66-1280. New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions. - Kansas Statutes

66-1280

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

      66-1280.   New coal-fired electricity generatingfacility; purchase of Kansas coal required; exceptions.(a) Any new coal-fired electricity generating facility inKansas, construction ofwhich commences on or after the effective date of this act, shall purchaseKansas coal for atleast 5% of its coalrequirements. For the purposes of this section, "Kansas coal"shall have themeaning ascribed thereto in K.S.A. 2009 Supp. 79-32,228, and amendmentsthereto.

      (b)   The provisions of this section shall apply if the cost of the Kansascoal, including costs of transportation and handling at the newcoal-fired electricity generating facility, is:

      (1)   Competitive to the cost of the out-of-state coal supply the owner oroperator of the new coal-fired electricity generating facility is using to meetits 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 electricitygenerating facility.

      This section shall not apply if the use or purchase of Kansas coal will resultin the owneror operator of the new coal-fired electricity generating facility violating itsair permit or acontractual obligation to which the owner or operator is subject.

      History:   L. 2009, ch. 141, § 31; May 28.