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Kansas Energy Legislation

On May 22, 2009, Kansas Governor Mark Parkinson signed into law the Senate Substitute for H.B. 2369, which includes a renewable energy standard, net metering provisions, and various other energy efficiency and energy-related provisions. The Renewable Energy Standard mandates that utilities (excluding municipal utilities) obtain 10 percent of their energy from renewable sources by 2011, 15 percent by 2016, and 20 percent by 2020. Renewable sources include wind, solar thermal and solar photovoltaic, various biomass sources, methane from landfills or wastewater treatment facilities, existing hydropower and new hydropower of 10 megawatts or less, and fuel cells using hydrogen produced from renewable sources.

The legislation also requires that investor-owned utilities make net metering available to customers. Net metering allows customers with on-site generation to feed into the electric grid and then pay the utility for the net amount of electricity consumed. The provision allows net metering for residential consumers with up to 25 kilowatts of capacity and commercial and public facilities with up to 200 kilowatts; utilities must offer net metering until net metered systems account for at least 1 percent of the utility’s peak demand from the previous year. Kansas had been one of six states without a net metering program.

In addition, the legislation includes a variety of energy-related provisions, such as the use of energy-efficient appliances in state facilities and the use of funds from the American Recovery and Reinvestment Act of 2009 for energy efficiency, energy conservation, and other programs. The legislation also includes a number of amendments to the Kansas Air Quality Act, one of which directs the Secretary of Health and Environment to approve an air quality permit for a new coal-fired power plant. This amendment comes as part of an agreement following several court cases regarding the permitting of two new 700-megawatt coal-fired plants. The agreement allows a single 895-megawatt plant to be constructed, contingent upon the legislature’s approval of this comprehensive energy bill. 

Press Release
Press Release for Governor’s agreement
Senate Substitute for H.B. 2369
Renewable Portfolio Standards
Net Metering