66-1280. New coal-fired electricity generating facility; purchase of Kansas coal required; exceptions.
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/ks/chapter-66/66-1280A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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.