Volume 45 - Issue 12 - March 19, 2026
State of Kansas
Secretary of State
Certification of New State Laws
I, Scott Schwab, Secretary of State of the State of Kansas, do hereby certify that the following bill is a correct copy of the original enrolled bill now on file in my office.
Scott Schwab
Secretary of State
(Published in the Kansas Register March 19, 2026.)
Senate Bill No. 348
An Act concerning the state corporation commission; relating to the jurisdiction of the commission over electric public utilities; exempting any electric public utility that is a not-for-profit wholly owned subsidiary of an electric cooperative public utility from the jurisdiction of the state corporation commission; establishing certain exceptions; authorizing the customers of such subsidiary utility to petition the commission to investigate the rates of such utility; authorizing the commission to order new rates if the commission finds that such rates are found to be unjust, unreasonable, unjustly discriminatory or unduly preferential; requiring the customers of such subsidiary utility to receive notice of and be provided access to meetings concerning electric rates; providing an option for the customers of such subsidiary utility to elect to terminate such exemption.
Be it enacted by the Legislature of the State of Kansas:
Section 1. (a) Except as otherwise provided in this section, an electric public utility shall not be subject to the jurisdiction, regulation, supervision and control of the state corporation commission if such electric public utility:
(1) Is a not-for-profit wholly owned subsidiary of a corporation organized under the electric cooperative act, K.S.A. 17-4601 et seq., and amendments thereto; and
(2) provides retail electric service to customers in this state.
(b) (1) Notwithstanding an electric public utility’s exemption from the jurisdiction of the state corporation commission pursuant to this section, the commission shall investigate all rates, joint rates, tolls, charges and exactions, classifications and schedules of rates of such electric public utility if there is filed with the commission, not more than one year after a change in such utility’s rates, joint rates, tolls, charges and exactions, classifications or schedules of rates, a petition signed by not less than 5% of such electric public utility’s customers or 3% of the electric public utility’s customers from any one rate class. If, after investigation, the commission finds that such rates, joint rates, tolls, charges or exactions, classifications or schedules of rates are unjust, unreasonable, unjustly discriminatory or unduly preferential, the commission shall have the power to fix and order substitutions to such rates, joint rates, tolls, charges and exactions, classifications or schedules of rates as are just and reasonable.
(2) The rates, joint rates, tolls, charges and exactions, classifications or schedules of rates under investigation shall remain in effect subject to change or refund pending the state corporation commission’s investigation and final order.
(3) Any customer of the electric public utility that seeks to petition the commission pursuant to subsection (b)(1) may request from such utility the names, addresses and rate classifications of all the utility’s customers or the utility’s customers from any one or more rate classes. A utility, within 21 days after receipt of such a request, shall furnish to such customer the requested names, addresses and rate classifications and may require such customer to pay the reasonable costs thereof.
(c) An electric public utility exempt from the jurisdiction of the state corporation commission pursuant to this section shall provide not less than 10 days’ notice of the time and place of any meeting of the utility or the utility’s parent cooperative at which rate changes are to be discussed and voted on. Such notice shall be given to all retail electric customers of such utility. If the meeting is held by the utility’s parent cooperative, the parent cooperative shall open such meeting to the customers of such utility. Violations of this subsection shall be subject to civil penalties and enforcement in the same manner as provided by K.S.A. 75-4320 and 75-4320a, and amendments thereto, for violations of K.S.A. 75-4317 et seq., and amendments thereto.
(d) An electric public utility exempt from the jurisdiction of the state corporation commission pursuant to this section shall maintain a schedule of rates and charges at the utility’s headquarters and make copies of such schedule of rates and charges available to the general public during regular business hours. If such a utility fails, neglects or refuses to maintain copies of such schedule of rates and charges pursuant to this subsection, the commission may impose a civil penalty of not more than $500 for each such violation.
(e) Notwithstanding any provision of law to the contrary, an electric public utility exempt from the jurisdiction of the state corporation commission pursuant to this section shall not issue any dividend payments, stock repurchase or direct cash payment that is meant to transfer the equity of the electric public utility to the utility’s parent cooperative without the approval of the commission.
(f) Notwithstanding any provision of law to the contrary, an electric public utility exempt from the jurisdiction of the state corporation commission pursuant to this section shall be subject to the provisions of the renewable energy standards act.
(g) Nothing in this section shall be construed to affect the authority of the state corporation commission, as otherwise provided by law, over an electric public utility exempt from the jurisdiction of the commission pursuant to this section, including, but not limited to, the authority vested in the commission with respect to:
(1) Service territory pursuant to K.S.A. 66-1,170 et seq., and amendments thereto;
(2) certificates of public convenience and necessity pursuant to K.S.A. 66-131, and amendments thereto;
(3) charges, fees or tariffs for transmission services, except any such charges, fees or tariffs for transmission services that are approved by the federal energy regulatory commission and recovered through an open access transmission tariff of a regional transmission organization;
(4) sales of power for resale, other than sales between:
(A) An electric public utility that does not provide retail electric service in the state and is owned and governed by four or more corporations organized under the electric cooperative act, K.S.A. 17-4601 et seq., and amendments thereto, one of which corporations shall be the parent corporation of the electric public utility exempt from the jurisdiction of the state corporation commission pursuant to this section; and
(B) the electric public utility that is exempt from the jurisdiction of the state corporation commission pursuant to this section;
(5) wire stringing pursuant to K.S.A. 66-183, and amendments thereto;
(6) transmission line siting pursuant to K.S.A. 66-1,177 et seq., and amendments thereto; or
(7) petitioning for relief pursuant to K.S.A. 66-144, and amendments thereto.
(h) (1) Notwithstanding the provisions of this section, the customers of an electric public utility that is exempt from the jurisdiction of the state corporation commission pursuant to this section may elect to terminate such utility’s exemption by filing a petition requesting an election to terminate the utility’s exemption pursuant to this section. Such petition shall be signed by not less than 10% of the customers of such exempt utility and filed with the board of trustees of the utility’s parent cooperative. Notice of the proposition to terminate the utility’s exemption pursuant to this section shall be presented to a meeting of the members of the parent cooperative, which shall be open to the customers of the exempt utility and held at a location in the service territory of such exempt utility. The parent cooperative shall provide written notice to the members of the parent cooperative and the customers of such exempt utility not less than 21 nor more than 45 days before the date of the meeting. Such written notice shall include the proposition to terminate such utility’s exemption pursuant to this section and the time and location of the meeting.
(2) If the proposition to terminate the utility’s exemption pursuant to this section is approved by the affirmative vote of not less than a majority of the customers of such exempt utility voting on the proposition, the parent cooperative shall notify the state corporation commission in writing of the results within 10 days after the date of the election. Voting on the proposition to terminate the utility’s exemption pursuant to this section shall be by mail ballot. An election pursuant to this subsection may be held not more than once every two years.
Sec. 2. This act shall take effect and be in force from and after its publication in the Kansas register.
Doc. No. 053982
