KS
Kansas House Bill HB2149

Kansas 2025-2026 Regular Session

Kansas House Bill HB2149 Compare Versions

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1-Substitute for HOUSE BILL No. 2149
2-AN ACT concerning distributed energy resources; requiring distributed energy system
3-retailers to disclose certain information to customers who will construct, install and
4-operate a distributed energy system; requiring the attorney general to convene an
5-advisory group to establish a standard form for such disclosures and requiring
6-publication thereof; requiring electric public utilities to disclose certain information
7-to distributed energy retailers; providing criteria to determine appropriate system size
8-for a customer's distributed energy system that is subject to parallel generation;
9-establishing requirements for interconnection and operation of a distributed energy
10-system; increasing the total capacity limitation for an electric public utility's
11-provision of parallel generation service; establishing powers and limitations relating
12-thereto; establishing notification requirements for when a system is no longer
13-producing energy or the customer seeks to repair or rebuild a distributed energy
14-system; amending K.S.A. 66-1,184 and 66-1268 and repealing the existing sections.
1+Session of 2025
2+HOUSE BILL No. 2149
3+By Committee on Energy, Utilities and Telecommunications
4+Requested by Jessica Lucas on behalf of the Clean Energy Business Council
5+1-29
6+AN ACT concerning distributed energy resources; requiring distributed
7+energy system retailers to disclose certain information to customers
8+who will finance a distributed energy system; requiring electric public
9+utilities to disclose certain information to distributed energy retailers;
10+relating to parallel generation and net metering; providing criteria to
11+determine appropriate system size for a customer's renewable energy
12+system subject to parallel generation; establishing requirements for
13+interconnection and operation of a renewable energy system subject to
14+parallel generation; increasing the total capacity limitation for an
15+electric public utility's provision of parallel generation service;
16+establishing powers and limitations relating thereto; establishing
17+notification requirements for when a system is no longer producing
18+energy or the customer seeks to repair or rebuild a facility; amending
19+K.S.A. 66-1,184 and 66-1268 and repealing the existing sections.
1520 Be it enacted by the Legislature of the State of Kansas:
16-New Section 1. (a) As used in sections 1 through 3, and
17-amendments thereto:
18-(1) "Distributed energy customer" means a property owner of a
19-single-family dwelling or multifamily dwelling of two units or fewer
20-and who is offered a contract from a distributed energy retailer for the
21-construction, installation or operation of a distributed energy system
22-that is primarily intended to offset the energy consumption of such
23-single family or multifamily dwelling.
24-(2) "Distributed energy retailer" means any person or entity that
25-sells, markets, solicits, advertises, finances, installs or otherwise makes
26-available for purchase a distributed energy system in the state of
27-Kansas.
21+New Section 1. (a) As used in this section:
22+(1) "Distributed energy customer" means a property owner or
23+leaseholder who is offered a contract from a distributed energy retailer for
24+the construction, installation or operation of a financed distributed energy
25+system.
26+(2) "Distributed energy retailer" means any person or entity that sells,
27+markets, solicits, advertises or otherwise makes available for purchase a
28+distributed energy system in the state of Kansas.
2829 (3) "Distributed energy system" means any device or assembly of
29-devices and supporting facilities that is capable of feeding excess
30-electrical power generated by a customer's energy producing system
31-into the utility's system, such that all energy output and all other
32-services will be fully consumed by the distributed energy customer or
33-the utility, and that is or will be subject to an agreement under K.S.A.
34-66-1,184, 66-1263 et seq., and amendments thereto, or a net metering
35-tariff that was voluntarily established by a utility.
36-(4) "Permission to operate" means the same as defined in K.S.A.
37-66-1,184, and amendments thereto.
38-(5) "Utility" means an electric public utility, as defined by K.S.A.
39-66-101a, and amendments thereto, any cooperative, as defined by
40-K.S.A. 17-4603, and amendments thereto, an electric utility owned by
41-one or more such cooperatives, a nonstock member-owned electric
42-cooperative corporation incorporated in this state or a municipally
43-owned or operated electric utility.
44-(b) No person or entity required to be registered with the secretary
45-of state pursuant to the business entity standard treatment act, K.S.A.
46-17-1901 et seq., and amendments thereto, shall engage in the business
47-or act in the capacity of a distributed energy retailer within this state
48-unless such person or entity is registered with the secretary of state, in
49-good standing and authorized to conduct business in the state.
50-(c) Prior to entering into a contract with a distributed energy
51-customer for a distributed energy system, a distributed energy retailer
52-shall provide such customer a separate disclosure document that:
53-(1) Is written in at least 10-point font;
54-(2) is written in the language that the distributed energy retailer
55-used to speak to the distributed energy customer during the sales
56-process or the language requested by such customer;
30+devices and supporting facilities that converts, stores or otherwise
31+manages electricity and that is or will be subject to an agreement under
32+K.S.A. 66-1,184 or 66-1283 et seq., and amendments thereto, including,
33+but not limited to, any device or assembly of devices that is a renewable
34+energy resource as defined in K.S.A. 66-1257, and amendments thereto,
35+energy charging system, energy storage system or energy management
36+system.
37+(4) "Financed distributed energy system" means a distributed energy
38+system that is financed through a loan, lease, power purchase agreement or
39+other financing agreement that is coordinated by the distributed energy
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75+retailer and obligates a distributed energy customer to make one or more
76+recurring payments pursuant to such financing arrangement 31 or more
77+days after the date the utility grants permission to operate.
78+(5) "Permission to operate" means the same as defined in K.S.A. 66-
79+1,184, and amendments thereto.
80+(6) "Utility" means an electric public utility, as defined by K.S.A. 66-
81+101a, and amendments thereto, any cooperative, as defined by K.S.A. 17-
82+4603, and amendments thereto, a nonstock member-owned electric
83+cooperative corporation incorporated in this state or a municipally owned
84+or operated electric utility.
