The Net #4
Kansas Legislative Network News
February 7, 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

Holcomb Hits

The Heart of the Holcomb bills from last year was presented in the House Energy and Utilities Committee on Wednesday in HB 2182. This was the low point of the week since the Sierra Club was in support of bills the other days of the week.

In a nut shell 2182 allows for an increase in the production and emission of carbon dioxide in Kansas. This is done by limiting the authority of the Secretary of KDHE to regulate clean air to what is regulated by EPA. It tells the Secretary that he”, …shall not deny or delay the issuance of such permit when the requirements of this act have been met.” It goes on to say that”, any application filed after January 1, 2006, and before the effective date of this act…shall be reconsidered by the secretary…” Thus the Holcomb permit would have to be reconsidered. There is currently no lipstick on this bill.

There are questions about how this bill will affect limits on mercury and other issues concerning clean air.

The Sierra Club was the only one to speak in opposition to this bill. Nancy Jackson of the Climate and Energy Project sent in written testimony in opposition but did so as a mother of two young daughters.

Mark Calcara, Sunflower’s Vice President and General Counsel spoke in support. He cited a need for adherence to the rule of law several times in his presentation along with wanting applicants to be treated fairly and uniformly as reasons to pass 2182.

Other verbal testimony for the bill came from the Kansas Chamber and Allie Devine who said she represented a coalition of businesses outlined by the Kansas Chamber testimony. Ms. Devine backed up the testimony by Sunflower and The Chamber then talked a lot about cattle since she usually represents the cattle industry in the agricultural committees.

It should be noted that the intent of House leadership seems to be to pass this bill before what is called turnaround. This is when bills in the House go to the Senate and vice versa. The date for this is February 21, which is in two weeks. In this time, bills need to pass committees and be passed on the floor of the chamber in which they are. Of course there are always other ways to perpetuate the life of a bill if leadership desires. One way is by amending bills not acted upon into ones that have been. Another is to “bless” a bill by running it through a committee exempt from the turnaround rule. This only takes about a day to do in which case a bill can go back to the original committee. Exempt committees are essentially the same in both houses and are Tax, Appropriations/Ways and Means and Federal and State Affairs Committees.

The message here is that 2182 could be passed in the House within the next two weeks. Talking to legislators, especially in the House, is critical at this time.

HB 2127 Renewable Energy Standards Act

On Tuesday the Sierra Club testified in favor of HB 2127. This is the Renewable Energy Standards Act and reportedly was written by the Governor’s office. This bill included an RPS of 20% by 2020, true net metering using one meter, and energy efficiency for state buildings. It also had a mechanism for new technology to be considered renewable for inclusion the RPS.

2127 had significant verbal support from the Sierra Club, Climate and Energy Project, Westar, KCPL, and the Wind Coalition. Opposition came from KEPCo, Sunflower’s Earl Watkins, Citizen’s Utility Ratepayer Board, and the Nature Conservancy. NC was concerned about unintended consequences.

The Sierra Club was hopeful that 2127 would move forward as written. However, it was also concerned that it could become the lipstick for 2182. This especially seemed possible when 2127 was assigned to Rep. Knox’s subcommittee on renewables.

On Friday, this subcommittee was told to use 2127 as the base bill for energy. Rep. Knox suggested that aspects of 8 previously heard bills could be added to 2127 or taken away. 2182 was not one of these. The goal of the committee was to recommend the resulting amended 2127 to the House Utilities Committee next week for consideration. The ensuing hearing lasted just over six hours. Rep. Sloan made 25 amendments while the rest of the committee proposed about the same. At the end, Rep. Margaret Long summed things up when she indicated that too much had happened to the bill to really know what it had become. She moved to table the bill. The motion passed leaving the subcommittee without a recommendation.

2127 in six hours had the energy efficiency parts stripped because they were being considered in the subcommittee on energy efficiency, the net metering section was no longer really net metering and the RPS was significantly changed. It is hard to guess what will happen next.

HB 2116 on biennial reporting and development of enhanced energy efficiency and load management programs.

On Monday, Sierra Club testified in support of 2116, which was a one-page bill that directs the KCC to make biennial reports on current capacity and peak load for electric public utilities. It further directs public utilities to develop enhanced energy efficiency and load management programs. These programs are to include providing technical assistance and incentives to customers. The Sierra Club and KCPL were supportive while CURB and Westar were neutral but had suggestions.

HB 2224

Compressed Air Technology took center stage on Thursday when HB 2224 was heard. This bill directs KCC to establish rules and regulations establishing requirements, procedures and standards for the safe and secure injection of compressed air into storage wells. Furthermore, KCC to establish fees for permitting, monitoring and inspecting operators of compressed air energy storage wells and underground storage. This includes penalties for violating rules and regulations.

There was no opposition to this bill. Ray Dean, Joe Spease, Sierra Club and Sunflower all testified in favor. Tom Day from the Kansas Corporation Commission testified that he wasn’t testifying. He said that this technology was new and they did not have a chance to have information about it or to formulate an opinion. This bill could help wind energy become a bigger part of electric base load thus helping its development.

Next week

I am not including next weeks House Utilities Schedule because, except for a telecommunications bill, there are no bill hearings scheduled. Committee meetings are all listed as action to be taken on previously heard bills. That means that bills in committee will be looked at for amending, passing or rejecting. The schedule can be amended at anytime.

The Senate Utilities Committee has no energy bill hearings listed either. However, it too has a subcommittee chaired by Sen. Mike Peterson. This subcommittee is on net metering. No bills have been assigned to it although it will be looking at the topic of net metering this Monday and Tuesday at 1:30. It will be interesting to hearing the direction of the discussion.

Another meeting of note is a joint committee consisting of 12 members of the House and Senate and meets year round. The Chair is rotated between the two houses and is currently Rep. Carl Holmes. It is called the Administrative Rules and Regulations Committee. It will be meeting next Friday, February 13 at 1:30. This committee reviews all rules and regulations developed by various state departments. It is thought that on Friday, rules and regulations concerning CO2 will be presented. The agenda has not yet been published.

On Wednesday, during the hearing on 2182, Rep. Joe Seiwert talked about me in a disparaging way. As he complemented Mark Calcara for the work he did on behalf of Sunflower, he said though I probably used Sunflower services, I worked diligently to put them out of business. Also at that meeting I was taken to task by Rep. Sloan for saying 2127 was meeting the needs of a special interest when I represented a special interest. After saying I thought anyone who spoke before the committee was a special interest I indicate I thought Earl Watkins considered Sunflower to be special. Perhaps these remarks indicate that the Sierra Club and those opposing Holcomb are making an impression. All of us need to keep up the pressure. Critical votes are coming and could come soon.

Tom

Tom Thompson
Legislative Chair
Sierra Club Kansas Chapter