reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8939 Bonds for certain electric generation facilities.

74-8939.
Bonds for certain electric generation facilities.
(a) For the purpose of financing the construction, renovation or repair of (1) one or more facilities which generate electricity solely by use of hydropower and which each have a capacity of more than two but less than 25 megawatts, or (2) a facility or portion thereof which generates electricity and is designed as a prototype for the generation of electricity and hydrogen with limited emissions and for research in connection with related technologies and which includes a research or teaching component involving one or more postsecondary educational institutions or faculty members thereof, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, renovation or repair, including any required interest on the bonds during construction, renovation or repair, plus all amounts required for costs of the bond issuance and for any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of electricity generated by the generation facility or facilities or from any other revenues available to be pledged by the Kansas development finance authority for such purpose.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History:
L. 2001, ch. 196, § 2; L. 2004, ch. 164, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8940 Bonds for pollution control devices at certain electric generation facilities.

74-8940.
Bonds for pollution control devices at certain electric generation facilities.
(a) For the purpose of financing the construction, purchase and installation of pollution control devices at electric generation facilities and additions to electric generation facilities described in subsection (e) of K.S.A. 66-104, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, purchase and installation, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of generation from the electric generation facility. As used in this subsection, "pollution control devices" means any device or structure required to meet air emission or water discharge standards imposed by state or federal law.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History:
L. 2001, ch. 206, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8941 Same.

74-8941.
Same.
(a) For the purpose of financing the construction, purchase and installation of pollution control devices at electric generation facilities and additions to electric generation facilities described in subsection (b)(2)(C) of K.S.A. 66-128, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction, purchase and installation, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of generation from the electric generation facility. As used in this subsection, "pollution control devices" means any device or structure required to meet air emission or water discharge standards imposed by state or federal law.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History:
L. 2001, ch. 207, § 3; L. 2008, ch. 174, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8942 Bonds for tire manufacturers; definitions.

74-8942.
Bonds for tire manufacturers; definitions.
As used in K.S.A. 74-8942 through 74-8945:
(a) "Establishment" means a business that:
(1) Has at least $100,000,000 in existing annual gross compensation paid to jobs located in Kansas, according to reports filed with the secretary of labor, for the previous three years;
(2) has an average annual gross compensation of at least $40,000 paid per existing employee;
(3) currently has at least $200,000,000 total investment in Kansas;
(4) intends to add investment, in the state as defined in subsection (d), for modernization and retooling of at least $50,000,000 within five years from the effective date of this act or within five years of contracting with the department of commerce; and
(5) is described by north American industrial classification code number 326211, tire manufacturing.
(b) "Gross compensation" means wages and benefits paid to or on behalf of employees receiving wages.
(c) "Secretary" means the secretary of commerce.
(d) "Invest" or "investment" for the purpose of determining the eligibility of an establishment for the incentive payments created pursuant to this act, means an amount greater than the average amount invested by the establishment over the five years prior to the effective date of this act or for investments made after July 1, 2003, over the five years prior to entering into a contract with the secretary. If an establishment has been engaged in commercial operations for less than five years, the amount invested shall be greater than the annual average amount invested by the establishment for the entire period of commercial operation.
History:
L. 2002, ch. 185, § 15; L. 2003, ch. 154, § 82; L. 2004, ch. 179, § 114; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8943 Same; authority of Kansas development finance authority to issue; terms and conditions.

74-8943.
Same; authority of Kansas development finance authority to issue; terms and conditions.
The Kansas development finance authority is hereby authorized to issue obligations in a principal amount not to exceed $10,000,000 upon certification by the department of commerce that an establishment has entered into a contract with the secretary pursuant to this act. The authority shall issue such obligations in an amount of $1 for every $5 the establishment shall invest as required pursuant to K.S.A. 74-8942, and amendments thereto. The maximum maturity of bonds issued pursuant to this act shall be 15 years. Such obligations shall be issued within 60 days of the date by which the secretary receives the signed contract required pursuant to K.S.A. 74-8944, and amendments thereto. The proceeds of such issuance shall be used by the authority for acquiring or improving real property or acquiring or replacing personal property for modernizing and retooling of an establishment in the state. Subject to appropriation, the debt service on such obligations shall be paid by the transfer of an amount not to exceed 75% of the revenue realized from payments by employees of the establishment pursuant to K.S.A. 79-3294 et seq., and amendments thereto, but no such transfer shall commence prior to July 1, 2003.
History:
L. 2002, ch. 185, § 16; L. 2003, ch. 154, § 83; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8944 Same; authorities and duties of secretary of commerce; contracts.