85+(b) Prior to entering into a contract with a distributed energy
86+customer for a financed distributed energy system, a distributed energy
87+retailer shall provide such customer a separate disclosure document that:
88+(1) Is written in at least 10-point type;
89+(2) is written in the language that the distributed energy retailer used
90+to speak to the distributed energy customer during the sales process or the
91+language requested by such customer;
5792 (3) includes a description of the make and model of the distributed
58-energy system's major components and the expected useful life of the
59-distributed energy system;
93+energy system's major components;
6094 (4) includes a guarantee concerning the quantity of energy that the
6195 distributed energy system will generate on a measurable interval and a
62-remedy if such system does not comply with such guarantee within one Substitute for HOUSE BILL No. 2149—page 2
96+remedy if such system does not comply with such guarantee within one
6397 year following the date the system received permission to operate;
64-(5) does not contain blank spaces that may be subsequently filled
65-in with terms or conditions that materially affect the timing, value or
66-obligation of the contract unless such terms and conditions are
67-separately acknowledged in writing by the distributed energy customer;
68-(6) includes, in bold font and highlighted type, the total aggregate
69-cost to the distributed energy customer that will be incurred over the
70-entirety of the contract. Such total aggregate cost shall be separately
71-acknowledged in writing by the distributed energy customer;
72-(7) includes a description of the ownership and transferability of
73-any tax credits, rebates, incentives or renewable energy certificates in
74-connection with the distributed energy system;
75-(8) includes the name and certification number of the individual
76-certified by the north American board of certified energy practitioners
77-who will oversee the permitting and installation of the distributed
78-energy system or the name and license number of the master electrician
79-or electrical contractor who will oversee the permitting and installation
80-of the distributed energy system;
81-(9) provides a description of the process and all associated fees for
98+(5) does not contains blank spaces that may be subsequently filled in
99+with terms or conditions that materially affect the timing, value or
100+obligation of the contract unless such terms and conditions are separately
101+acknowledged by the distributed energy customer;
102+(6) includes, in bold and highlighted type, the total aggregate cost to
103+the distributed energy customer that will be incurred over the entirety of
104+the contract. Such total aggregate cost shall be separately acknowledged
105+by the distributed energy customer;
106+(7) includes a description of the ownership and transferability of any
107+tax credits, rebates, incentives or renewable energy certificates in
108+connection with the financed distributed energy system;
109+(8) includes the name and certification number of an individual
110+certified by the north American board of certified energy practitioners who
111+will oversee the financed distributed energy system or the name and
112+license number of the master electrician or electrical contractor who will
113+oversee the permitting and installation of the financed distributed energy
114+system;
115+(9) provides a description of the process and any associated fees for
82116 transferring any financing, warranty or other agreements relating to the
83-distributed energy system to a new owner;
84-(10) includes the name, phone number, email and mailing address
85-of the person or entity that the distributed energy customer may contact
86-for questions regarding performance, maintenance or repair of the
87-distributed energy system;
88-(11) includes a description of the assumptions used for any
89-savings estimates that were provided to the distributed energy customer
90-and provides a description of the applicable utility billing structure that
91-pertains to the distributed energy system. Such descriptions and
92-assumptions shall include the same provisions as outlined in the
93-standard form published by the attorney general pursuant to section 3,
94-and amendments thereto;
117+financed distributed energy system to a new owner;
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161+(10) includes the name, phone number, email and mailing address of
162+the person or entity that the distributed customer may contact for questions
163+regarding performance, maintenance or repair of the financed distributed
164+energy system;
165+(11) includes a description of the assumptions used for any savings
166+estimates that were provided to the distributed energy customer and a
167+description of the applicable utility billing structure that pertains to the
168+financed distributed energy system;
95169 (12) includes a statement that the distributed energy retailer shall
96170 provide the distributed energy customer proof that, within 30 days of
97171 completion of installation:
98-(A) All permits required for the installation of the distributed
99-energy system were obtained prior to installation, if applicable;
100-(B) the distributed energy system was inspected and approved by
101-a qualified individual pursuant to the requirements of any local
102-municipal ordinance or county resolution;
172+(A) All permits required for the installation of the financed
173+distributed energy system were obtained prior to installation;
174+(B) the financed distributed energy system was inspected and
175+approved by a qualified individual pursuant to the requirements of any
176+local municipal ordinance or county resolution;
103177 (C) the necessary interconnection applications and documentation
104178 were submitted to and approved by the affected utility; and
105-(D) the distributed energy system received permission to operate;
106-(13) includes a statement that any recurring payments for a
107-distributed energy system shall pause and not be due if such system
108-does not receive permission to operate within 90 days of the date that
109-the first recurring payment is due. Such recurring payments may
110-resume at the time that such system receives permission to operate. Any
111-payments due during any such pause shall either be forgiven or added
112-to the end of the financing term and shall not incur any penalties for
113-nonpayment during such term;
179+(D) the financed distributed energy system received permission to
180+operate;
181+(13) includes a statement that any recurring payments for a financed
182+distributed energy system shall pause and not be due if such system does
183+not receive permission to operate within 90 days of the date that the first
184+recurring payment is due. Such recurring payments may resume at the time
185+that such system receives permission to operate. Any payments due during
186+any such pause shall either be forgiven or added to the end of the financing
187+term and shall not incur any penalties for nonpayment during such term;
114188 (14) includes a statement describing any rate escalation, balloon
115189 payment or potential reconfiguration of payment structure;
116190 (15) includes a statement as to whether operations or maintenance
117-services are included as part of the original contract price and whether
118-the costs to remove, reinstall and repair the distributed energy system
119-are included as part of the original contract price should the distributed
120-energy system need to be removed, reinstalled or repaired due to
121-natural causes or due to any exterior repair, replacement, construction
122-or reconstruction work on the premises;
191+services are included as part of the original contract price;
123192 (16) includes a statement describing the expected start and
124-completion dates for the installation of the distributed energy system;
193+completion dates for the installation of the financed distributed energy
194+system;
125195 (17) includes a statement indicating whether any warranty or
126-maintenance obligations related to the distributed energy system may Substitute for HOUSE BILL No. 2149—page 3
127-be transferred by the distributed energy retailer to a third party and, if
196+maintenance obligations related to the financed distributed energy system
197+may be transferred by the distributed energy retailer to a third party and, if
128198 so, a statement that provides: "The maintenance and repair obligations
129-under your contract may be assigned or transferred without your
130-consent to a third party who, if required pursuant to state law, shall be
131-registered with the secretary of state, in good standing and authorized
132-to conduct business in the state and bound to all the terms of the
133-contract. If a transfer occurs, you will be notified in writing of any
134-change to the name, mailing address, email or phone number to use for
135-questions and payments or to request system maintenance or repair";
199+under your contract may be assigned or transferred without your consent to
200+a third party who will be bound to all the terms of the contract. If a transfer
201+occurs, you will be notified in writing of any change to the name, mailing
202+address, email or phone number to use for questions and payments or to
203+request system maintenance or repair";
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136247 (18) includes a statement indicating whether the distributed energy
137-retailer shall place a lien, notice or other filing on or against real
138-property as a result of the contract;
139-(19) includes a statement, in bold font and highlighted type,
140-indicating whether the distributed energy retailer will impose any fees
141-or other costs upon the distributed energy customer. If any such fees or
142-other costs will be charged to the distributed energy customer, the
143-aggregate total of such fees and other costs shall be provided and
144-separately acknowledged in writing by the distributed energy customer;
145-(20) includes a statement in capital letters and bold font and
146-highlighted type that states: "[name of distributed energy retailer] is not
147-affiliated with any utility company or governmental agency and shall
148-not claim any such affiliation"; and
248+retailer will place a lien, notice or other filing on or against real property as
249+a result of the contract;
250+(19) includes a statement, in bold and highlighted type, indicating
251+whether the distributed energy retailer will impose any fees or other costs
252+upon the distributed energy customer. If any such fees or other costs will
253+be charged to the distributed energy customer, the aggregate total of such
254+fees and other costs shall be provided and separately acknowledged by the
255+distributed energy customer;
256+(20) includes a statement in capital letters and bold and highlighted
257+type that states: "[name of distributed energy retailer] is not affiliated with
258+any utility company or governmental agency and shall not claim any such
259+affiliation"; and
149260 (21) may include any additional information that the distributed
150-energy retailer considers appropriate, only if such additional
151-information is not intended to conceal or obscure the disclosures
152-required pursuant to this section.
153-(d) The disclosure statement required pursuant to this section shall
154-be signed and dated by the distributed energy customer at least one
155-calendar day after the date that the contract for the distributed energy
261+energy retailer considers appropriate, only if such additional information is
262+not intended to conceal or obscure the disclosures required pursuant to this
263+section.
264+(c) The disclosure statement required pursuant to this section shall be
265+signed and dated by the distributed energy customer at least one calendar
266+day after the date that the contract for the financed distributed energy
156267 system was executed.
157-(e) (1) Any person or entity that violates the provisions of
158-subsection (b) or any distributed energy retailer that fails to provide and
159-perform the disclosures in the form and manner required pursuant to
160-this section or that makes a materially misleading statement as a part of
161-or when presenting such disclosures shall be liable for a civil penalty in
162-an amount not to exceed $10,000 for each such violation. Such violator
163-shall be liable to the aggrieved person or distributed energy customer,
164-or to the state, for the payment of such civil penalty. Such civil penalty
165-shall be recoverable in an action brought by the aggrieved person or
166-customer or the attorney general, county attorney or district attorney.
167-Any such civil penalty shall be in addition to any other relief that may
168-be granted pursuant to any other remedy available in law or equity.
169-(2) If a distributed energy retailer fails to comply with this section,
268+(d) If a distributed energy retailer fails to comply with this section,
170269 any contract entered into between the distributed energy retailer and the
171-distributed energy customer that pertains to the distributed energy
270+distributed energy customer that pertains to the financed distributed energy
172271 system shall be deemed null and void.
173-(f) This section shall not apply to a transaction of real property on
174-which a distributed energy system is already located.
175-(g) The provisions of this section shall take effect and be in force
176-from and after July 1, 2025.
