The Net #6
Kansas Legislative Network News
February 21, 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

Legislature Advances Global Warming

The Kansas Senate and House have advanced bills that increase emissions of carbon dioxide contributing to global warming. The House placed Substitute for HB 2014 on General Orders to be debated in House Chambers a week ago whereas the Senate began hearings on SB 265 on Wednesday and will continue the hearing next Wednesday.

House Global Warming Bill, Substitute for HB 2014

HB 2014 was reported in KLN#5 last week. It was put on what is called General Orders (GO) to be debated in House Chambers by the Committee of the Whole (COW) whenever House leadership decides. This will probably be either when they think they have enough votes for an eventual veto over ride or when time is running out.

When a bill is on GO in either chamber, it is put on a list with other bills for consideration. In the House, if it goes above “The Line” on the Calendar, it is to be debated and amended that day. In the Senate it is the similar but instead of “The Line” the Senate Calendar indicates the “Anticipated End of Debate Calendar.” If it passes GO it is placed on Final Action (FA).  In FA there is a vote where the bill is passed or it fails. One can vote one way in GO and the other in FA. Not all GO votes are recorded but all FA votes are. These abbreviations and terms are the ones you will see if you download a daily legislative calendar or journal, one for the House and one for the Senate.

It was thought that 2014 would be worked in GO and voted on in FA before today, which is turnaround day. This did not happen so 2014 has been sent to the exempt Appropriations Committee to be “blessed.” Then it will be returned to GO.

Only bills that have passed in the House or Senate or bills that have been in exempt committees (blessed) can continue being considered after today. However, anything, even bills that have not been through exempt committees, can be amended into other bills. That is where many “substitute” bills come from.

Until it is debated and voted on, 2014 will be watched closely.

Senate Global Warming Bill, SB 265

SB 265 was introduced at the end of last week. Hearings for it began this past Wednesday in the Senate Utilities Committee. It originated in the Senate Ways and Means Committee, which is an exempt, committee allowing it to stay “alive” for the rest of this session.  The Senate Utilities will continue working on the bill next Wednesday.

SB 265 is a much shorter bill than Substitute for HB 2014 but is expected to be amended when the committee is allowed to consider it for passage (I often say a bill is being worked at this time). It could end up looking a lot like 2014. Both bills alter the authority of the Secretary of KDHE and allow the Sunflower permit to be reconsidered so that the Sunflower coal fired power plant can be built. In testimony, Sierran Walt Chappell referred to this as the “poison pill” in testimony.

SB 265 does have some green aspects to it. It includes energy efficiency for state buildings and purchases and it has an RPS of 10% by 2013, 15% by 2017 and 20% by 2021 based on peak load. It also has a net metering section that pays customer generators for excess electricity at 150% of avoided costs.

The Sierra Club testified against SB 265 because it allows for the permitting of Holcomb. It also indicated that the net metering section was inadequate, that the Sierra Club supported one meter net metering where the meter runs backward and forward and the customer generator is paid retail for excess generation.

The Sunflower representative also asked for an amendment where electric coops could remove themselves from the authority of the KCC. As with HB 2035 which was amended into 2014, the Sierra Club testified that it opposed adding such an amendment. This would remove KCC oversight at a time when Holcomb might be built, a cap and trade system could be implemented, it is uncertain how much Holcomb would cost or what the interest would be on a loan. There were many unanswered questions that ratepayers could benefit from KCC instead of allowing self-regulation.

Supporters of SB 265 included the Sunflower Electric, Associated General Contractors of Kansas, The Kansas Chamber, Kansas Livestock Authority, Finney County Economic Development Corp., Kansas Electric Cooperatives, Department of Defense as a member of the National Conference of Commissioners on Uniform State Laws, The Wind Coalition and Horizon Wind Energy. The last two were pushing for the RPS and maintaining it so that it would not be weakened.

Opponents included the Sierra Club, Protect the Flint Hills, CURB (against net metering and RPS), Kansas Rural Center, and Walt Chappell. The Climate and Energy Project was a neutral testimony as was the Kansas Department of Administration.

In almost all my testimonies this year I have indicated whether a bill increases or decreases the CO2 being emitted into the air and whether the bill contributes to global warming. With 265 I said the primary purpose of the bill was to allow more CO2 to be emitted so that Holcomb could be built. Climate change is real and it is time to do something about it. I further indicated that the RPS and energy efficiency parts of 265 were not enough to compensate for all the carbon dioxide that will be produced should Holcomb go on line. 265 would contribute to global warming.

The future of these bills is uncertain. What is certain is that legislators need to continue to hear from their constituents. They need to know that you are against these bills that would allow Holcomb to be built. Tell legislators you are against carbon dioxide being emitted into the atmosphere and believe it is time to do something about climate change. Vote no on 2014 in the House and 265 in the Senate.

Organizations supporting Holcomb are running phone banks to build support for 2014 now.


Next week, because legislative staff needs time for re-routing bills for turn around, the legislature will not meet on Monday. There will also be little activity Tuesday with the House having a pro forma day, meaning the gavel will be struck at 4:00 PM but the House will not go into session. The Senate is scheduled for 3:00 but doesn’t have anything scheduled to do.

Committees will start meeting again including the Senate Utilities Committee continued hearing on SB 265 Wednesday. The House Energy and Utilities won’t meet again until next Thursday when it will have a presentation on wind energy and energy efficiency. Chairman Holmes does not expect much activity for the remaining session because the Senate Utilities Committee sent them very few bills.  It is almost like starting the year all over again.

Lastly, HB 2196 will have a hearing on Friday in the House Tax Committee. This bill was in the House Utilities Committee but did not have a hearing before turnaround. It was reassigned to the Tax Committee which is an exempt committee. HB 2196 ends property tax exemptions for renewable energy after January 1, 2010. This bill also needs our attention. Members of the Tax Committee need to be encouraged to vote no on 2010. The members of the House Tax Committee are: Representatives Carlson, King, Menghini, Anthony Brown, George, Goico, Hayzlett, Kleeb, Peck, Powell, Rhoades, Schroeder, Schwartz, Siegfreid, Wolf, Benlon, Dillmore, Frownfelter, Goyle, Hawk, Lukert, McCray-Miller and Rardin.

Tom

Tom Thompson
Legislative Chair
Sierra Club Kansas Chapter