Session 2000
Effective: April 20, 2000
House Substitute for Substitute for Substitute for
SENATE BILL No. 257

AN ACT concerning electric transmission lines; amending K.S.A. 66-1,178, 66-1,179 and
66-1,182 and repealing the existing sections.

Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 66-1,178 is hereby amended to read as follows: 66-
1,178. (a) No electric utility may begin site preparation for or construction
of an electric transmission line, or exercise the right of eminent domain
to acquire any interest in land in connection with the site preparation for
a construction of any such line without first acquiring a siting permit from
the commission. Whenever any such electric utility desires to obtain such
a permit, it the utility shall file an application with the commission setting
forth therein that it the utility proposes to construct an electric transmis-
sion line and specifying:

      (1) The proposed location thereof,;

      (2) the names and addresses of the landowners of record whose land
or interest therein is proposed to be acquired in connection with the
construction of such a line or is located within 660 feet of the center line
of the easement where the line is proposed to be located; and

      (3) such other information as may be required by the commission.

      (b) Thereupon Upon the filing of an application pursuant to subsec-
tion (a), the commission shall fix a time for a public hearing on such
application, which shall be not more than 60 days from 90 days after the
date the application was filed, to determine the necessity for and the
reasonableness of the location of the proposed electric transmission line.
The commission shall fix the place for hearing, which may be in any
county shall be in one of the counties through which the electric trans-
mission line is proposed to traverse.

      (c) The commission may conduct an evidentiary hearing on an ap-
plication filed pursuant to this section at such time and place as the com-
mission deems appropriate.

      (d) The commission shall issue a final order on the application within
120 days after the date the application was filed.

      Sec.  2. K.S.A. 66-1,179 is hereby amended to read as follows: 66-
1,179. The commission shall publish notice of the time, place and subject
matter of such the public hearing provided for by K.S.A. 66-1,178 and
amendments thereto, in newspapers having general circulation in every
county through which the electric transmission line is proposed to trav-
erse once each week for three (3) two consecutive weeks, the last pub-
lication to be not less than five (5) days before such hearing date. The
commission may order the applicant to publish such notice and submit
an affidavit of publication, evidencing the dates of publication and the
newspapers in which the notice appeared, to the commission prior to the
hearing. Written notice by certified mail of such hearing and a copy of
the application shall be served not less than twenty (20) 20 days prior to
the hearing date upon all landowners described in subsection (a)(2) of
K.S.A. 66-1,178, and amendments thereto, as shown by the application.

      Sec.  3. K.S.A. 66-1,182 is hereby amended to read as follows: 66-
1,182. (a) The provisions of this act shall not apply to:

      (1) That portion of any electric transmission line to be constructed on
an easement where there currently exists one or more electric transmission
lines if the easement is not within the corporate limits of any city;

      (2) that portion of any electric transmission line to be constructed on
property adjacent to right-of-way along a four-lane controlled access
highway, as defined in K.S.A. 8-1410, and amendments thereto; or

      (3) any electric utility which complies with the provisions of the na-
tional environmental policy act of 1969 with regard to the siting of electric
transmission lines.

      (b) No city or county shall have jurisdiction or control over the siting
or construction of any electric transmission line exempted from the pro-
visions of this act by subsection (a).

      (c) No environmental study shall be required for construction of an
electric transmission line on right-of-way where there currently exists one
or more electric transmission lines.

     Sec.  4. K.S.A. 66-1,178, 66-1,179 and 66-1,182 are hereby repealed.

     Sec.  5. This act shall take effect and be in force from and after its
publication in the Kansas register.