177-New Sec. 2. (a) To allow a distributed energy retailer to provide
178-informed and accurate information to a distributed energy customer
179-pursuant to section 1, and amendments thereto, upon request of any
180-distributed energy retailer, a utility shall disclose all applications, rules,
181-service standards, forms or other documents required for
182-interconnection of a distributed energy system pursuant to K.S.A. 66-
183-1,184 or 66-1263 et seq., and amendments thereto, or a net metering
184-tariff that was voluntarily established by a utility, including the utility's
185-historic amount of compensation per kilowatt hour for interconnected
186-systems and the current compensation amount for such systems. Such
187-historic amount of compensation shall be provided in a dollar amount
188-and shown on a monthly or similar billing period basis for not less than
189-the preceding five years.
190-(b) The provisions of this section shall take effect and be in force Substitute for HOUSE BILL No. 2149—page 4
191-from and after July 1, 2025.
192-New Sec. 3. (a) The attorney general shall appoint and convene an
193-advisory group to collectively develop, approve and periodically revise
194-a standard form that may be used by distributed energy retailers to
195-perform and provide the the disclosures required pursuant to section 1,
196-and amendments thereto. Such advisory group shall consist of the
197-attorney general or the attorney general's designee, representatives from
198-interested groups, including representatives of distributed energy
199-retailers and utilities, one or more members of the general public who
200-owns residential real property in this state, one or more assistant
201-attorneys general and any other members that the attorney general
202-considers necessary or appropriate.
203-(b) On or before July 1, 2025, the attorney general shall publish on
204-the attorney general's website the most current version of the standard
205-form that is developed and approved by the advisory group pursuant to
206-this section.
207-Sec. 4. K.S.A. 66-1,184 is hereby amended to read as follows: 66-
272+(e) This section shall not apply to a transaction of real property on
273+which a distributed energy system is located.
274+(f) To allow a distributed energy retailer to provide informed and
275+accurate information to a distributed energy customer pursuant to this
276+section, upon request of any distributed energy retailer, a utility shall
277+disclose all applications, rules, service standards, forms or other
278+documents required for interconnection of a distributed energy system
279+pursuant to K.S.A. 66-1,184 or 66-1283 et seq., and amendments thereto,
280+including the utility's historic amount of compensation per kilowatt hour
281+for interconnected systems and the current compensation amount for such
282+systems. Such historic amount of compensation shall be provided in a
283+dollar amount and shown on a monthly or similar billing period basis for
284+not less than the preceding five years. A utility may also disclose such
285+information on the utility's website.
286+Sec. 2. K.S.A. 66-1,184 is hereby amended to read as follows: 66-
208287 1,184. (a) As used in this section:
209-(1) "Avoided cost" means the incremental cost to a utility of
210-electric energy that such utility would generate itself or purchase from
211-another source and as such term is interpreted by the federal energy
212-regulatory commission from time to time.
213-(2) "Distributed energy system" means any device or assembly of
214-devices and supporting facilities that are capable of feeding excess
215-electric power generated by a customer's energy producing system into
216-the utility's system, such that all energy output and all other services
217-will be fully consumed by the customer or the utility.
218-(3) "Export" means power that flows from a customer's electrical
288+(1) "Export" means power that flows from a customer's electrical
219289 system through such customer's billing meter and onto the utility's
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220333 electricity lines. "Export" includes the sum of power on all phase
221334 conductors.
222-(4) "Interconnected" means a listed system that is designed to
223-export power and attached or connected on the customer's side of the
224-retail meter at the customer's delivery point.
225-(5) "Listed" means that the device or equipment has been tested
226-and certified to meet the institute of electrical and electronics
227-engineers safety standards that specifically pertain to the intended
228-function of the device or equipment.
229-(6) "Locational marginal price" means the hourly average market
335+(2) "Interconnected" means a listed system or apparatus that is
336+designed to export power and attached or connected on the customer's
337+side of the retail meter at the customer's delivery point.
338+(3) "Limited export" means an export in an amount that differs from
339+the nameplate rating or production capacity of the customer's energy
340+producing system. "Limited export" includes the sum of power on all
341+phase conductors.
342+(4) "Listed" means that the device or equipment has been tested and
343+certified to meet underwriters laboratories safety standards that
344+specifically pertain to the intended function of the device or equipment.
345+(5) "Locational marginal price" means the hourly average market
230346 price of alternating current energy per kilowatt hour established by the
231-applicable locational marginal price pricing node of the southwest
232-power pool.
233-(7) "Monthly system average cost of energy per kilowatt hour"
234-means the sum of all volumetric costs incurred by an electric utility
235-during a calendar month or similar billing period as billed to the utility
236-by generation and transmission providers and any volumetric
237-generation costs incurred by the utility to generate energy divided by
238-the total amount of retail kilowatt-hours that the utility sold in such
239-month or billing period.
240-(8) "Permission to operate" means the operational date of the
241-customer's distributed energy system as determined by the utility.
242-(9) "Utility" means any electric public utility as defined in K.S.A.
243-66-101a, and amendments thereto, cooperative as defined in K.S.A. 17-
244-4603, and amendments thereto, electric utility owned by one or more
245-such cooperatives, nonstock member-owned electric cooperative
246-corporation incorporated in this state or municipally owned or
247-operated electric utility.
248-(10) "Witness test" means an authorized representative of the
249-electric utility who measures or verifies a specific setting or
250-operational condition.
347+applicable locational marginal price pricing node of the southwest power
348+pool or $.01 per kilowatt hour alternating current, whichever amount is
349+higher.
350+(6) "Monthly system average cost of energy per kilowatt hour" means
351+the sum of all volumetric costs incurred by an electric utility during a
352+calendar month or similar billing period as billed to the utility by
353+generation and transmission providers and any volumetric generation
354+costs incurred by the utility to generate energy divided by the total amount
355+of retail kilowatt-hours that the utility sold in such month or billing period.
356+(7) "Permission to operate" means the operational date of the
357+customer's renewable energy system as determined by the utility.
358+(8) "Utility" means any electric public utility as defined in K.S.A. 66-
359+101a, and amendments thereto, or municipally owned or operated electric
360+utility that provides retail electric service in this state. "Utility" includes
361+any cooperative as defined in K.S.A. 66-104d, and amendments thereto.
362+(9) "Witness test" means a representative of the electric utility who
363+measures or verifies a specific setting or operational condition.
251364 (b) Except as provided in subsection (b), Except as otherwise
252-provided in this section, every public utility which provides retail
253-electric services in this state that provides retail electric service in this
254-state shall enter into a contract for parallel generation service with any Substitute for HOUSE BILL No. 2149—page 5
255-person who is a customer of in good standing with such utility, upon
256-request of such customer, whereby that authorizes such customer may
257-to attach or connect to the utility's delivery and metering system an
258-apparatus or a listed device for the purpose of feeding exporting excess
259-electrical power which is generated by such customer's distributed
260-energy producing system into to the utility's system. No such apparatus
261-or device shall either cause damage to the public utility's system or
365+provided in this section, every public utility which provides retail electric
366+services in this state shall enter into a contract for parallel generation
367+service with any person who is a customer of in good standing with such
368+utility, upon request of such customer, whereby that authorizes such
369+customer may to attach or connect to the utility's delivery and metering
370+system an apparatus or a listed device for the purpose of feeding exporting
371+excess electrical power which is generated by such customer's renewable
372+energy producing system into to the utility's system. No such apparatus or
373+device shall either cause damage to the public utility's system or
262374 equipment or present an undue hazard to utility personnel. Every such
263-contract shall include, but need not be limited to, provisions relating to
264-fair and equitable compensation on such customer's monthly bill for
265-energy supplied to the utility by such customer.
375+contract shall include, but need not be limited to, provisions relating to fair
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419+and equitable compensation on such customer's monthly bill for energy
420+supplied to the utility by such customer.
266421 (b) (1) For purposes of this subsection:
267-(A) "Utility" means an electric public utility, as defined by K.S.A.
