reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1235 Same; findings.

66-1235.
Same; findings.
The legislature finds that:
(a) Actual and threatened acts of terrorism directed at the American people make it clear that government must take enhanced measures to protect its citizens and provide for greater security of services essential to the public welfare.
(b) The threat of terrorism extends to utilities that provide basic services upon which individual citizens, schools, hospitals, nursing homes, day care centers, businesses and industry rely.
(c) Under these extraordinary circumstances, practices and procedures that would otherwise apply in regulatory proceedings shall not hamper the government in performing its most basic purposes: Providing for the security of its citizens and protecting the public welfare.
History:
L. 2003, ch. 132, § 2; May 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1236 Same; proceedings for recovery of security expenditures, requirements; confidential documents, not subject to disclosure.

66-1236.
Same; proceedings for recovery of security expenditures, requirements; confidential documents, not subject to disclosure.
(a) In adopting procedures applicable in proceedings pursuant to K.S.A. 66-1233, and amendments thereto, the state corporation commission shall provide for:
(1) Confidentiality of information so that the amount of recovery requested, the amount of recovery allowed, the method of cost recovery requested and the method of cost recovery allowed is not disclosed;
(2) protective orders for all filings so that the citizens' utility ratepayer board may receive and review documents if the board intervenes;
(3) procedures to reflect rules of the United States nuclear regulatory commission or other regulatory bodies that govern the release of information and documentation which an applicant is required to submit to support the application or supply to the commission, commission staff or intervenors;
(4) the security cost recovery charge to be unidentifiable on customers' bills;
(5) the security cost recovery charge shall be allocated and added to all wholesale and retail rates and future contracts. Any contract existing on the effective date of this act, which does not specifically prohibit the addition of such charges, shall have such charges added;
(6) review of security-related filings in an expedited manner with reference only to security-related items to assure that the proposed items provide enhanced security;
(7) denial of any expenditure that the commission determines is not prudent or is not for security measures and approval of all other expenditures; and
(8) recovery of capital expenditures over a period equal to not more than 1/2 the usable lifetime of the capital investment.
(b) A determination by the commission of the prudence of an expenditure for security measures shall not be based on standard regulatory principles and methods of recovery and shall take fully into account the findings and intent of the legislature as stated in K.S.A. 66-1235, and amendments thereto.
(c) The provisions of this act and K.S.A. 66-1233, and amendments thereto, shall apply recovery of prudent expenditures for enhanced security incurred after September 11, 2001.
(d) Any confidential records or information relating to security measures provided or received under the provisions of this act and K.S.A. 66-1233, and amendments thereto, shall not be subject to subpoena, discovery or other demand in any administrative, criminal or civil action.
History:
L. 2003, ch. 132, § 3; L. 2005, ch. 126, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1238 Electric utility interconnection agreements, standard provisions.

66-1238.
Electric utility interconnection agreements, standard provisions.
On or before September 1, 2003, the state corporation commission shall establish standard provisions, including applicable fees, for agreements providing for interconnection between the facilities of an electric public utility, as defined by K.S.A. 66-101a, and amendments thereto, and a generator which generates electricity from renewable resources or technologies, as defined by K.S.A. 17-4652, and amendments thereto.
History:
L. 2003, ch. 81, § 32; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1240 Construction of transmission and generation facilities; definitions.

66-1240.
Construction of transmission and generation facilities; definitions.
As used in K.S.A. 66-1241 through 66-1244, and amendments thereto:
(a) "Appurtenances" means all substations, towers, poles and other structures and equipment necessary for the bulk transfer of electricity.
(b) "Bulk transfer" means the transport of a large amount of electricity at high voltage.
(c) "Commission" means the state corporation commission.
(d) "Construction or upgrade of an electric transmission line and appurtenances" means construction or upgrade of an electric transmission line and appurtenances to be used for the bulk transfer of 34.5 kilovolts or more of electricity.
(e) "Electric transmission line" means any line or extension of a line with an operating voltage of 34.5 kilovolts or more which is at least five miles in length and which is to be used for the bulk transfer of electricity.
History:
L. 2004, ch. 120, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1241 Same; bonds to finance transmission facilities.

