HOUSE BILL No. 2552
An Act concerning municipal energy agencies; amending K.S.A. 12-886
and 12-897 and
repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 12-886 is hereby amended to read as
886. As used in this act, unless the context otherwise
(a) ``Agency agreement'' means the written agreement between
among two or more cities establishing a municipal energy
(b) ``City'' means a city organized and existing under the
laws of Kan-
sas and authorized by such laws to engage in the local distribution
sale of electrical energy
and operating an electric
generating system dur-
ing the calendar year 1976.
(c) ``Governing body,'' with respect to a city, means the
body of the city or, if another board, commission or body is
by law or by resolution of the governing body of the city to
regulate rates and charges for the distribution of electrical
the city, such board, commission or body shall be deemed to be
(d) ``Municipal energy agency'' means a quasi-municipal
created by agreement between or among two or more cities pursuant
this act to exercise any of the powers granted by K.S.A. 12-885 to
8,111, inclusive, and amendments thereto, and including the
construction, reconstruction, operation, repair, extension or
of electric generation or transmission facilities or the
acquisition of any
interest therein or any right to part or all of the capacity
(e) ``Person'' means a natural person, a public agency,
poration, firm, partnership, cooperative association or business
any nature whatsoever, organized and existing under the laws of any
or of the United States.
(f) ``Project'' means any plant, works, system, facilities and
personal property of any nature whatsoever, together with all
thereof and appurtenances thereto, used or useful in the
duction, transmission, purchase, sale, exchange or interchange of
energy or any interest therein or capacity thereof and including
and planning with respect thereto.
(g) ``Public agency'' means any city or other municipal
political subdivision, governmental unit or public corporation
or pursuant to the laws of this state, another state or the United
any state or the United States; or any person, board or other body
clared by the laws of any state or the United States to be a
agency or instrumentality thereof.
Sec. 2. K.S.A. 12-897 is hereby amended to read as
No municipal energy agency created under this act shall be
to enter into any agreement or contract for the direct sale of
to any person other than to a member city of the agency
operating an electric generating system during the calendar
year 1976, a
marketer of electricity, a broker of electricity, an electric
an electric cooperative, a city owning or operating a municipal
utility, a municipal energy agency, a federal power marketing
tration or an investor owned electric utility.
Sec. 3. K.S.A. 12-886 and 12-897 are hereby repealed.
Sec. 4. This act shall take effect and be in force from
and after its
publication in the statute book.
Approved April 20, 1998