268-66-101a, and amendments thereto, any cooperative, as defined by
269-K.S.A. 17-4603, and amendments thereto, or a nonstock member-
270-owned electric cooperative corporation incorporated in this state, or a
271-municipally owned or operated electric utility;
272-(B) "school" means Cloud county community college and Dodge
273-City community college.
422+(A) "Utility" means an electric public utility, as defined by K.S.A. 66-
423+101a, and amendments thereto, any cooperative, as defined by K.S.A. 17-
424+4603, and amendments thereto, or a nonstock member-owned electric
425+cooperative corporation incorporated in this state, or a municipally owned
426+or operated electric utility;
427+(B) "school" means Cloud county community college and Dodge City
428+community college.
274429 (2) Every utility which provides retail electric services in this state
275-shall enter into a contract for parallel generation service with any
276-person who is a customer of such utility, if such customer is a
277-residential customer of the utility and owns a renewable generator with
278-a capacity of 25 kilowatts or less, or is a commercial customer of the
279-utility and owns a renewable generator with a capacity of 200 kilowatts
280-or less or is a school and owns a renewable generator with a capacity of
281-1.5 megawatts or less. Such generator shall be appropriately sized for
282-such customer's anticipated electric load. A commercial customer who
283-uses the operation of a renewable generator in connection with
284-irrigation pumps shall not request more than 10 irrigation pumps
285-connected to renewable generators be attached or connected to the
286-utility's system. At the customer's delivery point on the customer's side
287-of the retail meter such customer may attach or connect to the utility's
288-delivery and metering system an apparatus or device for the purpose of
289-feeding excess electrical power which is generated by such customer's
290-energy producing system into the utility's system. No such apparatus or
291-device shall either cause damage to the utility's system or equipment or
292-present an undue hazard to utility personnel.
293-(c) (1) A utility may require any customer who is seeking to
294-construct and install a distributed energy system to submit an
295-application prior to any connection of the distributed energy system
296-with the utility's system, notify the utility of the proposed distributed
297-energy system and verify that such system is constructed, installed and
298-operated in accordance with all applicable standards and codes.
299-(2) Any customer that submits an application to construct, install
300-and operate a distributed energy system shall have the option to remain
301-on a retail rate tariff that is identical to the same rate class for which
302-such customer would otherwise qualify as a retail customer who is not
303-otherwise receiving service under a parallel generation service tariff
304-or net metering tariff.
305-(3) A utility shall provide written notice of receipt of any
306-application submitted pursuant to this section to the applicant within
307-30 days following such receipt. A utility shall approve or deny any such
308-application or a request for system certification pursuant to such an
309-application within 90 calendar days following receipt of such
310-application or request. If one or more additional studies are required, a
311-utility shall not be subject to such 90-day deadline but shall provide the
312-applicant with an estimated time frame for action on such application
313-and act on such application as soon as practicable after any such
314-studies are completed. If the utility denies such application or request,
315-the utility shall provide to the applicant a list of the reasons for such
316-denial and the corrective actions needed for approval.
317-(4) A utility may assess upon any customer requesting to install a
318-distributed energy system: Substitute for HOUSE BILL No. 2149—page 6
319-(A) A fair and reasonable nonrefundable interconnection
320-application fee;
321-(B) any applicable costs incurred by the utility for any study
322-conducted to verify and allow the requested export capacity to be
323-interconnected at the customer's point of delivery, including, but not
324-limited to, costs incurred as a result of the southwest power pool's
325-study processes; and
326-(C) costs associated with any related system upgrade costs,
327-devices and equipment required to be furnished by the utility for the
328-provision of accepting the requested export capacity.
430+shall enter into a contract for parallel generation service with any person
431+who is a customer of such utility, if such customer is a residential customer
432+of the utility and owns a renewable generator with a capacity of 25
433+kilowatts or less, or is a commercial customer of the utility and owns a
434+renewable generator with a capacity of 200 kilowatts or less or is a school
435+and owns a renewable generator with a capacity of 1.5 megawatts or less.
436+Such generator shall be appropriately sized for such customer's anticipated
437+electric load. A commercial customer who uses the operation of a
438+renewable generator in connection with irrigation pumps shall not request
439+more than 10 irrigation pumps connected to renewable generators be
440+attached or connected to the utility's system. At the customer's delivery
441+point on the customer's side of the retail meter such customer may attach
442+or connect to the utility's delivery and metering system an apparatus or
443+device for the purpose of feeding excess electrical power which is
444+generated by such customer's energy producing system into the utility's
445+system. No such apparatus or device shall either cause damage to the
446+utility's system or equipment or present an undue hazard to utility
447+personnel.
448+(c) A utility may assess upon any customer requesting parallel
449+generation service a nonrefundable interconnection application fee as
450+follows:
451+(1) For customers requesting an export capacity of 200 kilowatts
452+alternating current or less, $300;
453+(2) for customers requesting an export capacity of more than 200 but
454+less than 500 kilowatts alternating current, $1,000;
455+(3) for customers requesting an export capacity of 500 kilowatts but
456+less than one megawatt alternating current, $1,500;
457+(4) for customers requesting an export capacity of one megawatt but
458+less than five megawatts alternating current, $2,000;
459+(5) for customers requesting an export capacity of five megawatts but
460+less than 10 megawatts alternating current, the fee shall be $2,500 plus $1
461+for each requested kilowatt alternating current; or
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505+(6) for customers requesting an export capacity of 10 megawatts
506+alternating current or more, the fee shall be $3,000 plus $1 for each
507+requested kilowatt alternating current.
329508 (d) (1) Every such contract for parallel generation service shall
330-include, but need not be limited to, provisions relating to fair and
331-equitable compensation for energy supplied exported to the utility by
332-such customer. Except as authorized pursuant to paragraph (4), such
333-compensation shall be not less than 100% of the utility's monthly
334-system average cost of energy per kilowatt hour except that in the case
335-of renewable generators with a capacity of 200 kilowatts or less, such
336-compensation shall be not less than 150% of the utility's monthly
337-system average cost of energy per kilowatt hour not less than 100% of
338-the utility's monthly avoided cost.
339-(2) A utility may shall credit such compensation to the customer's
340-account or pay such compensation to the customer at least annually or
341-when the total compensation due equals $25 or more.
342-(3) A utility shall disclose to any customer the formula that the
343-utility uses to determine the compensation that the utility provides
344-pursuant to a contract for parallel generation service.
345-(4) (A) A utility may use locational marginal price or the monthly
346-system average cost of energy per kilowatt hour to determine
347-compensation for energy exported to the utility by the customer. Any
348-such utility that uses locational marginal price or monthly system
349-average cost of energy per kilowatt hour shall compensate the
350-customer for the energy exported to the utility at least annually. Such
351-compensation may be paid to such customer or credited to the
352-customer's account. When determining compensation pursuant to this
353-paragraph, in no case shall a utility issue an invoice for energy
354-exported to the utility by the customer's distributed energy system.
355-Upon the request of any customer who is subject to such locational
356-marginal price compensation pursuant to this paragraph, the utility
357-shall disclose the locational marginal price and the corresponding
358-amount of energy exported to the utility by the customer's distributed
359-energy system.
360-(B) The provisions of this paragraph shall expire on July 1, 2030.
361-(3)(e) A customer-generator of any investor owned investor-
362-owned utility shall have the option of entering into a contract pursuant
363-to this subsection (b) section or utilizing the net metering and easy
364-connection act. The customer-generator shall exercise the option in
365-writing, filed with the utility.
509+include, but need not be limited to, provisions relating to fair and equitable
510+compensation for energy supplied exported to the utility by such customer.
511+Such compensation shall be not less than 100% of the utility's monthly
512+system average cost of energy per kilowatt hour except that in the case of
513+a customer renewable generators with a an export capacity of 200
514+kilowatts alternating current or less, such compensation shall be not less
515+than 150% of the utility's monthly system average cost of energy per
516+kilowatt hour. A utility may shall credit such compensation to the
517+customer's account or pay such compensation to the customer at least
518+annually or when the total compensation due equals $25 or more.