66-1241.
Same; bonds to finance transmission facilities.
The Kansas development finance authority is authorized to assist owners or operators of electric transmission lines and appurtenances in marketing bonds to finance the construction and upgrade of such lines and appurtenances if:
(a) The majority of the costs of the construction and upgrade is for construction and upgrade of lines and appurtenances located or to be located in this state; and
(b) the commission certifies that the portions of the lines and appurtenances located outside this state will improve the reliability and security of the state's electric transmission system or will contribute to the long-term economic well being of the state.
History:
L. 2004, ch. 120, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1242 Same; recovery of capital expenditures for transmission facilities.

66-1242.
Same; recovery of capital expenditures for transmission facilities.
Upon application, the commission shall provide for recovery of capital expenditures for construction or upgrade of any electric transmission line or appurtenances over a period of 15 years, unless: (a) The commission determines there is good cause to deny the application; or (b) recovery of capital expenditures for construction or upgrade of the transmission line or appurtenances is already provided for by tariffs and rates approved by the federal energy regulatory commission or its successors.
History:
L. 2004, ch. 120, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1243 Same; interconnection facilities; grant or lease, when.

66-1243.
Same; interconnection facilities; grant or lease, when.
Any entity which, on or after January 1, 2004, constructs in this state new or expanded electric generation facilities having a capacity of at least 100 kilowatts may either grant or lease interconnection facilities to transmission operators, upon agreement between the entity and operator and approval by the commission.
History:
L. 2004, ch. 120, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1244 Same; sale or contract for operation of transmission facilities; approval by KCC; rate-making treatment.

66-1244.
Same; sale or contract for operation of transmission facilities; approval by KCC; rate-making treatment.
(a) Upon application, the commission may approve: (1) Any sale of transmission lines and appurtenances to an independent transmission company or system operator which has been approved by the federal energy regulatory commission; and (2) any contract for the operation of transmission lines and appurtenances by an independent transmission system operator or regional transmission organization which has been approved by the federal energy regulatory commission.
(b) The commission shall afford the transactions described in this section with appropriate rate-making treatment, including the reasonable sharing of proceeds from asset sales between ratepayers and the utility.
History:
L. 2004, ch. 120, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1245 Same; determination of utility's revenue requirements.

66-1245.
Same; determination of utility's revenue requirements.
(a) If an electric public utility constructs new or expanded electric generation capacity on or after January 1, 2004, in a county where the population has not increased more than 5% between the dates of the two most recent decennial censuses taken and published by the United States bureau of the census, the state corporation commission, in determining the utility's revenue requirements, shall make adjustments that allow the utility to retain benefits equivalent to 10% of the net revenues from sales of electricity generated by such new or expanded capacity to customers outside the state.
(b) The provisions of this section shall not apply to net revenues which are subject to the provisions of K.S.A. 66-1,184a, and amendments thereto.
History:
L. 2004, ch. 120, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1246 Research and development expenditures, investments; inclusion in rates, when.

66-1246.
Research and development expenditures, investments; inclusion in rates, when.
The state corporation commission shall allow an electric public utility, as defined in K.S.A. 66-101a, and amendments thereto, to include in rates the utility's prudent expenditures for research and development by the utility or for investment in research and development by research centers determined by the commission to be nationally recognized, provided such research and development expenditures or investments are intended to enhance reliability or efficiency of electric utility service.
History:
L. 2004, ch. 120, § 8; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1248 Agreements to finance and install energy conservation measures; cost recovery; liability and limitations thereof.

66-1248.
Agreements to finance and install energy conservation measures; cost recovery; liability and limitations thereof.
(a) Electric and natural gas public utilities, as defined in K.S.A. 66-101a and 66-1,200, and amendments thereto, may enter into agreements with customers and landlords of customers for the financing of the purchase price and installation cost of energy conservation measures by such utilities.
(b) Such utilities may recover the cost of such financing and related program costs through tariffs approved by the state corporation commission pursuant to K.S.A. 66-117, and amendments thereto, and paid for by the customers benefitting from the installation of the energy conservation measures.
(c) Except as otherwise required by the state corporation commission, through the approved tariff or otherwise, such utilities shall assume no liability for the installation, operation or maintenance of such measures, and shall not provide any warranty as to the merchantability of the measures, or its fitness for a particular purpose, and no action shall be maintained against any such utility the basis of which is such liability or warranty.
(d) Nothing in this section shall be construed to limit any rights or remedies of utility customers and landlords of utility customers against other parties to a transaction involving the purchase and installation of energy conservation measures.
History:
L. 2007, ch. 58, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1254 Same; expiration of provisions.