74-8944.
Same; authorities and duties of secretary of commerce; contracts.
An establishment shall enter into a contract with the secretary in which in return for incentive payments authorized pursuant to K.S.A. 74-8943, and amendments thereto, the establishment agrees that, in the event that insufficient revenue is realized by the payments made pursuant to K.S.A. 74-8943, and amendments thereto, the establishment shall be responsible for the debt services on obligations issued pursuant to this act. The contract shall include a specified amount which the establishment agrees to invest in the state and shall be the basis for determining the amount of obligations issued pursuant to K.S.A. 74-8943, and amendments thereto. In the event the establishment invests a lesser amount the establishment shall repay any amount received at a ratio of $1 for each $5 of the difference between the amount pledged and the amount actually invested. The contract shall further specify that, in the event the rate of taxation set forth in the Kansas income tax act is abolished and insufficient revenue is realized to meet the debt service on the obligations issued pursuant to this act, the establishment shall not be responsible for any amount of shortfall attributable to such reduction in rates. The contract may specify such additional terms and conditions as may be necessary to administer this act. The secretary may include provisions in the contract to reduce the amount of eligible tax credits or other benefits on the investment to support such bond repayment.
History:
L. 2002, ch. 185, § 17; June 6.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8945 Same; disallowance of certain income tax credits.

74-8945.
Same; disallowance of certain income tax credits.
The establishment shall not be allowed credits pursuant to K.S.A. 79-32,160a, and amendments thereto, for any amount of investment related to or computed on the basis of any investment of the proceeds of obligations issued pursuant to this act.
History:
L. 2002, ch. 185, § 18; June 6.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8946 Bonds for electric transmission facilities.

74-8946.
Bonds for electric transmission facilities.
(a) As used in this section:
(1) "Appurtenances" means all substations, towers, poles and other structures and equipment necessary for the bulk transfer of electricity.
(2) "Electric transmission line" means any line or extension of a line which is at least five miles long and which is used for the bulk transfer of electricity.
(b) The Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the following described costs of construction, upgrading and acquisition, including any required interest on the bonds during such construction, upgrading and acquisition, plus all amounts required for the costs of bond issuance and any required reserves on the bonds: (1) Construction or upgrading of electric transmission lines and appurtenances which are owned and operated by an electric municipal utility or which are to be used for the transfer of electricity with an operating voltage of 34.5 kilovolts or more of electricity; (2) acquisition of the right-of-way on which such transmission lines and appurtenances are to be constructed; and (3) upgrading of such electric transmission lines and appurtenances. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from use of the transmission lines.
(c) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(e) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History:
L. 2003, ch. 81, § 31; L. 2004, ch. 120, § 10; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8947 Financing for certain integrated coal gasification power plants.

74-8947.
Financing for certain integrated coal gasification power plants.
(a) For the purpose of financing the construction of a new integrated coal gasification power plant or expansion of an existing integrated coal gasification power plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of generation from the integrated coal gasification power plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing integrated coal gasification power plant" means expansion, beginning after December 31, 2005, of the capacity of an existing integrated coal gasification power plant by at least 10% of such capacity, and includes construction or expansion of transmission facilities which are located at the site of such plant and are employed specifically to serve such expansion.
(2) "Integrated coal gasification power plant" has the meaning provided by K.S.A. 79-32,238, and amendments thereto.
(3) "New integrated coal gasification power plant" means an integrated coal gasification power plant construction of which begins after December 31, 2005, and includes transmission facilities which are located at the site of such plant and are employed specifically to serve such plant.
History:
L. 2006, ch. 209, § 27; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8948 Financing for certain refineries.

74-8948.
Financing for certain refineries.
(a) For the purpose of financing the construction of a new refinery, expansion of an existing refinery or restoration of a refinery, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, expansion or restoration, including any required interest on the bonds during construction, expansion or restoration, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of petroleum products produced at the refinery.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing refinery" means expansion, beginning after December 31, 2005, of the capacity of an existing refinery by at least 10% of such capacity.
(2) "New refinery" means a refinery, construction of which begins after December 31, 2005.
(3) "Refinery" has the meaning provided by K.S.A. 79-32,217, and amendments thereto.
(4) "Restoration of a refinery" means restoration of production of a refinery which has been out of production for five or more years.
History:
L. 2006, ch. 209, § 32; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949 Financing for certain crude oil or natural gas pipelines.

