Climate and energy

Recap on yesterday – what exactly happened in the House Energy and Utilities Committee as they worked HB 2711, which they dumped into Senate bill 327 (another gut and go occurred, just like in the Senate on Monday when they dumped a stripped down SB 515 into HB 2066 (.pdf), which is being debated on the Senate floor this afternoon). Bremby was speaking in the Senate at the same time as the House Committee met, actually, so I did miss that (LJWorld). Oh for a clone.

Before getting into the details, just the broad strokes: Two very different things have happened with what were originally identical bills. The Senate stripped out everything but permission to build Holcomb, regulatory restrictions on KDHE, and net metering for solar. In effect, they created a stick. The House did strip some things (see below) but in effect they dumped in everything but the kitchen sink, trying to create a carrot.

Now – is the stick a real stick – or if it is used, can it be guaranteed that the entire state of Kansas won’t end up knocking itself upside the head instead of just clobbering KDHE? And is that carrot really something you want in your mouth? Those are some of the decisions that your state government now faces.

To summarize yesterday, since the transcript was long and the hearing got pretty interesting in parts: Well over 20 new amendments were tacked on to the House bill (and the revised language might be online by this afternoon). The permission to build Holcomb is still in there, as in the regulatory language re KDHE, and the solar net metering (although slightly changed).

Some of the more interesting amendments:

The regulatory restrictions on KDHE were eased slightly, with the goal of not making Kansas an non-compliant state under the federal Clean Air Act. If this occurred, EPA standards would take over. The federal Clean Air Act currently allows states discretion in some of what Kansas enforces. If the legislation made KS strictly compliant with all federal standards, then KS would have to enforce the entire act.

Most of the energy efficiency requirements for schools are out.

A big chunk of the original mitigation is out (most of Sections 10-12). However, “affected facilities” are now – required? strongly urged? – to use “available best practices” of carbon capture and sequestration (CCS). Who are these facilities, exactly, how does one define best practices… dunno. There seems to be some debate.

There is now a nameplate Renewable Portfolio Standard (RPS) included. It is phrased as an incentive, not really as a requirement, since there seems to be no enforcement mechanism. Utilities (and which utilities was unclear) would have to generate 10% of their electricity portfolio from renewables by 2010 and 25% by 2025. There was also a requirement for KCC to allow an additional 1% return on investment for projects that were started with the goal of complying with the RPS. An amendment to require an 8 percent reduction in peak demand by 2010 and 20 percent by 2025 failed.

The mission of the Kansas Electrical Transmission Authority (KETA) was expanded, some say greatly.

The language that would have allowed the unintended consequence of all utilities being able to deregulate and escape the jurisdiction of the KCC was removed, although it is evidently different than the Senate version of same.

The energy commission looks totally different. The Kansas Energy Council more or less got panned as an effective body for providing policy suggestions. As a substitute, a much smaller group made up of a wide range of scientists (including climate scientists) and engineers plus one or two legislators will take over the job of providing good information on climate and energy and suggesting future energy policy. Rep. Sloan, who drafted this amendment, stated that Kansans do not currently trust their legislature to have a sound grasp on the current science.

HB 2066 hits the Senate floor later this afternoon, and CEP should hopefully be there. This morning I took a long walk with the dogs over the frozen hills of Jeff County, and managed to drink a whole cup of coffee at my desk instead of while roaring down I-70. I think I’m ready.

And before we leave, a public service announcement – tomorrow is Valentine’s Day. If you have a significant other (or parent, or grandparent, or other loved one) to whom this occasion matters, now is the time to act.