66-1254.
Same; expiration of provisions.
The provisions of K.S.A. 66-1249 through 66-1253, and amendments thereto, shall expire on July 1, 2013.
History:
L. 2008, ch. 146, § 9; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1255 Requirements for notice to customers of water utilities under the jurisdiction of the state corporation commission proposing rate increases.

66-1255.
Requirements for notice to customers of water utilities under the jurisdiction of the state corporation commission proposing rate increases.
Each water utility over which the state corporation commission has jurisdiction which applies for an increase in rates or charges due to capital improvements, rate of return or cost of service shall provide a notice of such proposed increase in rates or charges including, but not limited to, a comparison of current and proposed rates and a description of the cost increase for a typical customer. Such notice shall be in boldface type and in no smaller print than 8-point type and shall be included as a bill insert or bill message in the customer's ensuing monthly bill, or a separate mailing notifying customers, following the application and shall include a contact telephone number the customer may call to receive additional information concerning the rate increase from the utility proposing such increase and a website address for the state corporation commission with information about how a customer may intervene at the commission's rate hearing.
History:
L. 2008, ch. 128, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1256 Renewable energy standards act; renewable energy standard, goal.

66-1256. Renewable energy standards act; renewable energy standard, goal.
(a) K.S.A. 66-1256, 66-1257 and 66-1259, and amendments thereto, shall be known and may be cited as the renewable energy standards act.
(b) The legislature declares that it is in the public interest to promote renewable energy development in order to best utilize the abundant natural resources found in this state. There is hereby established a renewable energy standard for the state. The renewable energy standard shall be a voluntary goal that 20% of a utility's peak demand within the state be generated from renewable energy resources by the year 2020.
History:
L. 2009, ch. 141, § 1; L. 2015, ch. 75, § 1; January 1, 2016.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1257 Same; definitions.

66-1257. Same; definitions.
As used in the renewable energy standards act:
(a) "Affected utility" means any electric public utility, as defined in K.S.A. 66-101a, and amendments thereto, but does not include any portion of any municipally owned or operated electric utility.
(b) "Commission" means the state corporation commission.
(c) "Peak demand" means the demand imposed by the affected utility's retail load in the state.
(d) "Renewable energy resources" means net renewable generation capacity from:
(1) Wind;
(2) solar thermal sources;
(3) photovoltaic cells and panels;
(4) dedicated crops grown for energy production;
(5) cellulosic agricultural residues;
(6) plant residues;
(7) methane from landfills or from wastewater treatment;
(8) clean and untreated wood products such as pallets;
(9) (A) existing hydropower;
(B) new hydropower;
(10) fuel cells using hydrogen produced by one of the above-named renewable energy resources; and
(11) energy storage that is connected to any renewable generation by means of energy storage equipment including, but not limited to, batteries, fly wheels, compressed air storage and pumped hydro.
History:
L. 2009, ch. 141, § 2; L. 2012, ch. 101, § 3; L. 2015, ch. 75, § 2; January 1, 2016.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1259 Same; renewable energy resource requirements; recovery of costs by affected utilities; no impairment of existing contracts.

66-1259. Same; renewable energy resource requirements; recovery of costs by affected utilities; no impairment of existing contracts.
(a) The commission shall allow affected utilities to recover reasonable costs incurred or committed to be incurred as a result of compliance with the renewable energy resource requirements required in K.S.A. 66-1258, prior to its repeal. All rules and regulations and orders of the state corporation commission that relate to allowing a utility to recover costs incurred to meet such requirement, and that are in effect on June 30, 2015, shall continue to be effective. The commission shall allow affected utilities to recover reasonable costs incurred as a result of meeting the voluntary 20% goal in K.S.A. 66-1256, and amendments thereto.
(b) Nothing in this act shall be construed to impair any existing contracts, leases or agreements.
History:
L. 2009, ch. 141, § 4; L. 2015, ch. 75, § 3; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1259a Renewable energy standards act; severability.

66-1259a. Renewable energy standards act; severability.
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of the act which can be given effect without the invalid provision or application. To this end the provisions of this act are severable.
History:
L. 2015, ch. 75, § 7; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1263 Net metering and easy connection act.

