66-1248. Agreements to finance and install energy conservation measures; cost recovery; liability and limitations thereof.
66-1248
66-1248. Agreements to finance and install energyconservation measures; cost recovery; liability and limitationsthereof.(a) Electric and natural gas public utilities, as defined inK.S.A. 66-101a and 66-1,200, and amendments thereto, may enter into agreementswith customersand landlords of customersfor the financing of the purchase price and installation cost ofenergy conservation measures by such utilities.
(b) Such utilities may recover thecost of such financing and related program costs through tariffs approved bythe state corporationcommission pursuant to K.S.A. 66-117, and amendments thereto, and paid for bythe customers benefitting from the installation of the energy conservationmeasures.
(c) Except as otherwise required by thestatecorporation commission,through the approved tariff or otherwise,such utilities shall assume no liability for theinstallation, operation or maintenance of such measures, and shall not provideany warranty as to the merchantability of the measures, or its fitness for aparticular purpose, and no action shallbemaintained against any such utility the basis of which is such liability orwarranty.
(d) Nothing in this section shall be construed to limit any rights orremedies of utility customers and landlords of utility customers against otherparties to a transaction involving the purchase and installation of energyconservation measures.
History: L. 2007, ch. 58, § 1; July 1.