519+(2) A utility shall disclose to any customer the formula that the utility
520+uses to determine the compensation that the utility provides pursuant to a
521+contract for parallel generation service.
522+(3) (A) A utility that offers parallel generation service to a customer
523+who is located in the retail electric service territory of midwest energy,
524+inc., as such territory existed on July 1, 2025, may determine the
525+compensation to be provided to any such customer for energy exported to
526+the utility based on locational marginal pricing. A utility that determines
527+compensation pursuant to this paragraph shall provide:
528+(i) On such customer's bill, the hourly price and the corresponding
529+amount of energy exported to the utility; and
530+(ii) to any person who requests such information, the hourly
531+locational marginal price for the previous year.
532+(B) The provisions of this paragraph shall expire on July 1, 2035.
533+(3)(e) A customer-generator of any investor owned investor-owned
534+utility shall have the option of entering into a contract pursuant to this
535+subsection (b) section or utilizing the net metering and easy connection
536+act. The customer-generator shall exercise the option in writing, filed with
537+the utility.
366538 (c)(f) The following terms and conditions shall apply to contracts
367539 entered into under subsection (a) or (b) for parallel generation service:
368-(1) The utility will supply shall furnish, own, and maintain, at the
369-utility's expense, all necessary meters and associated equipment utilized
370-for billing. In addition, and for the purposes of monitoring customer
371-generation and load,;
540+(1) The utility will supply shall furnish, own, and maintain all
541+necessary meters and associated equipment utilized for billing. In addition,
542+and for the purposes of monitoring customer generation and load,;
372543 (2) the utility may install, at its the utility's expense, load research
373-metering. meters and equipment to monitor customer generation and
374-load. The customer shall supply provide, at no expense to the utility, a
375-suitable location for such meters and associated equipment used for
376-billing and for load research;
377-(2)(3) for the purposes of insuring ensuring the safety and quality
378-of utility system power, the utility shall have the right to require the
379-customer, at certain times and as electrical operating conditions
380-warrant, to limit the production of electrical energy from the generating
381-facility to an amount no greater than the load at the customer's facility
382-of which the generating facility is a part; Substitute for HOUSE BILL No. 2149—page 7
383-(3)(4) the customer shall furnish, install, operate, and maintain in
384-good order and repair and without cost to the utility, such relays, locks
385-and seals, breakers, automatic synchronizer, and other control and
386-protective apparatus as shall be designated by the utility as being
387-required as, at the customer's expense, a listed device that is suitable
388-for the operation of the generator customer's distributed energy system
389-in parallel with the utility's system. In any case where the customer and
390-the utility cannot agree to terms and conditions of any such contract,
391-the state corporation commission shall establish the terms and
392-conditions for such contract. In addition,
393-(5) the utility may install, own, and maintain a disconnecting
394-device located near the electric meter or meters. or may require that a
395-customer's distributed energy system contain a switch, circuit breaker,
396-fuse or other device or feature that may be accessed by the utility at
397-any time and would provide an authorized utility worker the ability to
398-manually disconnect the customer's distributed energy system from the
399-utility's electric distribution system;
400-(6) interconnection facilities between the customer's and the
401-utility's equipment shall be accessible at all reasonable times to utility
402-personnel. Upon notification by the customer of the customer's intent to
403-construct and install parallel generation, the utility shall provide the
404-customer a written estimate of all costs that will be incurred by the
405-utility and billed to the customer to accommodate the interconnection.
406-The customer may be required to reimburse the utility for any
407-equipment or facilities required as a result of the installation by the
408-customer of generation in parallel with the utility's service.;
409-(7) the customer shall notify the utility prior to the initial
410-energizing and start-up testing of the customer-owned generator, and
411-the utility shall have the right to have a representative present at such
412-test customer's distributed energy system;
413-(4) the utility may require a special agreement for conditions
414-related to technical and safety aspects of parallel generation; and
544+metering. meters and equipment to monitor customer generation and load.
545+The customer shall supply provide, at no expense to the utility, a suitable
546+location for such meters and associated equipment used for billing and for
547+load research;
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591+(2) for the purposes of insuring the safety and quality of utility
592+system power, the utility shall have the right to require the customer, at
593+certain times and as electrical operating conditions warrant, to limit the
594+production of electrical energy from the generating facility to an amount
595+no greater than the load at the customer's facility of which the generating
596+facility is a part;
597+(3) the customer shall furnish, install, operate, and maintain in good
598+order and repair and without cost to the utility, such relays, locks and seals,
599+breakers, automatic synchronizer, and other control and protective
600+apparatus as shall be designated by the utility as being required as a listed
601+device that is suitable for the operation of the generator customer's
602+renewable energy system in parallel with the utility's system. In any case
603+where the customer and the utility cannot agree to terms and conditions of
604+any such contract, the state corporation commission shall establish the
605+terms and conditions for such contract. In addition,
606+(4) the utility may install, own, and maintain a disconnecting device
607+located near the electric meter or meters.;
608+(5) interconnection facilities between the customer's and the utility's
609+equipment shall be accessible at all reasonable times to utility personnel.
610+Upon notification by the customer of the customer's intent to construct and
611+install parallel generation, the utility shall provide the customer a written
612+estimate of all costs that will be incurred by the utility and billed to the
613+customer to accommodate the interconnection. The customer may be
614+required to reimburse the utility for any equipment or facilities required as
615+a result of the installation by the customer of generation in parallel with
616+the utility's service.;
617+(6) except as otherwise provided in this section, the utility may
618+require a customer to reimburse the utility for any devices or equipment
619+required to be furnished by the utility for the provision of parallel
620+generation service if the requested export capacity is greater than zero
621+kilowatts alternating current;
622+(7) the customer shall notify the utility prior to the initial energizing
623+and start-up testing of the customer-owned generator, and the utility shall
624+have the right to have a representative present at such test customer's
625+renewable energy system;
626+(4) the utility may require a special agreement for conditions related
627+to technical and safety aspects of parallel generation; and
415628 (5)(8) prior to granting permission to operate, the utility may
416629 require:
417-(A) A witness test of the customer's distributed energy system and
418-interconnection facilities;
630+(A) A witness test of the customer's renewable energy system and
631+interconnection facilities; and
419632 (B) the customer to provide the certificate of inspection of the
420-customer's distributed energy system completed pursuant to any
421-municipal ordinance or code requirements or a certification from an
422-electrician or electrical engineer licensed in this state that the system is
423-installed according to applicable codes and standards; and
424-(C) the customer to provide documentation that the customer's
425-distributed energy system was constructed and installed under the
426-direction of a person who is certified by the north American board of
427-certified energy practitioners or either a master electrician or
428-electrical contractor licensed under the provisions of K.S.A. 12-1525 et
429-seq., and amendments thereto;
430-(9) the utility may periodically require a witness test of the
431-customer's distributed energy system and interconnection facilities
432-throughout the provision of parallel generation service;
433-(10) the utility shall have the right and authority to disconnect
434-and isolate a customer's distributed energy system without notice and
435-at utility's sole discretion when:
436-(A) Electric service to a customer's premises is discontinued for
437-any reason;
438-(B) adverse electrical effects, such as power quality problems, are
439-occurring or are believed to be occurring on the utility's system or the
440-electrical equipment of other utility customers;
441-(C) hazardous conditions on the utility's system are occurring or
442-are believed to be occurring as a result of the operation of the
443-distributed energy system or protective equipment;
444-(D) the utility identifies uninspected or unapproved equipment or
445-modifications to the distributed energy system after initial approval;
446-(E) there is recurring abnormal operation, substandard operation Substitute for HOUSE BILL No. 2149—page 8
447-or inadequate maintenance of the distributed energy system;
448-(F) the customer fails to remit payment to the utility for any
449-amounts owed, including, but not limited to, amounts invoiced;
450-(G) the customer does not comply with the obligations of the
451-interconnection agreement, except that, if such noncompliance is not
452-an emergency situation, the utility shall give a customer 90 days to
453-cure the noncompliance prior to disconnecting and isolating the
454-distributed energy system; or
455-(H) such disconnection is necessary due to emergency or
456-maintenance purposes. In the event that the utility disconnects the
457-distributed energy system for maintenance, the utility shall make
458-reasonable efforts to reconnect the distributed generating system as
459-soon as practicable; and
460-(11) the customer shall retain the authority to temporarily
461-disconnect such customer's distributed energy system from the utility's
462-system at any time. Any such temporary disconnection shall not be
463-construed as a customer's termination of the interconnection agreement
464-without an express action to terminate such agreement pursuant to the
465-terms and conditions of the agreement.