66-1263.
Net metering and easy connection act.
K.S.A. 66-1263 through 66-1271, and amendments thereto, shall be known and may be cited as the net metering and easy connection act.
History:
L. 2009, ch. 141, § 8; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1264 Same; definitions.

66-1264.
Same; definitions.
As used in the net metering and easy connection act:
(a) "Commission" means the state corporation commission.
(b) "Customer-generator" means the owner or operator of a net metered facility which:
(1) Is powered by a renewable energy resource;
(2) is located on a premises owned, operated, leased or otherwise controlled by the customer-generator;
(3) is interconnected and operates in parallel phase and synchronization with an affected utility and is in compliance with the standards established by the affected utility;
(4) is intended primarily to offset part or all of the customer-generator's own electrical energy requirements;
(5) contains a mechanism, approved by the utility, that automatically disables the unit and interrupts the flow of electricity back onto the supplier's electricity lines in the event that service to the customer-generator is interrupted.
(c) "Peak demand" shall have the meaning ascribed thereto in K.S.A. 66-1257, and amendments thereto.
(d) "Renewable energy resources" shall have the meaning ascribed thereto in K.S.A. 66-1257, and amendments thereto.
(e) "Utility" means investor-owned electric utility.
History:
L. 2009, ch. 141, § 9; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1265 Same; utility requirements; tariff, contracts, meters, disclosure to customers.

66-1265. Same; utility requirements; tariff, contracts, meters, disclosure to customers.
Each utility shall:
(a) Make net metering available to customer-generators on a first-come, first-served basis, until the total rated generating capacity of all net metered systems equals or exceeds one percent of the utility's peak demand during the previous year. The commission may increase the total rated generating capacity of all net metered systems to an amount above one percent after conducting a hearing pursuant to K.S.A. 66-101d, and amendments thereto;
(b) provide an appropriate class bidirectional meter to the customer-generator at no charge, but may charge the customer-generator for the cost of any additional metering or distribution equipment necessary to accommodate the customer-generator's facility;
(c) disclose annually the availability of the net metering program to each of its customers with the method and manner of disclosure being at the discretion of the utility;
(d) for any customer-generator which began operating its renewable energy resource under an interconnect agreement with the utility prior to July 1, 2014, offer to the customer-generator a tariff or contract that is identical in electrical energy rates, rate structure and monthly charges to the contract or tariff that the customer would be assigned if the customer were not an eligible customer-generator and shall not charge the customer-generator any additional standby, capacity, interconnection or other fee or charge that would not otherwise be charged if the customer were not an eligible customer-generator; and
(e) for any customer-generator which began operating its renewable energy resource under an interconnect agreement with the utility on or after July 1, 2014, have the option to propose, within an appropriate rate proceeding, the application of time-of-use rates, minimum bills or other rate structures that would apply to all such customer-generators prospectively.
History:
L. 2009, ch. 141, § 10; L. 2014, ch. 68, § 2; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1267 Same; utility duty to customer-generators; customer-generator's load size.

66-1267. Same; utility duty to customer-generators; customer-generator's load size.
(a) For customer-generators that began operating a renewable energy resource under an interconnect agreement with the utility prior to July 1, 2014:
(1) Such utility shall allow:
(A) Residential customer-generators to generate electricity subject to net metering up to 25 kilowatts; and
(B) commercial, industrial, school, local government, state government, federal government, agricultural and institutional customer-generators to generate electricity subject to net metering up to 200 kilowatts.
(2) Nothing in this act shall be construed to prevent such customer-generators from installing additional renewable energy resources after July 1, 2014, that will generate electricity pursuant to the restrictions contained in paragraph (1).
(b) For customer-generators that begin operating a renewable energy resource under an interconnect agreement with the utility after July 1, 2014, such utility shall allow:
(1) All residential customer-generators to generate electricity subject to net metering up to 15 kilowatts;
(2) commercial, industrial, religious institution, local government, state government, federal government, agricultural and industrial customer-generators to generate electricity subject to net metering up to 100 kilowatts, unless otherwise agreed to by the utility and the customer-generator; and
(3) school customer-generators to generate electricity subject to net metering up to 150 kilowatts. For the purpose of this section, "school" means any postsecondary educational institution as defined in K.S.A. 74-3201b, and amendments thereto, or any public or private school which provides instruction for students enrolled in grade kindergarten or grades one through 12.
(c) Customer-generators shall appropriately size their generation to their expected load.
History:
L. 2009, ch. 141, § 12; L. 2014, ch. 68, § 4; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1268 Same; net metered facilities; standards; limitation of liability for utility.

