66-1280.New coal-fired electricity generatingfacility; purchase of Kansas coal required; exceptions.(a) Any new coal-fired electricity generating facility inKansas, construction ofwhich commences on or after the effective date of this act, shall purchaseKansas coal for atleast 5% of its coalrequirements. For the purposes of this section, "Kansas coal"shall have themeaning ascribed thereto in K.S.A. 2009 Supp. 79-32,228, and amendmentsthereto.
(b) The provisions of this section shall apply if the cost of the Kansascoal, including costs of transportation and handling at the newcoal-fired electricity generating facility, is:
(1) Competitive to the cost of the out-of-state coal supply the owner oroperator of the new coal-fired electricity generating facility is using to meetits 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 electricitygenerating facility.
This section shall not apply if the use or purchase of Kansas coal will resultin the owneror operator of the new coal-fired electricity generating facility violating itsair permit or acontractual obligation to which the owner or operator is subject.
66-1280.New coal-fired electricity generatingfacility; purchase of Kansas coal required; exceptions.(a) Any new coal-fired electricity generating facility inKansas, construction ofwhich commences on or after the effective date of this act, shall purchaseKansas coal for atleast 5% of its coalrequirements. For the purposes of this section, "Kansas coal"shall have themeaning ascribed thereto in K.S.A. 2009 Supp. 79-32,228, and amendmentsthereto.
(b) The provisions of this section shall apply if the cost of the Kansascoal, including costs of transportation and handling at the newcoal-fired electricity generating facility, is:
(1) Competitive to the cost of the out-of-state coal supply the owner oroperator of the new coal-fired electricity generating facility is using to meetits 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 electricitygenerating facility.
This section shall not apply if the use or purchase of Kansas coal will resultin the owneror operator of the new coal-fired electricity generating facility violating itsair permit or acontractual obligation to which the owner or operator is subject.
66-1280.New coal-fired electricity generatingfacility; purchase of Kansas coal required; exceptions.(a) Any new coal-fired electricity generating facility inKansas, construction ofwhich commences on or after the effective date of this act, shall purchaseKansas coal for atleast 5% of its coalrequirements. For the purposes of this section, "Kansas coal"shall have themeaning ascribed thereto in K.S.A. 2009 Supp. 79-32,228, and amendmentsthereto.
(b) The provisions of this section shall apply if the cost of the Kansascoal, including costs of transportation and handling at the newcoal-fired electricity generating facility, is:
(1) Competitive to the cost of the out-of-state coal supply the owner oroperator of the new coal-fired electricity generating facility is using to meetits 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 electricitygenerating facility.
This section shall not apply if the use or purchase of Kansas coal will resultin the owneror operator of the new coal-fired electricity generating facility violating itsair permit or acontractual obligation to which the owner or operator is subject.
