§ 66-1280 — New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions

(a) Any new coal-fired electricity generating facility in Kansas, construction of which commences on or after the effective date of this act, shall purchase Kansas coal for at least 5% of its coal requirements. For the purposes of this section, "Kansas coal" shall have the meaning ascribed thereto in K.S.A. 79-32,228, and amendments thereto.
(b) The provisions of this section shall apply if the cost of the Kansas coal, including costs of transportation and handling at the new coal-fired electricity generating facility, is:
(1) Competitive to the cost of the out-of-state coal supply the owner or operator of the new coal-fired electricity generating facility is using to meet its remaining coal supply requirements;
(2) sold on comparable contractual terms and specification; and
(3) of an acceptable quality for use in the new coal-fired electricity generating facility.
This section shall not apply if the use or purchase of Kansas coal will result in the owner or operator of the new coal-fired electricity generating facility violating its air permit or a contractual obligation to which the owner or operator is subject.

Legislative History

L. 2009, ch. 141, § 31; May 28.