66-1268.
Same; net metered facilities; standards; limitation of liability for utility.
(a) Net metered facilities must meet all applicable safety, performance, interconnection and reliability standards established by the national electrical code, the national electrical safety code, the institute of electrical and electronics engineers, underwriters laboratories, the federal energy regulatory commission and any local governing authorities. A utility may require that a customer-generator's system contain a switch, circuit breaker, fuse or other easily accessible device or feature located in immediate proximity to the customer-generator's metering equipment that would allow a utility worker the ability to manually and instantly disconnect the unit from the utility's electric distribution system.
(b) A utility may not require a customer-generator whose net metering facility meets the standards in subsection (a) to comply with additional safety or performance standards or perform or pay for additional tests or purchase additional liability insurance. A utility shall not be liable directly or indirectly for permitting or continuing to allow an attachment of a net metered facility or for the acts or omissions of the customer-generator that cause loss or injury, including death, to any third party.
History:
L. 2009, ch. 141, § 13; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1269 Same; rules and regulations; application process.

66-1269.
Same; rules and regulations; application process.
The commission shall, within 12 months from the effective date of the net metering and easy connection act, establish rules and regulations necessary for the administration of the act, which shall include rules and regulations ensuring that simple contracts are used for interconnection and net metering. For systems less than 25 kilowatts, the application process shall use an all-in-one document that includes a simple interconnection request, simple procedures and a brief set of terms and conditions.
History:
L. 2009, ch. 141, § 14; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1270 Same; recovery of reasonable costs by utility.

66-1270.
Same; recovery of reasonable costs by utility.
Reasonable costs incurred by a utility under the net metering and easy connection act shall be recoverable in the utility's rate structure.
History:
L. 2009, ch. 141, § 15; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1271 Same; compliance with renewable energy standards act.

66-1271. Same; compliance with renewable energy standards act.
Each kilowatt of nameplate capacity of all net metered facilities operating under the provisions of this act shall count as 1.10 kilowatts toward the affected utility's compliance with the renewable energy standards act in K.S.A. 66-1256 through 66-1262, and amendments thereto.
History:
L. 2009, ch. 141, § 16; L. 2014, ch. 68, § 5; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1272 Compressed air energy storage act.

66-1272.
Compressed air energy storage act.
K.S.A. 66-1272 through 66-1279, and amendments thereto, shall be known and may be cited as the compressed air energy storage act.
History:
L. 2009, ch. 141, § 32; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1273 Same; definitions.

66-1273.
Same; definitions.
As used in the compressed air energy storage act:
(a) "Commission" means the state corporation commission.
(b) "Department" means the department of health and environment.
History:
L. 2009, ch. 141, § 33; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1274 Same; injection of compressed air into storage wells; permits; requirements; rules and regulations.

66-1274.
Same; injection of compressed air into storage wells; permits; requirements; rules and regulations.
(a) Within 18 months after the effective date of this act, the commission shall establish rules and regulations establishing requirements, procedures and standards for the safe and secure injection of compressed air into storage wells, which shall include maintenance of underground storage of compressed air. Such rules and regulations shall include, but not be limited to:
(1) Site selection criteria;
(2) design and development criteria;
(3) operation criteria;
(4) casing requirements;
(5) monitoring and measurement requirements;
(6) safety requirements, including public notification;
(7) closure and abandonment requirements, including the financial requirements of subsection (d); and
(8) long-term monitoring.
(b) The commission may adopt rules and regulations establishing fees for permitting, monitoring and inspecting operators of compressed air energy storage wells and underground storage. Fees collected by the commission under this section shall be remitted by the commission to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury and credit it to the compressed air energy storage fund.
(c) The commission or the commission's duly authorized representative may impose on any holder of a permit issued pursuant to this section such requirements relating to inspecting, monitoring, investigating, recording and reporting as the commission or representative deems necessary to administer the provisions of this section and rules and regulations adopted hereunder.
(d) Any company or operator receiving a permit under the provisions of the compressed air energy storage act shall demonstrate annually to the commission evidence, satisfactory to the commission, that the permit holder has financial ability to cover the cost of closure of the permitted facility as required by the commission.
(e) The commission may enter into contracts for services from consultants and other experts for the purposes of assisting in the drafting of rules and regulations pursuant to this section.
(f) Rules and regulations adopted under the compressed air energy storage act shall apply to any compressed air energy storage well, whether in existence on the effective date of this act or thereafter.
History:
L. 2009, ch. 141, § 34; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1275 Same; rules and regulations for monitoring air emissions from compressed air energy storage wells and facilities.

