SENATE BILL No. 455
AN ACT concerning electric public utilities; relating to eminent domain; prohibiting public
utilities from exercising eminent domain for the siting or placement of solar powered
generation facilities; amending K.S.A. 2023 Supp. 66-104 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 66-104 is hereby amended to read as
follows: 66-104. (a) The term "public utility," As used in this act, shall
be construed to mean "public utility" means every corporation,
company, individual, association of persons, their trustees, lessees or
receivers, that now or hereafter may own, control, operate or manage,
except for private use, any equipment, plant or generating machinery,
or any part thereof, for the transmission of telephone messages or for
the transmission of telegraph messages in or through any part of the
state, or the conveyance of oil and gas through pipelines in or through
any part of the state, except pipelines less than 15 miles in length and
not operated in connection with or for the general commercial supply of
gas or oil, and all companies for the production, transmission, delivery
or furnishing of heat, light, water or power. No cooperative,
cooperative society, nonprofit or mutual corporation or association that
is engaged solely in furnishing telephone service to subscribers from
one telephone line without owning or operating its own separate central
office facilities, shall be subject to the jurisdiction and control of the
commission as provided in this section, except that it shall not construct
or extend its facilities across or beyond the territorial boundaries of any
telephone company or cooperative without first obtaining approval of
the commission. The term "Transmission of telephone messages" shall
include includes the transmission by wire or other means of any voice,
data, signals or facsimile communications, including all such
communications now in existence or as may be developed in the future.
(b) The term "Public utility" shall also include includes that
portion of every municipally owned or operated electric or gas utility
located in an area outside of and more than three miles from the
corporate limits of such municipality, but regulation of the rates,
charges and, terms and conditions of service of such utility within such
area shall be subject to commission regulation only as provided in
K.S.A. 66-104f, and amendments thereto. Nothing in this act shall
apply to a municipally owned or operated utility, or portion thereof,
located within the corporate limits of such municipality or located
outside of such corporate limits but within three miles thereof.
(c) Except as provided in this section, the power and authority to
control and regulate all public utilities and common carriers situated
and operated wholly or principally within any city or principally
operated for the benefit of such city or its people, shall be vested
exclusively in such city, subject only to the right to apply for relief to
the corporation commission as provided in K.S.A. 66-133, and
amendments thereto, and to the provisions of K.S.A. 66-104e, and
amendments thereto. A transit system principally engaged in rendering
local transportation service in and between contiguous cities in this and
another state by means of street railway, trolley bus and motor bus
lines, or any combination thereof, shall be deemed to be a public utility
as that term is used in this act and shall be subject to the jurisdiction of
the commission.
(d) The term "Public utility" shall does not include any activity of
an otherwise jurisdictional corporation, company, individual,
association of persons, their trustees, lessees or receivers as to the
marketing or sale of:
(1) Compressed natural gas for end use as motor vehicle fuel; or
(2) electricity that is purchased through a retail electric supplier in
the certified territory of such retail electric supplier, as such terms are SENATE BILL No. 455—page 2
defined in K.S.A. 66-1,170, and amendments thereto, for the sole
purpose of the provision of electric vehicle charging service to end
users.
(e) (1) Except as provided in paragraph (2), at the option of an
otherwise jurisdictional entity, the term "public utility" shall does not
include any activity or facility of such entity as to the generation,
marketing and sale of electricity generated by an electric generation
facility or addition to an electric generation facility that:
(A) Is newly constructed and placed in service on or after January
1, 2001; and
(B) is not in the rate base of:
(i) An electric public utility that is subject to rate regulation by the
state corporation commission;
(ii) any cooperative, as defined by K.S.A. 17-4603, and
amendments thereto, or any nonstock member-owned cooperative
corporation incorporated in this state; or
(iii) a municipally owned or operated electric utility.
(2) The provisions of this subsection shall not be construed to
affect the authority of the state corporation commission to regulate any
activity or facility of an otherwise jurisdictional entity with regard to
wire stringing pursuant to K.S.A. 66-183 et seq., and amendments
thereto.
(f) Additional generating capacity achieved through efficiency
gains by refurbishing or replacing existing equipment at generating
facilities placed in service before January 1, 2001, shall not qualify
under subsection (e).
(g) For purposes of the authority to appropriate property through
eminent domain, the term "public utility" shall does not include any
activity for the siting or placement of:
(1) Wind powered electrical generators or turbines, including the
towers; or
(2) solar powered electric generation equipment, including
panels.
Sec. 2. K.S.A. 2023 Supp. 66-104 is hereby repealed. SENATE BILL No. 455—page 3
Sec. 3. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
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SENATE adopted
Conference Committee Report ________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE
as amended _________________________
HOUSE adopted
Conference Committee Report ________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED _____________________________
_________________________
Governor.