KANSAS STATUTES AND CODES

66-104e. Jurisdiction over certain water or natural gas public utilities otherwise subject to city regulation.

66-104e

Chapter 66.--PUBLIC UTILITIES Article 1.--POWERS OF STATE CORPORATION COMMISSION

66-104e. Jurisdiction over certain water or naturalgas public utilities otherwisesubject to city regulation.(a) Any city by ordinance may relinquish to the statecorporationcommission the city's power and authority under K.S.A. 66-104, andamendmentsthereto, to control and regulate any privately owned and operatednatural gas or water publicutilities situated and operatedwholly or principally within the city or principally operated for the benefitof the city or its people.Subsequently the city by ordinance may reassert the city's power and authorityunder K.S.A. 66-104, and amendments thereto, to control andregulate suchutility.

(b) Within five business days after adoption of any ordinance described insubsection (a):

(1) The city clerk shall forward a certified copy of the ordinance tothe state corporation commission; and

(2) if the ordinance relinquishes jurisdiction of a privately owned andoperated natural gas or water public utility,such utility shall file with the commission an application for a certificate ofconvenience and necessity.

(c) Upon receipt of an ordinance relinquishing jurisdiction of a naturalgas or waterpublic utility pursuant to this section, the commission shallassume jurisdiction and control of the privately owned and operated naturalgas or waterpublic utility as provided by law for other natural gas or water publicutilities under thejurisdiction of the commission.The commission shall maintain such jurisdiction and control until the citysubsequently adopts and files with the commission an ordinance reasserting thecity's power and authority pursuant to K.S.A. 66-104, and amendments thereto.

(d) A city shall not adopt any ordinance described in subsection (a) moreoften than once every two years.

History: L. 1997, ch. 84, § 2;L. 2009, ch. 74, § 2; July 1.