66-1275.
Same; rules and regulations for monitoring air emissions from compressed air energy storage wells and facilities.
Within 18 months after the effective date of this act, the department shall establish rules and regulations establishing requirements, procedures and standards for the monitoring of air emissions coming from compressed air energy storage wells and storage facilities to ensure the wells and facilities comply with the Kansas air quality act.
History:
L. 2009, ch. 141, § 35; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1276 Same; memorandum of understanding between state corporation commission and department of health and environment concerning administration of act.

66-1276.
Same; memorandum of understanding between state corporation commission and department of health and environment concerning administration of act.
The commission and the department may enter into a memorandum of understanding concerning implementation of the requirements and responsibilities under the compressed air energy storage act.
History:
L. 2009, ch. 141, § 36; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1277 Same; violations; penalties; hearing; judicial review.

66-1277.
Same; violations; penalties; hearing; judicial review.
(a) The commission, upon a finding that a person has violated any provision of K.S.A. 66-1274, and amendments thereto, or rules and regulations adopted thereunder, may impose a penalty not to exceed $10,000 per violation which shall constitute an economic deterrent to the violation for which it is assessed and, in the case of a continuing violation, every day such violation continues shall be deemed a separate violation.
(b) No penalty shall be imposed pursuant to this section except after an opportunity for hearing upon the written order of the commission to the person who committed the violation. The order shall state the violation and the penalty to be imposed.
(c) Whenever the commission or the commission's duly authorized representative find that the soil or waters of the state are not being protected from pollution resulting from the storage of compressed air, the commission or the commission's duly authorized representative shall issue an order prohibiting such storage. Any person aggrieved by such order may request in writing, within 15 days after service of the order, a hearing on the order. Upon receipt of a timely request, a hearing shall be conducted in accordance with the provisions of the Kansas administrative procedure act.
(d) Any action of the commission pursuant to this section is subject to review in accordance with the act for judicial review and civil enforcement of agency actions.
History:
L. 2009, ch. 141, § 37; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1278 Same; agents of commission; right of ingress and egress; restoration of premises.

66-1278.
Same; agents of commission; right of ingress and egress; restoration of premises.
(a) In performing investigations or administrative functions relating to prevention of pollution of the soil or waters of the state, the commission or the commission's duly authorized representative may enter any property or facility which is subject to the provisions of K.S.A. 66-1274, and amendments thereto, for the purpose of observing, monitoring, collecting samples, examining records and facilities to determine compliance or noncompliance with state laws and rules and regulations relating to air pollution, water pollution, soil pollution or public health or safety.
(b) The representatives of the commission shall have the right of ingress and egress upon any lands to clean up pollution from the storage of compressed air over which the commission has jurisdiction pursuant to K.S.A. 66-1274, and amendments thereto. Such representatives shall have the power to occupy such land if necessary to investigate and clean up such pollution or to investigate and plug any such compressed air energy storage well. Any representative entering upon any land to investigate and clean up such pollution or to investigate and plug any such compressed air energy storage well shall not be liable for any damages necessarily resulting therefrom, except damages to growing crops, livestock or improvements on the land. Upon completion of activities on such land, such representative shall restore the premises to the original contour and condition as nearly as practicable.
History:
L. 2009, ch. 141, § 38; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1279 Same; compressed air energy storage fund.

