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 9  AN ACT relating to certain electric public utilities; concerning the reg-
10    ulation and taxation thereof; amending K.S.A. 66-104 and 79-5a01 and
11    repealing the existing sections.
12
13  Be it enacted by the Legislature of the State of Kansas:
14    Section 1.  K.S.A. 66-104 is hereby amended to read as follows: 66-
15  104. The term ``public utility,'' as used in this act, shall be construed to
16  mean every corporation, company, individual, association of persons, their
17  trustees, lessees or receivers, that now or hereafter may own, control,
18  operate or manage, except for private use, any equipment, plant or gen-
19  erating machinery, or any part thereof, for the transmission of telephone
20  messages or for the transmission of telegraph messages in or through any
21  part of the state, or the conveyance of oil and gas through pipelines in or
22  through any part of the state, except pipelines less than 15 miles in length
23  and not operated in connection with or for the general commercial supply
24  of gas or oil, or for the operation of any trolley lines, street, electrical or
25  motor railway doing business in any county in the state; also all dining
26  car companies doing business within the state, and all companies for the
27  production, transmission, delivery or furnishing of heat, light, water or
28  power. No cooperative, cooperative society, nonprofit or mutual corpo-
29  ration or association which is engaged solely in furnishing telephone serv-
30  ice to subscribers from one telephone line without owning or operating
31  its own separate central office facilities, shall be subject to the jurisdiction
32  and control of the commission as provided herein, except that it shall not
33  construct or extend its facilities across or beyond the territorial boundaries
34  of any telephone company or cooperative without first obtaining approval
35  of the commission. As used herein, the term ``transmission of telephone
36  messages'' shall include the transmission by wire or other means of any
37  voice, data, signals or facsimile communications, including all such com-
38  munications now in existence or as may be developed in the future.
39    The term ``public utility'' shall also include that portion of every mu-
40  nicipally owned or operated electric or gas utility located outside of and
41  more than three miles from the corporate limits of such municipality, but
42  nothing in this act shall apply to a municipally owned or operated utility,
43  or portion thereof, located within the corporate limits of such municipality
HB 2503
                                     

 1  or located outside of such corporate limits but within three miles thereof
 2  except as provided in K.S.A. 66-131a, and amendments thereto.
 3    Except as herein provided, the power and authority to control and
 4  regulate all public utilities and common carriers situated and operated
 5  wholly or principally within any city or principally operated for the benefit
 6  of such city or its people, shall be vested exclusively in such city, subject
 7  only to the right to apply for relief to the corporation commission as
 8  provided in K.S.A. 66-133, and amendments thereto, and to the provi-
 9  sions of K.S.A. 66-131a, and amendments thereto. A transit system prin-
10  cipally engaged in rendering local transportation service in and between
11  contiguous cities in this and another state by means of street railway,
12  trolley bus and motor bus lines, or any combination thereof, shall be
13  deemed to be a public utility as that term is used in this act and, as such,
14  shall be subject to the jurisdiction of the commission.
15    The term ``public utility'' shall not include any activity of an otherwise
16  jurisdictional corporation, company, individual, association of persons,
17  their trustees, lessees or receivers as to the marketing or sale of com-
18  pressed natural gas for end use as motor vehicle fuel. The term ``public
19  utility'' also shall not include any electric generating equipment, plant or
20  machinery or any part thereof for the production of electricity or electric
21  power, for which rates, joint rates, tolls, charges or classification or sched-
22  ule of charges are not regulated by the state of Kansas or any agency
23  thereof.
24    Sec. 2.  K.S.A. 79-5a01 is hereby amended to read as follows: 79-
25  5a01. (a) As used in this act, the terms ``public utility'' or ``public utilities''
26  shall mean every individual, company, corporation, association of persons,
27  lessees or receivers that now or hereafter are in control, manage or op-
28  erate a business of:
29    (1)  A railroad or railroad corporation if such railroad or railroad cor-
30  poration owns or holds, by deed or other instrument, an interest in right-
31  of-way, track, franchise, roadbed or trackage in this state;
32    (2)  transmitting to, from, through or in this state telegraphic messa-
33  ges;
34    (3)  transmitting to, from, through or in this state telephonic messages;
35    (4)  transporting or distributing to, from, through or in this state nat-
36  ural gas, oil or other commodities in pipes or pipelines, or engaging pri-
37  marily in the business of storing natural gas in an underground formation;
38    (5)  generating, conducting or distributing to, from, through or in this
39  state electric power;
40    (6)  transmitting to, from, through or in this state water if for profit
41  or subject to regulation of the state corporation commission;
42    (7)  transporting to, from, through or in this state cargo or passengers
43  by means of any vessel or boat used in navigating any of the navigable
HB 2503
                                     

 1  watercourses within or bordering upon this state.
 2    (b)  The terms ``public utility'' or ``public utilities'' shall not include:
 3    (1) Rural water districts established under the laws of the state of Kansas;
 4  or (2) any individual, company, corporation, association of persons, lessee
 5  or receiver owning or operating an oil or natural gas production gathering
 6  line which is situated within one county in this state and does not cross
 7  any state boundary line; or (3) any individual, company, corporation, as-
 8  sociation of persons, lessee or receiver owning any vessel or boat operated
 9  upon the surface of any manmade waterway located entirely within one
10  county in the state; or (4)  a business which controls, manages or oper-
11  ates any electric generating equipment, plant or machinery or any part
12  thereof for the production of electricity or electric power, for which rates,
13  joint rates, tolls, charges or classification or schedule of charges are not
14  regulated by the state of Kansas or any agency thereof.
15    New Sec. 3.  In complying with 15 U.S.C. 79 section 32(4)(c), the
16  state corporation commission shall not unreasonably delay or withhold a
17  determination as to whether allowing a rate based facility defined as such
18  at the time of the effective date of the Energy Policy Act of 1992, to be
19  an eligible facility as defined by 15 U.S.C. 79 section 32(2), will benefit
20  consumers, is in the public interest, and does not violate state law.
21    Sec. 4.  K.S.A. 66-104 and 79-5a01 are hereby repealed.
22    Sec. 5.  This act shall take effect and be in force from and after its
23  publication in the statute book.