Details of the energy bill approved Friday by legislators and sent to Gov. Kathleen Sebelius:

SUNFLOWER CHANGES

-- The provisions are a response to the October decision by Rod Bremby, secretary of health and environment, to deny a permit to Sunflower Electric Power Corp. for two 700-megawatt coal-fired power plants outside Holcomb.

-- The secretary would have to reconsider any decision made on a permit application submitted between Jan. 1, 2006, and the day the legislation takes effect, if that permit is still subject to administrative or judicial proceedings. Sunflower's permit application fits the description.

-- The utility would have 60 days to reapply for its permit, and the secretary would have 15 days to act.

-- The secretary could not reject a permit when all requirements of the state's existing air-quality laws have been met by a utility. Such a provision would require Bremby to approve a permit for Sunflower.

-- The new plants would have to meet specific standards for controlling nitrous oxide and sulfur dioxide.

-- The secretary could not use any "emergency" powers granted to him to deny an air-quality permit. Bremby relied on an attorney general's opinion saying such power allowed him to deny a permit.

-- The secretary could not impose air-quality standards stricter than those in federal law without legislative approval.

RENEWABLE ENERGY

-- For investor-owned utilities and electric cooperatives, renewable resources, such as wind, must account for 10 percent of electric generating capacity by 2012, 15 percent by 2016 and 20 percent by 2020.

-- If utilities own wind farms or purchase power from wind farms, they must create programs under which customers who pay an extra charge are guaranteed to get power from those wind farms.

POLLUTION CONTROLS

-- In the event the state or federal government imposes regulations on carbon dioxide emissions, each fossil-fuel burning plant with a capacity of more than 25 megawatts that began operating after Jan. 1, 2008, must use the best available control technology to capture CO2. However, constant upgrades as technology changes are not required.

-- The secretary must adopt rules requiring coal-fired plants that begin operating after Jan. 1, 2008, to eliminate 80 percent or more of the mercury from its coal.

-- Each year, the department and the Kansas Corporation Commission, which regulates utilities, must identify all utilities with more than 350 megawatts of coal-fired generating capacity and CO2 emissions that exceed the statewide average by more than 10 percent.

ENERGY EFFICIENCY

-- The state provides income tax credits for 2008 and 2009 to landlords who make homes, duplexes or apartments they rent more energy efficient. The tax credit would be $100 for each apartment located "immediately below the attic" in which insulation is upgraded and $300 for each rental home in which new heating or air conditioning systems are installed. Supporters expect the credits to total between $2.5 million and $3 million a year.

-- Office products and equipment purchased by the state must meet efficiency standards set by the federal government, if energy savings made their use cost-effective.

-- The Department of Administration must collect data on energy consumption and costs for all property owned and leased by the state and submit a report to the 2009 Legislature. The goal is to identify locations using excessive energy.

-- The state could not lease space or renew a lease on property not owned by the state unless the owners conducted an energy audit.

-- The KCC is "strongly encouraged" to increase participation by school districts and local governments in a program to make their facilities more energy efficient. The KCC also will "strongly encourage" state agencies to participate by Dec. 10, 2010.

-- State buildings constructed or after July 1, 2009, would have to meet energy efficiency standards at least 10 percent lower than those established by the American Society of Heating, Refrigerating and Air Conditioning Engineers.

-- The same efficiency standards would apply, where possible, to buildings renovated after that date. Those standards also would be mandated for new school and municipal buildings.

ENERGY CONSERVATION

Utilities are encouraged to undertake programs to help customers cut electricity use. If a utility starts a program approved by the KCC, the commission shall allow the utility increase rates to recover its costs.

NET METERING

The following provisions apply to utility customers who have solar-powered generating systems with capacities of 100 kilowatts or less.

-- For such customers, a utility must make available a program for "net metering," available if the applications for a program come from customers who consume 1 percent or more of the utility's power during a peak service hour.

-- In such a program, a utility must measure how much power a customer uses against how much power that customer's solar-powered system generates. If the net figure is positive, the utility would bill the customer for that amount. If it is negative, the customer would receive a credit for 1.5 times the energy cost avoided by the utility.

ELECTRIC COOPERATIVES

-- Any member-owned company formed before 2004 to sell electricity, or any limited liability corporation owned by four or more electric cooperatives to sell electricity to retail or wholesale customers, can exempt itself from state regulation of its rates, unless its customers file a petition with the KCC.

-- Such an exemption must be approved by a cooperative's members.

-- Such provisions now apply to cooperatives with fewer than 15,000 customers.

STUDY COMMISSION

-- A 15-member Kansas Electric Generation, Science and Technology is established.

-- Its members will include six legislators and six appointees by legislative leaders. Also, the governor will appoint one member, and the KCC's chief of energy operations and the director of the state Division of Environment will serve on the commission.

-- Seven members must have expertise in climatology, greenhouse gas regulation, energy conservation, electric generation or renewable energy.

-- The commission would study issues related to electric service and submit recommendations to the 2009 and 2010 Legislatures.

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Source: House Sub for SB 148.