---

Session of 2000
          House Substitute for Substitute for Substitute                     for SENATE BILL No. 257           By Committee on Utilities           3-10          

---

12             AN  ACT concerning electric transmission lines; amending K.S.A. 66-
13             1,178, 66-1,179 and 66-1,182 and repealing the existing sections.
14      
15       Be it enacted by the Legislature of the State of Kansas:
16             Section  1. K.S.A. 66-1,178 is hereby amended to read as follows: 66-
17       1,178. (a) No electric utility may begin site preparation for or construction
18       of an electric transmission line, or exercise the right of eminent domain
19       to acquire any interest in land in connection with the site preparation for
20       a construction of any such line without first acquiring a siting permit from
21       the commission. Whenever any such electric utility desires to obtain such
22       a permit, it the utility shall file an application with the commission setting
23       forth therein that it the utility proposes to construct an electric transmis-
24       sion line and specifying:
25             (1) The proposed location thereof,;
26             (2) the names and addresses of the landowners of record whose land
27       or interest therein is proposed to be acquired in connection with the
28       construction of such a or is located within 1,320 feet of the proposed
29       location of the line; and
30             (3) such other information as may be required by the commission.
31             (b) Thereupon Upon the filing of an application pursuant to subsec-
32       tion (a), the commission shall fix a time for a public hearing on such
33       application, which shall be not more than 60 days from 90 days after the
34       date the application was filed, to determine the necessity for and the
35       reasonableness of the location of the proposed electric transmission line.
36       The commission shall fix the place for hearing, which may be in any
37       county shall be in one of the counties through which the electric trans-
38       mission line is proposed to traverse.
39             (c) The commission may conduct an evidentiary hearing on an ap-
40       plication filed pursuant to this section at such time and place as the com-
41       mission deems appropriate. The commission shall issue a final order on
42       the application within 120 days after the date the application was filed.
43             Sec.  2. K.S.A. 66-1,179 is hereby amended to read as follows: 66-

2
  1       1,179. The commission shall publish notice of the time, place and subject
  2       matter of such the public hearing provided for by K.S.A. 66-1,178 and
  3       amendments thereto in newspapers having general circulation in every
  4       county through which the electric transmission line is proposed to trav-
  5       erse once each week for three (3) two consecutive weeks, the last pub-
  6       lication to be not less than five (5) days before such hearing date. The
  7       commission may order the applicant to publish such notice and submit
  8       an affidavit of publication, evidencing the dates of publication and the
  9       newspapers in which the notice appeared, to the commission prior to the
10       hearing. Written notice by certified mail of such hearing and a copy of
11       the application shall be served not less than twenty (20) 20 days prior to
12       the hearing date upon all landowners described in subsection (a)(2) of
13       K.S.A. 66-1,178, and amendments thereto, as shown by the application.
14             Sec.  3. K.S.A. 66-1,182 is hereby amended to read as follows: 66-
15       1,182. (a) The provisions of this act shall not apply to:
16             (1) That portion of any electric transmission line to be constructed on
17       an easement where there currently exists one or more electric transmission
18       lines if the easement is not within the corporate limits of any city;
19             (2) that portion of any electric transmission line to be constructed on
20       property adjacent to right-of-way along a four-lane controlled access
21       highway, as defined in K.S.A. 8-1410, and amendments thereto; or
22             (3) any electric utility which complies with the provisions of the na-
23       tional environmental policy act of 1969 with regard to the siting of electric
24       transmission lines.
25             (b) No city or county shall have jurisdiction or control over the siting
26       or construction of any electric transmission line exempted from the pro-
27       visions of this act by subsection (a).
28             (c) No environmental study shall be required for construction of an
29       electric transmission line on right-of-way where there currently exists one
30       or more electric transmission lines. 
31       Sec.  4. K.S.A. 66-1,178, 66-1,179 and 66-1,182 are hereby repealed.
32        Sec.  5. This act shall take effect and be in force from and after its
33       publication in the Kansas register.