74-8949.
Financing for certain crude oil or natural gas pipelines.
(a) For the purpose of financing the construction of a new qualifying pipeline, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from transportation fees paid for transporting oil through the qualifying pipeline.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "New qualifying pipeline" means a qualifying pipeline, construction of which begins after December 31, 2005.
(2) "Qualifying pipeline" has the meaning provided by K.S.A. 79-32,223, and amendments thereto.
History: L. 2006, ch. 209, § 35; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949a Financing for certain integrated coal or coke gasification nitrogen fertilizer plants.

74-8949a.
Financing for certain integrated coal or coke gasification nitrogen fertilizer plants.
(a) For the purpose of financing the construction of a new integrated coal or coke gasification nitrogen fertilizer plant or expansion of an existing integrated coal or coke gasification nitrogen fertilizer plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of nitrogen fertilizer produced at the integrated coal or coke gasification nitrogen fertilizer plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Expansion of an existing integrated coal or coke gasification nitrogen fertilizer plant" means expansion, beginning after December 31, 2005, of the capacity of an existing integrated coal or coke gasification nitrogen fertilizer plant by at least 20% of such capacity.
(2) "Integrated coal or coke gasification nitrogen fertilizer plant" has the meaning provided by K.S.A. 79-32,228, and amendments thereto.
(3) "New integrated coal or coke gasification nitrogen fertilizer plant" means an integrated coal or coke gasification nitrogen fertilizer plant construction of which begins after December 31, 2005.
History:
L. 2006, ch. 209, § 37; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949b Financing for certain biomass-to-energy plants.

74-8949b.
Financing for certain biomass-to-energy plants.
(a) For the purpose of financing the construction of a new biomass-to-energy plant or expansion of an existing biomass-to-energy plant, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction or expansion, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of fuels, energy and coproducts produced at the plant.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section:
(1) "Biomass-to-energy plant" has the meaning provided by K.S.A. 79-32,233, and amendments thereto.
(2) "Expansion of an existing biomass-to-energy plant" means expansion, beginning after December 31, 2005, of the capacity of an existing biomass-to-energy plant by at least 10% of such capacity.
(3) "New biomass-to-energy plant" means a biomass-to-energy plant, construction of which begins after December 31, 2005.
History:
L. 2006, ch. 209, § 39; L. 2007, ch. 113, § 19; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949c Financing for certain renewable electric cogeneration facilities.

74-8949c.
Financing for certain renewable electric cogeneration facilities.
(a) For the purpose of financing the construction of a new renewable electric cogeneration facility, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from cost savings attributable to the renewable electric cogeneration facility.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section, terms have the meanings provided in K.S.A. 79-32,245, and amendments thereto.
History:
L. 2007, ch. 113, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949d Financing for certain waste heat utilization systems at electric generation facilities.

74-8949d.
Financing for certain waste heat utilization systems at electric generation facilities.
(a) For the purpose of financing the construction, purchase and installation of a waste heat utilization system at an electric generation facility, the Kansas development finance authority is hereby authorized to issue revenue bonds pursuant to the Kansas development finance authority act, K.S.A. 74-8901 et seq., and amendments thereto, in amounts sufficient to pay the costs of such construction, including any required interest on the bonds during construction and installation, plus all amounts required for the costs of bond issuance, costs of credit enhancement or other financial contracts, capitalized interest and any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues pledged to the Kansas development finance authority for such purpose, which may include revenues derived from sales of electricity generated by such generation facility.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued under this section shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
(e) As used in this section, "waste heat utilization system" means facilities and equipment for the recovery of waste heat generated in the process of generating electricity at an electric generation facility located in this state and the use of such heat to generate additional electricity or to produce fuels from renewable energy resources or technologies, as defined in K.S.A. 79-201, and amendments thereto.
History:
L. 2007, ch. 113, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8949e Financing of renewable generators used by certain community colleges.

