The Net #2
Kansas Legislative Network News
January 23, 2009
Tom Thompson
Legislative Coordinator
Sierra Club Kansas Chapter
5001 Rock Creek Lane, Mission, KS 66205
Phone: 913-236-9161; cell: 913-687-2405;
email: tomnthompson@sbcglobal.net

Slowly I turn, Step By Step, Inch by Inch…

As the legislative session progresses, this is how it seems to be revealing itself. I really don’t mean to compare what is going on in the legislature to a Three Stooges movie but sometimes it seems to be that way. Of course the heading is a quote from those guys.

Most of the legislative committees have been rather quiet. Of course the committees dealing with budgetary issues have their work cut out for them but the House Utilities Committee is very active. It is revealing itself slowly but surely, piece by piece. The 30 something bills that will eventually be worked on are having hearings 8 or 9 a week, which is a lot. The bills tend to be short each revealing what might eventually happen. Many are pieces of last years Holcomb bills.

This past week, I testified on three of nine bills. The other six tended to be administratively oriented allowing things like Kansas Electric Transmission Authority to charge fees and to set time tables for KCC hearings. There is concern that some projects are being held up because things like applications and appeals take too long. In some cases there are no time requirements. Of course agencies indicate the lack of staff or the time it takes to get information to make informed decisions.

On Wednesday I testified in support of HB 2013 establishing a Renewable Portfolio Standard for Kansas.  This RPS was based on nameplate capacity of renewable energy facilities rather than actual generation but was a move in the right direction. The RPS was for 10% by 2010, 15% by 2015 and 20% by 2020. A point was made in my testimony that the Sierra Club supported this legislation but if  it were combined with language allowing a coal fired power plant to be built, such bill would be opposed.  2013 had broad support though opposed by the Citizens Utility Ratepayers Board (CURB) who questioned whether it was good policy because it could result in an increase in electric rates.

Testimony for two bills was given on Thursday. HB 2015 legislated conservation and efficiency efforts for state buildings, transportation and appliance purchases. This bill was also presented last year and was made part of the Holcomb legislation. I testified in support of 2015.

HB 2016 was heard next. The purpose of this bill was to set standards for sulfur dioxide, oxides of nitrogen and mercury for new coal power plants. These standards were put into the legislation taking away the authority of KDHE to do evaluations for Maximum Achievable Control Technology for Mercury or for Best Available Control Technology for sulfur and nitrogen. Because of this the Sierra Club opposed 2016. Testimony was begun by saying the best way to control toxins was by not building coal power plants.

In the first KLN this year I said that the House Utilities Committee would be hearing about 35 bills. All of these need to have hearings before turn around day which right now is scheduled for February 28 but may be changed to the 21st. It is apparent that many bills will be on similar topics. There will most likely be more than one RPS and more than one net metering bill. To deal with this the Senate Utilities Committee announced it is forming a sub-committee on Net Metering. The House Utilities Committee is forming four sub-committees. These four committees will be on Renewables, Kansas Corporation Committee, Greenhouse Gases, and Energy Efficiency. In the House Utilities Committee subcommittees are to meet on Friday mornings. Subcommittees are to look at bills then piece together pieces of legislation into one that they can recommend to the committee. We will have to watch these committees to what develops.

The legislative directories began to be distributed Thursday. If one is able to get one, I am not certain how accurate they are. One can only receive one copy if the go to the Document Office on the fist floor of the Capitol. Unfortunately, the legislative web site has yet to be updated.

Next week will be the first full week of the legislature although pro forma days are still planned for Friday. Although we are constantly re-evaluating bills it looks like we will not be supporting any bill next week. HB’s 2038, 2043 (wind) and 2051(solar) will probably be opposed. 2035 is being closely evaluated. HB 2038 has a number of issues written into including an RPS. However, it is written with a number of ambiguities and bad policy. 2043 and 2051 are net metering bills. The Sierra Club supports one meter net metering which these are not.

Next weeks current (they are frequently updated) House Utilities schedule is:

Energy and Utilities
Renae Hansen, Assistant - Ph 6-7670
9:00 a.m. Docking Room 783
Monday, January 26
Presentation By:
Ray Hammarlund, Kansas Corporation Commission
Hearings on:
HB 2033 - Requiring utilities to become members of the climate registry.
HB 2034 - Requiring utilities to develop means of reducing greenhouse gas
emissions.
HB 2038 - Establishing fossil-fuel electric generation standards and evaluating
renewable, distributive generation and transmission technology.
Tuesday, January 27
Hearings on:
HB 2027 - Granting cities’ power to relinquish authority over natural gas and
water utilities.
HB 2021 - Listing factors to be weighed by the state Corporation Commission
when granting a certificate of public convenience to an electric utility.
Wednesday, January 28
Hearing on:
HB 2035 - Permitting members of large electric cooperatives to elect to be
exempt from regulation by the KCC.
Sub-Committee meeting on KCC issues, Vern Swanson, Chair Noon - 1:30 p.m. Room 785, Docking State Office Bldg.
Possible discussion on:
HB 2012 - Establishing a deadline for the court of appeals to decide appeals
from administrative orders of the state corporation commission.
HB 2014 - Granting authority to the Kansas Electric Transmission Authority
(KETA) to establish and charge reasonable fees for use of facilities owned,
financed or administered and services rendered by KETA.
HB 2017 - Establishing a deadline for decisions by the state corporation
commission.
HB 2021 - Listing factors to be weighed by the state Corporation Commission
when granting a certificate of public convenience to an electric utility.
Thursday, January 29
Hearings on:
HB 2020 - Establishing the renewable energy incentive program.
HB 2043 - Establishing the net metering and easy connection act for wind
generation.
HB 2051- Establishing the net metering and easy connection act for solar
generation.
Friday, January 30, 8 am - Noon Room 783 Docking State Office Bldg
Sub-Committee agendas to be announced.

Yes I did watch the Three Stooges on TV as a youngster. Though I need a bit of humor to help me lobby, one should not compare the legislature to the Three Stooges. What it does is far too serious.

Tom

Tom Thompson
Legislative Chair
Sierra Club Kansas Chapter