66-1279.
Same; compressed air energy storage fund.
(a) (1) There is hereby established in the state treasury the compressed air energy storage fund. Such fund shall be administered by the commission in accordance with the provisions of this section for the purpose of administering the provisions of the compressed air energy storage act.
(2) The commission shall remit to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, all moneys received by the commission for the purposes of the compressed air energy storage act. Upon receipt of the remittance the state treasurer shall deposit the entire amount in the state treasury and credit it to the fund. The commission is authorized to receive from any private or governmental source any funds made available for the purposes of the compressed air energy storage act.
(3) All expenditures from the compressed air energy storage fund shall be made in accordance with appropriation acts and upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the commission or a person designated by the chairperson.
(b) The commission is authorized to use moneys from the compressed air energy storage fund to pay the cost of:
(1) All activities related to permitting activities, including, but not limited to, development and issuance of permits, compliance monitoring, inspections, well closures, underground storage closure, long-term monitoring and enforcement actions;
(2) review and witnessing of test procedures;
(3) review and witnessing of routine workover or repair procedures;
(4) investigation of violations, complaints, pollution and events affecting public health;
(5) design and review of remedial action plans;
(6) contracting for services needed to supplement the commission's staff expertise in facility investigations;
(7) consultation needed concerning remedial action at a permitted facility;
(8) mitigation of adverse environmental impacts;
(9) emergency or long-term remedial activities;
(10) legal costs, including expert witnesses, incurred in administration of the provisions of the compressed air energy storage act; and
(11) costs of program administration.
(c) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the compressed air energy storage fund interest earnings based on:
(1) The average daily balance of moneys in the compressed air energy storage fund for the preceding month; and
(2) the net earnings rate of the pooled money investment portfolio for the preceding months.
History:
L. 2009, ch. 141, § 39; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1280 New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions.

66-1280.
New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions.
(a) Any new coal-fired electricity generating facility in Kansas, construction of which commences on or after the effective date of this act, shall purchase Kansas coal for at least 5% of its coal requirements. For the purposes of this section, "Kansas coal" shall have the meaning ascribed thereto in K.S.A. 79-32,228, and amendments thereto.
(b) The provisions of this section shall apply if the cost of the Kansas coal, including costs of transportation and handling at the new coal-fired electricity generating facility, is:
(1) Competitive to the cost of the out-of-state coal supply the owner or operator of the new coal-fired electricity generating facility is using to meet its remaining coal supply requirements;
(2) sold on comparable contractual terms and specification; and
(3) of an acceptable quality for use in the new coal-fired electricity generating facility.
This section shall not apply if the use or purchase of Kansas coal will result in the owner or operator of the new coal-fired electricity generating facility violating its air permit or a contractual obligation to which the owner or operator is subject.
History:
L. 2009, ch. 141, § 31; May 28.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1281 Anemometer towers; definitions; requirements; penalties.

66-1281. Anemometer towers; definitions; requirements; penalties.
(a) As used in this section:
(1) "Anemometer" means an instrument for measuring and recording the speed of wind; and
(2) "anemometer tower" means a structure, including all guy wires and accessory facilities, on which an anemometer is mounted.
(b) Any anemometer tower that is 50 feet in height above the ground or higher, located outside the corporate boundaries of any city, and whose appearance is not otherwise mandated by state or federal law, shall be marked, painted, flagged or otherwise constructed to be recognizable in clean air during daylight hours. Any anemometer tower that was erected before July 1, 2011, shall be marked as required by this section within two years after the effective date of this act. Any anemometer tower that is erected on or after the* July 1, 2011, shall be marked as required by this section at the time it is erected. Marking required under this section includes marking the anemometer tower, guy wires and accessory facilities as follows:
(1) The top ⅓ of the anemometer tower shall be painted in equal, alternating bands of aviation orange and white, beginning with orange at the top of the tower and ending with orange at the bottom of the marked portion of the tower;
(2) two marker balls shall be attached to and evenly spaced on each of the outside guy wires; and
(3) one or more seven-foot safety sleeves shall be placed at each anchor point and shall extend from the anchor point along each guy wire attached to the anchor point.
(c) Failure to properly mark an anemometer tower is failing to mark an anemometer tower as required by subsection (b). An owner of an anemometer tower who fails to properly mark an anemometer tower shall be guilty of a class C nonperson misdemeanor.
History:
L. 2011, ch. 52, § 1; July 1.
* The word "the" should have been stricken.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1282 Electric supply and demand reports.

66-1282. Electric supply and demand reports.
On or before February 1, 2013, and every two years thereafter, the state corporation commission shall compile a report regarding electric supply and demand for all electric utilities in Kansas. The report shall include, but not be limited to, generation capacity needs, system peak capacity needs and renewable generation needs associated with the 2009 Kansas renewable energy standards. The commission shall submit the report to the house energy and utilities committee and the senate utilities committee.
History:
L. 2011, ch. 51, § 1; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 12 - Miscellaneous Provisions › 66-1288 Kansas energy choice act; customer's use of utility service; limitations on municipalities related thereto.