74-8949e.
Financing of renewable generators used by certain community colleges.
(a) For the purpose of financing the construction and installation of a renewable generator to be used by a school, as defined by K.S.A. 66-1,184, and amendments thereto, for parallel generation in accordance with K.S.A. 66-1,184, and amendments thereto, the Kansas development finance authority is hereby authorized to issue revenue bonds in amounts sufficient to pay the costs of such construction and installation, including any required interest on the bonds during construction and installation, plus all amounts required for costs of the bond issuance and for any required reserves on the bonds. The bonds, and interest thereon, issued pursuant to this section shall be payable from revenues derived from sales of electricity generated by the renewable generator pursuant to K.S.A. 66-1,184, and amendments thereto, or from any other revenues available to be pledged by the Kansas development finance authority for such purpose.
(b) The provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, shall not prohibit the issuance of bonds by the Kansas development finance authority for the purposes of this section and any such issuance of bonds is exempt from the provisions of subsection (a) of K.S.A. 74-8905, and amendments thereto, which would operate to preclude such issuance.
(c) Revenue bonds, including refunding revenue bonds, issued hereunder shall not constitute an indebtedness of the state of Kansas, nor shall they constitute indebtedness within the meaning of any constitutional or statutory provision limiting the incurring of indebtedness.
(d) Revenue bonds, including refunding revenue bonds, issued hereunder and the income derived therefrom are and shall be exempt from all state, county and municipal taxation in the state of Kansas, except Kansas estate taxes.
History:
L. 2007, ch. 180, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8950 Division of housing established; director, appointment.

74-8950.
Division of housing established; director, appointment.
There is hereby established within the Kansas development finance authority, a division of housing to be organized and administered by the Kansas development finance authority. The head of the division shall be the director of housing, who shall be appointed by and serve at the pleasure of the president of the Kansas development finance authority. The director of housing shall administer the division of housing.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8951 Same; division of housing of department of commerce and housing and undersecretary for housing abolished; powers, duties and functions transferred.

74-8951.
Same; division of housing of department of commerce and housing and undersecretary for housing abolished; powers, duties and functions transferred.
(a) The division of housing within the department of commerce and housing and the undersecretary for housing within the department of commerce and housing created by K.S.A. 74-5002g, and amendments thereto, are hereby abolished. On the effective date of this order, the department of commerce and housing is hereby renamed the department of commerce, and the secretary of commerce and housing is hereby renamed the secretary of commerce.
(b) Except as otherwise provided by this order, all of the powers, duties and functions of the existing division of housing within the department of commerce and housing, and the existing undersecretary of housing within the department of commerce and housing, are hereby transferred to and imposed upon the division of housing within the Kansas development finance authority and the director of housing established by this order.
(c) Except as otherwise provided by this order, all of the powers, duties and functions of the department of commerce and housing and the secretary of commerce and housing that relate to housing and housing-related purposes are hereby transferred to and imposed upon the Kansas development finance authority and the president of the Kansas development finance authority.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8953 Same; transfer of funds or accounts appropriated for department; accrued compensation of transferred officers and employees; separate records and accounts to be maintained for division.

74-8953.
Same; transfer of funds or accounts appropriated for department; accrued compensation of transferred officers and employees; separate records and accounts to be maintained for division.
(a) On the effective date of this order, the balances of all funds or accounts thereof appropriated or reappropriated for the department of commerce and housing relating to the powers and duties and functions transferred by this order are hereby transferred within the state treasury to the division of housing within the Kansas development finance authority and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this order, liability for all accrued compensation or salaries of officers and employees who are transferred to the Kansas development finance authority under this order shall be assumed and paid by the division of housing within the Kansas development finance authority.
(c) The Kansas development finance authority shall keep separate records and accounts for the division of finance and the division of housing within the Kansas development finance authority. All expenses of the division of finance incurred in the performance of its duties and conducting its finance programs shall be payable from funds generated by or designated for the division of finance, and all expenses of the division of housing incurred in the performance of its duties and conducting its housing programs shall be payable from funds generated by or designated for the division of housing, including state appropriations. This system of separate records and accounts shall be in effect for such period as the Kansas development finance authority deems necessary and appropriate, and may also be subject to modification as the Kansas development finance authority deems necessary and appropriate.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8954 Resolution of conflicts concerning disposition of property, powers, duties, functions, appropriations, personnel or records.

74-8954.
Resolution of conflicts concerning disposition of property, powers, duties, functions, appropriations, personnel or records.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The Kansas development finance authority shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the Kansas development finance authority. Any conflict as to the proper disposition of property, personnel or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8955 Rights preserved in legal actions and proceedings.