466-(g) The export capacity of a customer's renewable energy system
467-shall be appropriately sized for such customer's anticipated electric
468-load as follows:
469-(1) (A) Divide the customer's historic consumption in kilowatt-
470-hours for the previous 12-month period by 8,760 and divide such
471-quotient by a capacity factor of:
472-(i) 0.144 when such customer is in the service territory of an
473-investor-owned utility; and
474-(ii) 0.288 when such customer is in the service territory of a
475-cooperative as defined in K.S.A. 17-4603, and amendments thereto, an
476-electric utility owned by one or more of such cooperatives, a nonstock
477-member-owned electric cooperative corporation incorporated in this
478-state or a municipally owned or operated electric utility; or
479-(B) if the customer does not have historic consumption data that
633+customer's renewable energy system completed pursuant to any municipal
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677+ordinance or code requirements or a certification from an electrician or
678+electrical engineer licensed in this state that the system is installed
679+according to applicable codes and standards; and
680+(9) the utility may periodically require witness testing of the
681+customer's renewable energy system and interconnection facilities
682+throughout the provision of parallel generation service.
683+(g) (1) Prior to approving an application of any customer who is
684+seeking to construct and install a renewable energy system for the purpose
685+of entering into a parallel generation service contract, a utility may
686+require such customer to enter into a special agreement that establishes
687+technical and safety conditions relating to the construction and
688+installation of such customer's renewable energy system. As a condition of
689+any such special agreement, to ensure that such system is constructed and
690+installed according to any applicable standards and codes, the utility may
691+require the customer to provide documentation that the customer's
692+renewable energy system is constructed and installed under the direction
693+of a person who is:
694+(A) Certified by the north American board of certified energy
695+practitioners; or
696+(B) a master electrician or electrical contractor licensed under the
697+provisions of K.S.A. 12-1525 et seq., and amendments thereto.
698+(2) Upon request of any person, a utility shall disclose the
699+requirements of any such special agreement.
700+(h) (1) The export capacity of a customer's renewable energy system
701+shall be appropriately sized for such customer's anticipated electric load
702+as follows:
703+(A) (i) Divide the customer's historic consumption in kilowatt-hours
704+for the previous 12-month period by 8,760 and divide such quotient by a
705+capacity factor of 0.144; or
706+(ii) if the customer does not have historic consumption data that
480707 adequately reflects the customer's consumption at such premises, the
481-customer's historic consumption for the previous 12-month period shall
482-be 7.15 kilowatt-hours per square foot of conditioned space; and
483-(2) round the amount determined pursuant to paragraph (1) up to
484-the nearest one kilowatt alternating current power increment. 
485-(h) (1) Except as provided in subsection (i), each utility shall,
486-make parallel generation service available to customers who are in
487-good standing with the utility, on a first-come, first-served basis, until
488-the utility's aggregate export capacity from all distributed energy
489-systems, including systems that are subject to a parallel generation
490-service tariff established pursuant to this section and systems that are
491-subject to a net metering tariff that was either voluntarily established
492-by the utility or pursuant to K.S.A. 66-1263 et seq., and amendments
493-thereto, equals or exceeds the following:
494-(A) Commencing on July 1, 2025, 6% of the utility's historic peak
495-demand;
496-(B) commencing on July 1, 2026, 7% of the utility's historic peak
497-demand; and
498-(C) commencing on July 1, 2027, and each year thereafter, 8% of
499-the utility's historic peak demand.
500-(2) The utility may limit the number and size export capacity of
501-renewable generators additional distributed energy systems to be
502-connected to the utility's system due to the capacity of the distribution
503-line to which such renewable generator would distributed energy
504-system will be connected, and in no case shall the utility be obligated to
505-purchase an amount greater than 4% of such utility's peak power
506-requirements.
507-(i) (1) A utility shall not be required to make parallel generation
508-service available to any customer who has a new or expanded facility
509-that receives electric service at a voltage of 34.5 kilovolts or higher
510-and commences such electric service on or after July 1, 2025. Substitute for HOUSE BILL No. 2149—page 9
511-(2) To determine a utility's historic peak demand for purposes of
512-subsection (h), a utility's peak demand shall not include the additional
513-demand of any new or expanded facility of an industrial, commercial
514-or data center customer that receives electric service at a voltage of
515-34.5 kilovolts or higher and commences such electric service on or
516-after July 1, 2025.
517-(3) The provisions of this subsection shall expire on July 1, 2026.
518-(j) For any customer with a distributed energy system:
519-(1) The customer shall own and maintain any necessary export-
708+customer's historic consumption for the previous 12-month period shall be
709+7.15 kilowatt-hours per square foot of conditioned space; and
710+(B) round the amount determined pursuant to subparagraph (A) up to
711+the nearest standard size as follows:
712+(i) Round up to the nearest two kilowatts alternating current power
713+increment if such amount is between two and 20 kilowatts alternating
714+current power; or
715+(ii) round up to the nearest five kilowatts alternating current power
716+increment if such amount is 20 kilowatts alternating current power or
717+more; and
718+(2) Any other electric generation system or energy storage system
719+located on a customer's property that is not designed and intended to
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763+contribute to the customer's export capacity shall not be considered when
764+determining the appropriate system size. 
765+(i) A utility shall not be required to approve a customer's request for
766+parallel generation service if such service would cause the utility's
767+aggregate export capacity from all renewable energy systems subject to
768+parallel generation service to exceed 10% of such utility's historic peak
769+demand. The utility may limit the number and size export capacity of
770+additional renewable generators energy systems to be connected to the
771+utility's system due to the capacity of the distribution line to which such
772+renewable generator would energy system will be connected, and in no
773+case shall the utility be obligated to purchase an amount greater than 4% of
774+such utility's peak power requirements.
775+(j) (1) A utility may require any customer who is seeking to construct
776+and install a renewable energy system that limits the export to the utility's
777+system in an amount that differs from the system's nameplate capacity to
778+submit an application prior to any connection of the renewable energy
779+system with the utility's system, notify the utility of the proposed renewable
780+energy system and verify that such system is installed and connected in
781+accordance with all applicable standards and codes. A utility may assess
782+upon any such customer a nonrefundable application fee in an amount not
783+to exceed the applicable nonrefundable interconnection application fee
784+established pursuant to subsection (c). The amount of the nonrefundable
785+application fee shall be determined based on the system's reasonably
786+anticipated export capacity if the system commences exporting energy to
787+the utility's system pursuant to parallel generation service.
788+(2) Any customer that submits an application pursuant to paragraph
789+(1) to construct and install a renewable energy system that will export zero
790+kilowatts alternating current shall have the option to remain on a retail
791+rate tariff that is identical to the same rate class that such customer would
792+otherwise qualify for as a non-generating customer.