66-1288. Kansas energy choice act; customer's use of utility service; limitations on municipalities related thereto.
(a) As used in this section:
(1) "Municipality" means any county, city, township or other political or taxing subdivision thereof, or any board, bureau, commission, committee, department, division or other agency thereof.
(2) "Utility service" means the retail provision of natural gas or propane.
(b) A municipality shall not impose any ordinance, resolution, code, rule, provision, standard, permit, plan or any other binding action that prohibits, discriminates against, restricts, limits, impairs, or has the effect thereof, an end use customer's use of a utility service.
(c) This section shall not be construed to restrict the ability of a municipality to limit an end use customer's use of a utility service if the end use customer is such municipality.
(d) This section shall be known and may be cited as the Kansas energy choice act.
History:
L. 2021, ch. 26, § 1; April 22.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1302 Rules and regulations of superintendent of the highway patrol; appeals by aggrieved agencies; hearing and determination by governor.

66-1302.
Rules and regulations of superintendent of the highway patrol; appeals by aggrieved agencies; hearing and determination by governor.
The superintendent of the Kansas highway patrol may adopt rules and regulations to secure proper and efficient enforcement of the laws of the state in relation to motor carriers of passengers and property for hire, not inconsistent with or in derogation of the powers, duties, and responsibilities placed by existing statutes upon the corporation commission. It is declared necessary for the corporation commission, the department of transportation, the department of revenue, and the Kansas highway patrol to cooperate and to coordinate their actions and effort for the proper and efficient enforcement of laws relating to motor carriers of passengers and property for compensation.
If the corporation commission, department of transportation or department of revenue shall feel aggrieved by any order, rule, or regulation adopted by the superintendent of the Kansas highway patrol and shall desire to resist the same, it shall serve, within 30 days after its adoption, written notice upon the superintendent that it appeals from the order, rule or regulation to the governor, and the superintendent shall forthwith certify to the governor the order, rule or regulation so appealed from, and the governor shall fix a time and place for a hearing thereon. The superintendent shall cause all interested parties to be notified of such time and place of such hearing, and at the hearing, all persons interested shall be given opportunity to be fully heard, and the governor shall thereupon decide the appeal, and the decision of the governor shall be final, conclusive and binding.
History: L. 1933, ch. 89, § 2 (Special Session); L. 1972, ch. 342, § 62; L. 1977, ch. 304, § 22; L. 1988, ch. 266, § 6; July 1.
2023 Kansas Statutes › Chapter 66 - Public Utilities › Article 13 - Motor Carriers › 66-1313a Inspection of motor carrier equipment; inspection stations; certificates; rules and regulations; fees.

66-1313a.
Inspection of motor carrier equipment; inspection stations; certificates; rules and regulations; fees.
Except as otherwise authorized under other laws of this state, a motor carrier who holds a certificate of convenience and necessity, a certificate of public service, a private carrier permit or an interstate license from the state corporation commission, upon application to the commission, may be designated to establish an authorized inspection station for the inspection of the motor vehicles, trailers and semitrailers operated in this state by such motor carrier for compliance with the equipment statutes and rules and regulations of this state. Such inspection station shall be located in Kansas. If the condition of the motor vehicle, trailer or semitrailer is found to be in compliance with the laws of this state, the authorized inspection station shall issue a certificate of inspection stating its approval and the date of the inspection. No certificate shall be issued unless equipment not in compliance is first repaired or corrected and records of such repairs or corrections are maintained by the authorized inspection station. Certificates issued under this section shall be valid for 12 months from the date of issue. Every certificate of approval issued pursuant to this section shall be issued in triplicate. One copy of such certificate shall be carried in the motor vehicle of the combination of vehicles of which a trailer or semitrailer is a part or in the motor vehicle if applicable to the motor vehicle, during the time such certificate is valid or in effect, one copy shall be retained by the authorized inspection station as prescribed by rules and regulations of the commission and the third copy shall be returned to the commission. Such equipment inspection records shall be made available to the commission upon request. The commission shall adopt rules and regulations for the administration of this section and shall establish a schedule of fees and charges governing the cost of administration of such authorized inspection stations.
History:
L. 1984, ch. 25, § 9; L. 1995, ch. 98, § 18; L. 2003, ch. 124, § 32; July 1.