CHAPTER 119 HOUSE BILL No. 2552 An Act concerning municipal energy agencies; amending K.S.A. 12-886 and 12-897 and
repealing the existing sections. Be it enacted by the Legislature of the State of Kansas:

Section 1. K.S.A. 12-886 is hereby amended to read as follows: 12-
886. As used in this act, unless the context otherwise requires:

(a) ``Agency agreement'' means the written agreement between or
among two or more cities establishing a municipal energy agency.

(b) ``City'' means a city organized and existing under the laws of Kan-
sas and authorized by such laws to engage in the local distribution and
sale of electrical energy and operating an electric generating system dur-
ing the calendar year 1976.

(c) ``Governing body,'' with respect to a city, means the governing
body of the city or, if another board, commission or body is empowered
by law or by resolution of the governing body of the city to establish and
regulate rates and charges for the distribution of electrical energy within
the city, such board, commission or body shall be deemed to be the
governing body.

(d) ``Municipal energy agency'' means a quasi-municipal corporation
created by agreement between or among two or more cities pursuant to
this act to exercise any of the powers granted by K.S.A. 12-885 to 12-
8,111, inclusive, and amendments thereto, and including the acquisition,
construction, reconstruction, operation, repair, extension or improvement
of electric generation or transmission facilities or the acquisition of any
interest therein or any right to part or all of the capacity thereof.

(e) ``Person'' means a natural person, a public agency, private cor-
poration, firm, partnership, cooperative association or business trust of
any nature whatsoever, organized and existing under the laws of any state
or of the United States.

(f) ``Project'' means any plant, works, system, facilities and real and
personal property of any nature whatsoever, together with all parts
thereof and appurtenances thereto, used or useful in the generation, pro-
duction, transmission, purchase, sale, exchange or interchange of electric
energy or any interest therein or capacity thereof and including all studies
and planning with respect thereto.

(g) ``Public agency'' means any city or other municipal corporation,
political subdivision, governmental unit or public corporation created by
or pursuant to the laws of this state, another state or the United States;
any state or the United States; or any person, board or other body de-
clared by the laws of any state or the United States to be a department,
agency or instrumentality thereof.

Sec. 2. K.S.A. 12-897 is hereby amended to read as follows: 12-897.
No municipal energy agency created under this act shall be authorized
to enter into any agreement or contract for the direct sale of electricity
to any person other than to a member city of the agency or a utility
operating an electric generating system during the calendar year 1976, a
marketer of electricity, a broker of electricity, an electric public utility,
an electric cooperative, a city owning or operating a municipal electric
utility, a municipal energy agency, a federal power marketing adminis-
tration or an investor owned electric utility.

Sec. 3. K.S.A. 12-886 and 12-897 are hereby repealed.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 20, 1998

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