793+(3) For any customer with a renewable energy system that is
794+designed to export an amount of power that differs from the system's
795+generating capacity:
796+(A) The customer shall own and maintain any necessary export-
520797 limiting device;
521-(2) protections shall be in place to restrict the export-limiting
522-device settings to qualified persons;
523-(3) the utility shall have the option to require a witness test of the
524-export-limiting device's functions or settings prior to granting
525-permission to operate and at any time while the distributed energy
526-system is connected to the utility's system;
527-(4) the export capacity of the system shall not be increased
528-without prior approval of the utility;
529-(5) the customer shall allow the utility to perform periodic witness
798+(B) protections shall be in place to restrict the export-limiting device
799+settings to qualified persons;
800+(C) the utility shall have the option to require a witness test of the
801+export-limiting device's functions or settings prior to granting permission
802+to operate;
803+(D) the export capacity of the system shall not be increased without
804+prior approval of the utility;
805+(E) the customer shall allow the utility to perform periodic witness
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530849 tests of the export-limiting device's functions or settings upon request;
531-(6) if the export-limiting device's functions or settings are
532-incorrect or if the device fails to limit the export of power below the
533-designed export capacity for more than 15 minutes in any single event,
534-the customer shall cease operation of the system until repair or
535-reprogramming of the export-limiting device is completed. For
536-purposes of this subparagraph, the utility may require and conduct a
537-witness test prior to authorizing the customer to resume operation of
538-the system; and
539-(7) the utility shall not restrict the brand or model of the export-
850+(F) if the export-limiting device's functions or settings are incorrect
851+or if the device fails to limit the export of power below the designed export
852+capacity for more than 15 minutes in any single event, the customer shall
853+cease operation of the system until repair or reprogramming of the export-
854+limiting device is completed; and
855+(G) the utility shall not restrict the brand or model of the export-
540856 limiting device if the device is approved by the manufacturer of a listed
541-distributed energy system or is listed to perform such operations in
857+renewable energy system or is listed to perform such operations in
542858 conjunction with the customer's system.
543-(d)(k) (1) (A) For a utility that is subject to the jurisdiction,
544-regulation, supervision and control of the state corporation
545-commission, service under any parallel generation service contract
859+(k) A utility shall provide written notice of receipt of any application
860+submitted pursuant to this section to the applicant within 30 days
861+following such receipt. A utility shall approve or deny any such
862+application or a request for system certification pursuant to such an
863+application within 90 calendar days following receipt of such application
864+or request. If the utility denies such application or request, the utility shall
865+provide to the customer a list of the reasons for such denial and the
866+corrective actions needed for approval.
867+(d)(l) (1) Service under any parallel generation service contract
546868 entered into under subsection (a) or (b) shall be subject to either the
547869 utility's rules and regulations on file with the state corporation
548-commission, which shall include a standard interconnection process
549-and requirements for such utility's system, or the current federal energy
870+commission, which shall include a standard interconnection process and
871+requirements for such utility's system, or the current federal energy
550872 regulatory commission interconnection procedures and regulations.
551-(B) For a utility that is not subject to the jurisdiction, regulation,
552-supervision and control of the state corporation commission, service
553-under any parallel generation service contract shall be subject to the
554-current federal energy regulatory commission interconnection
555-procedures and regulations.
556873 (e)(2) In any case where the owner of the renewable generator
557-customer and the a utility that is subject to the jurisdiction, regulation,
558-supervision and control of the state corporation commission cannot
559-agree to terms and conditions of any contract provided for by this
560-section, the state corporation commission shall establish the terms and
561-conditions for such contract.
562-(l) A utility shall not impose any additional fees, charges or
874+customer and the utility cannot agree to terms and conditions of any
875+contract provided for by this section, the state corporation commission
876+shall establish the terms and conditions for such contract.
877+(m) A utility shall not impose any additional fees, charges or
563878 requirements for the provision of parallel generation service unless
564-expressly authorized pursuant to this section. Nothing in this section
565-shall be construed to:
566-(1) Prohibit a utility from charging a distributed energy customer
567-for the use of the utility's system; and
568-(2) authorize a utility to charge a distributed energy customer for
569-power exported to the utility by such customer.
570-(m) (1) Any customer who has received approval from a utility to
571-construct or operate a distributed energy system pursuant to this
572-section shall notify the utility within 30 calendar days following the
573-date that the construction has been canceled or the system is
574-permanently shut down. Upon receipt of such notice, the utility shall Substitute for HOUSE BILL No. 2149—page 10
575-cancel the parallel generation service contract with such customer.
576-(2) If a utility has reason to suspect that a customer's distributed
879+expressly authorized pursuant to this section.
880+(n) (1) Any customer who has received approval from a utility to
881+construct or operate a renewable energy system pursuant to this section
882+shall notify the utility when the construction has been canceled or the
883+system is permanently shut down. Upon receipt of such notice, the utility
884+shall cancel the parallel generation service contract with such customer.
885+(2) If a utility has reason to suspect that a customer's renewable
577886 energy system has been abandoned and is no longer producing energy,
578-such utility may request verification from the customer that the system
579-is still functioning, or that the customer has a reasonable plan to
580-reenergize the system. If the customer fails to repair the system or
581-provide a reasonable plan to complete such repairs within six months,
582-the utility shall have the option to cancel the parallel generation
583-service contract with such customer.
887+such utility may request verification from the customer that the system is
888+still functioning, or that the customer has a reasonable plan to reenergize
889+the system. If the customer fails to repair the system or provide a
890+reasonable plan to complete such repairs within 24 months, the utility
891+shall have the option to cancel the parallel generation service contract
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584936 (3) Upon cancellation of any parallel generation service contract
585-pursuant to this subsection, the utility shall not be obligated to refund
586-any fees previously paid by the customer.
587-(n) (1) A customer shall have the right to repair or rebuild such
588-customer's distributed energy system with listed equipment as long as
589-such repair or rebuilding does not cause an increase in export
937+pursuant to this subsection, the utility shall:
938+(A) Make the associated export capacity available to other customers
939+of the utility; and
940+(B) not be obligated to refund any fees previously paid by the
941+customer.
942+(o) (1) A customer shall have the right to repair or rebuild such
943+customer's renewable energy system subject to a parallel generation
944+service contract if the repair does not materially affect the portion of the
945+system that interacts with the utility or cause an increase in export
590946 capacity.
591-(2) If a customer repairs or replaces a distributed energy system,
947+(2) If a customer will repair or replace a system in a way that
948+materially affects the portion of the system that interacts with the utility,
592949 the customer shall notify the utility prior to such repair or replacement
593-and provide proof that the new equipment complies with the same
594-rules, regulations and approved capacity as the original installation.
595-The utility shall have the right to require and conduct a witness test
596-prior to authorizing operation of the system. A customer who repairs or
597-replaces a system pursuant to this paragraph shall not be required to
598-submit a new parallel generation service application to the utility.
599-(3) A customer shall not repair or replace a distributed energy
600-system in a way that increases the export capacity of the system without
601-providing prior notification to the utility. The utility may require the
950+and provide proof that the new equipment complies with the same rules,
951+regulations and approved capacity as the original installation. A customer
952+who repairs or replaces a system pursuant to this paragraph shall not be
953+required to submit a new parallel generation service application to the
954+utility.
955+(3) If a customer will repair or replace a system in a way that
956+increases the export capacity of the system, the customer shall notify the
957+utility prior to such repair or replacement. The utility may require the
602958 customer to submit a new parallel generation service application to
603959 include the new provisions and requirements relating to such system.
604-(f)(o) (1) The governing body of any school desiring to proceed
605-under this section shall, prior to taking any action permitted by this
606-section, make a finding that either:
960+(f)(p) (1) The governing body of any school desiring to proceed under
961+this section shall, prior to taking any action permitted by this section, make
962+a finding that either:
607963 (1)(A) Net energy cost savings will accrue to the school from such
608964 renewable generation over a 20-year period; or
609965 (2)(B) that such renewable generation is a science project being
610-conducted for educational purposes and that such project may not
611-recoup the expenses of the project through energy cost savings.
612-(2) Any school proceeding under this section may contract or
613-enter into a finance, pledge, loan or lease-purchase agreement with the
614-Kansas development finance authority as a means of financing the cost
615-of such renewable generation.
