2009 Kansas Code
Chapter 66 PUBLIC UTILITIES
Article 12 MISCELLANEOUS PROVISIONS
66-1280. New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions.

66-1280

Chapter 66.--PUBLIC UTILITIES Article 12.--MISCELLANEOUS PROVISIONS

      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. 2009 Supp. 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.