74-8955.
Rights preserved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected. The state shall remain the party in interest in any such action.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order, and the state shall remain the party in interest in any such action.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 6; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8956 Same; transfer of officers and employees; rights and benefits preserved.

74-8956.
Same; transfer of officers and employees; rights and benefits preserved.
(a) All officers and employees of the division of housing within the department of commerce and housing who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties and functions transferred by this order are hereby transferred to and become employees of the Kansas development finance authority. All classified employees so transferred shall retain their status as classified employees. Thereafter, the Kansas development finance authority may convert vacant classified positions to positions that are not classified.
(b) Officers and employees of the division of housing of the department of commerce and housing transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs and abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed prior to the date of transfer by the division of housing within the department of commerce and housing.
History: Executive Reorganization Order No. 30, L. 2003, ch. 171, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8957 Division of housing; establishment and administration; director of housing; powers and duties; state housing plan; annual report to governor and legislature.

74-8957.
Division of housing; establishment and administration; director of housing; powers and duties; state housing plan; annual report to governor and legislature.
(a) On and after July 1, 2003, there is hereby established within the Kansas development finance authority a division of housing the head of which shall be the director of housing. Under the supervision of the president of the Kansas development finance authority, the director of housing shall administer the division of housing.
(b) Subject to and in accordance with the provisions of K.S.A. 74-8901 et seq., and amendments thereto, the division of housing is hereby authorized and empowered to:
(1) Prepare, from time to time amend, and administer the state housing plan in accordance with criteria of the federal department of housing and urban development;
(2) serve as a clearinghouse and single point of contact for the state regarding information, programs, and resources related to affordable and accessible housing;
(3) provide access and management of federal housing programs for delivery to the citizens and businesses of Kansas;
(4) work with existing agencies, organizations, and social programs to assist in the development of affordable and accessible housing; and
(5) exercise such other powers and perform such other duties as may be prescribed by law.
(c) The division of housing shall prepare and submit to the governor and the legislature an annual report regarding administration of the state housing plan.
History:
L. 1990, ch. 327, § 3; L. 2003, ch. 154, § 35; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8958 Official state agency for purposes of federal acts and programs.

74-8958.
Official state agency for purposes of federal acts and programs.
Whenever the designation of a state agency is required by any federal act or program under which federal financial assistance is made available for housing or housing related purposes, the division of housing in the Kansas development finance authority shall serve as the officially designated state agency of Kansas and such division shall be responsible for exercising the powers and performing the functions and duties required of state agencies under such federal acts and programs.
History:
L. 1990, ch. 327, § 2; L. 2003, ch. 154, § 36; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 89 - Development Finance Authority › 74-8959 State housing trust fund; use of moneys; administration; application for and receipt and disposition of public or private grants for housing programs; transfer of moneys to fund for interest attributable therefor.

74-8959.
State housing trust fund; use of moneys; administration; application for and receipt and disposition of public or private grants for housing programs; transfer of moneys to fund for interest attributable therefor.
(a) There is hereby established in the state treasury the state housing trust fund. All moneys credited to the state housing trust fund shall be used for the purposes of housing programs and services including, but not limited to, the provision of financial programs for the repair, rehabilitation and improvement of existing residential housing, accessibility modifications, rental subsidies, the provision of housing services and assistance to persons having low or moderate income and disabled persons and costs and expenditures incurred in implementing K.S.A. 58-4217 through 58-4224, and amendments thereto, of the Kansas manufactured housing act.
(b) The state housing trust fund shall be administered by the division of housing in the Kansas development finance authority.
(c) The division of housing and the Kansas development finance authority are hereby authorized to apply for and receive available public or private grants, gifts and donations for the purposes of housing programs and services. All such grants, gifts and donations shall be remitted to the division of housing in the Kansas development finance authority.
(d) On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the state housing trust fund interest earnings based on:
(1) The average daily balance of moneys in the state housing trust fund for the preceding month; and
(2) the net earnings rate for the pooled money investment portfolio for the preceding month.
History:
L. 1991, ch. 253, § 1; L. 1993, ch. 207, § 12; L. 1996, ch. 253, § 24; L. 2001, ch. 5, § 325; L. 2003, ch. 154, § 37; L. 2005, ch. 109, § 13; April 21.