616-(g)(p) Each kilowatt of nameplate capacity of the parallel
617-generation of electricity provided for in this section shall count as 1.10
618-kilowatts toward the compliance of the affected utility, as defined in
619-K.S.A. 66-1257, and amendments thereto, and with whom the
620-customer-generator has contracted, with the renewable energy
621-standards act in K.S.A. 66-1256 through 66-1262, and amendments
622-theretoNothing in this section shall be construed to require any
623-cooperative as defined in K.S.A. 17-4603, and amendments thereto,
624-electric utility owned by one or more such cooperatives, nonstock
625-member-owned electric cooperative corporation incorporated in this
626-state or municipally owned or operated electric utility to opt in to or
627-otherwise participate in any demand response or distributed energy
628-resource aggregation programs.
629-(h)(q) The provisions of the net metering and easy connection act
966+conducted for educational purposes and that such project may not recoup
967+the expenses of the project through energy cost savings.
968+(2) Any school proceeding under this section may contract or enter
969+into a finance, pledge, loan or lease-purchase agreement with the Kansas
970+development finance authority as a means of financing the cost of such
971+renewable generation.
972+(g)(q) Each kilowatt of nameplate export capacity of the associated
973+with a utility's parallel generation of electricity provided for in this section
974+service shall count as 1.10 kilowatts toward the compliance of the an
975+affected utility, as defined in K.S.A. 66-1257, and amendments thereto,
976+and with whom the customer-generator has contracted, with the renewable
977+energy standards act in K.S.A. 66-1256 through 66-1262, and amendments
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1021+thereto.
1022+(h)(r) The provisions of the net metering and easy connection act
6301023 shall not preclude the state corporation commission from approving net
6311024 metering tariffs upon request of an electric utility for other methods of
6321025 renewable generation not prescribed in subsection (b)(1) of K.S.A. 66-
6331026 1264(b)(1), and amendments thereto.
634-Sec. 5. K.S.A. 66-1268 is hereby amended to read as follows: 66-
1027+Sec. 3. K.S.A. 66-1268 is hereby amended to read as follows: 66-
6351028 1268. (a) Net metered facilities must meet all applicable safety,
636-performance, interconnection and reliability standards established by
637-the national electrical code, the national electrical safety code, the
638-institute of electrical and electronics engineers, underwriters Substitute for HOUSE BILL No. 2149—page 11
639-laboratories, the federal energy regulatory commission and any local
640-governing authorities. A utility may require that a customer-generator's
641-system contain a switch, circuit breaker, fuse or other easily accessible
642-device or feature located in immediate proximity to the customer-
643-generator's metering equipment that would allow a utility worker the
644-ability to manually and instantly disconnect the unit from the utility's
645-electric distribution system.
1029+performance, interconnection and reliability standards established by the
1030+national electrical code, the national electrical safety code, the institute of
1031+electrical and electronics engineers, underwriters laboratories, the federal
1032+energy regulatory commission and any local governing authorities. A
1033+utility may require that a customer-generator's system contain a switch,
1034+circuit breaker, fuse or other easily accessible device or feature located in
1035+immediate proximity to the customer-generator's metering equipment that
1036+would allow a utility worker the ability to manually and instantly
1037+disconnect the unit from the utility's electric distribution system.
6461038 (b) A utility may not require a customer-generator whose net
6471039 metering facility meets the standards in subsection (a) to comply with
648-additional safety or performance standards or perform or pay for
649-additional tests or purchase additional liability insurance. A utility shall
650-not be liable directly or indirectly for permitting or continuing to allow
651-an attachment of a net metered facility or for the acts or omissions of
652-the customer-generator that cause loss or injury, including death, to any
653-third party.
1040+additional safety or performance standards or perform or pay for additional
1041+tests or purchase additional liability insurance. A utility shall not be liable
1042+directly or indirectly for permitting or continuing to allow an attachment of
1043+a net metered facility or for the acts or omissions of the customer-
1044+generator that cause loss or injury, including death, to any third party.
6541045 (c) (1) Any customer-generator who has received approval from a
655-utility to construct or operate a net metering facility shall notify the
656-utility within 30 calendar days following the date that the construction
657-has been canceled or the facility is permanently shut down. Upon
658-receipt of such notice, the utility shall cancel the interconnection
659-agreement with such customer.
1046+utility to construct or operate a net metering facility shall notify the utility
1047+when the construction has been canceled or the facility is permanently
1048+shut down. Upon receipt of such notice, the utility shall cancel the
1049+interconnection agreement with such customer.
6601050 (2) If a utility has reason to suspect that a customer-generator's
6611051 facility has been abandoned and is no longer producing energy, such
6621052 utility may request verification from the customer-generator that the
663-facility is still functioning or that the customer-generator has a
664-reasonable plan to reenergize the facility. If the customer-generator
665-fails to repair the facility or provide a reasonable plan to complete
666-such repairs within six months, the utility shall have the option to
667-cancel the interconnection agreement with such customer-generator.
668-(3) Upon cancellation of any interconnection agreement pursuant
669-to this subsection, the utility shall not be obligated to refund any fees
670-previously paid by the customer-generator.
671-(d) (1) A customer-generator shall have the right to repair or
672-rebuild such customer-generator's net metering facility that is subject
673-to an interconnection agreement with listed equipment as long as such
674-repair or rebuilding does not cause an increase in export capacity.
675-(2) If a customer-generator repairs or replaces a facility, the
676-customer shall notify the utility prior to such repair or replacement and
677-provide proof that the new equipment complies with the same rules,
678-regulations and approved capacity as the original installation. The
679-utility shall have the right to require and conduct a witness test prior to
680-authorizing operation of the facility. A customer who repairs or
681-replaces a facility pursuant to this paragraph shall not be required to
682-submit a new net metering interconnection application to the utility.
683-(3) A customer-generator shall not repair or replace a facility
684-system in a way that increases the export capacity of the system without
685-providing prior notification to the utility. The utility may require the
1053+facility is still functioning or that the customer-generator has a reasonable
1054+plan to reenergize the facility. If the customer-generator fails to repair the
1055+facility or provide a reasonable plan to complete such repairs within 24
1056+months, the utility shall have the option to cancel the interconnection
1057+agreement with such customer-generator.
1058+(3) Upon cancellation of any interconnection agreement pursuant to
1059+this subsection, the utility shall:
1060+(A) Make the associated export capacity available to other customer-
1061+generators of the utility; and
1062+(B) not be obligated to refund any fees previously paid by the
1063+customer-generator.
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1107+(d) (1) A customer-generator shall have the right to repair or rebuild
1108+such customer-generator's net metering facility that is subject to an
1109+interconnection agreement if the repair does not materially affect the
1110+portion of the facility that interacts with the utility or cause an increase in
1111+export capacity.
1112+(2) If a customer-generator will repair or replace a facility in a way
1113+that materially affects the portion of the facility that interacts with the
1114+utility, the customer shall notify the utility prior to such repair or
1115+replacement and provide proof that the new equipment complies with the
1116+same rules, regulations and approved capacity as the original installation.
1117+A customer who repairs or replaces a facility pursuant to this paragraph
1118+shall not be required to submit a new net metering interconnection
1119+application to the utility.
1120+(3) If a customer-generator will repair or replace a facility in a way
1121+that increases the export capacity, the customer-generator shall notify the
1122+utility prior to such repair or replacement. The utility may require the
6861123 customer-generator to submit a new net metering interconnection
6871124 application to include the new provisions and requirements relating to
688-such facility. Substitute for HOUSE BILL No. 2149—page 12
689-Sec. 6. K.S.A. 66-1,184 and 66-1268 are hereby repealed.
690-Sec. 7. This act shall take effect and be in force from and after its
691-publication in the Kansas register.
692-I hereby certify that the above BILL originated in the House, and passed
693-that body
694-HOUSE concurred in
695-SENATE amendments __________________________________________________________________
696-
697-Speaker of the House.
698-
699-
700-Chief Clerk of the House.
701-
702-Passed the SENATE
703- as amended
704-
705-
706-President of the Senate.
707-
708-
709-Secretary of the Senate.
710-APPROVED ______________________________________________________________________________
711-
712-Governor.
1125+such facility.
1126+Sec. 4. K.S.A. 66-1,184 and 66-1268 are hereby repealed.
1127+Sec. 5. This act shall take effect and be in force from and after its
1128+publication in the statute book.
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