Climate and energy

Location: Kansas Capitol, Topeka KS - mainly the House Chambers, but we will probably listen in on the Senate.
Time: House convenes at 10:00, Senate at 11:00
Issue: Sunflower Electric’s proposed 1400 MW of coal-fired generation, and the role of the KDHE Secretary in protecting Kansans’ health and environment

Bills/ Legislative Action:

- House leadership is on record in the newspapers as promising to call for the veto override vote today, probably on SB 148, the second Holcomb bill, which originally received 83 votes in the House. 84 are needed for a veto override. - A new trailer bill on the Sunflower issue -Senate Substitute for House Bill 2802- was passed in the Senate last night. Here is the summary, here is what was passed out to the Senate, but it was amended after that. You will note the draft quality of the legislation. - If you have only recently come to this issue, check out CEP’s FAQ’s on the Kansas Coal Controversy. - If you would like to contact your legislators, here’s the House roster and Senate roster. For how the House members voted the last time coal legislation came to the floor, please check here. Here are also some tips for how to effectively communicate with legislators. - Please hit your refresh button during the day to check for updates. - 99.9% of this entry is hidden below the surface - be sure to hit the “read the rest of this entry” link to see the full, er, glory

Summary/ Action: 9:17 pm - THE VETO IS SUSTAINED, 80-45. The trailer that was passed is dead. SPECIAL NOTE: The House Leadership is now apparently planning to “reconsider” the veto vote tomorrow. This means they will do it - all over again. Probably in the morning.

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Back again? Yep, yep. Here we are. Eventful day yesterday, and I feel sure we don’t even know a fraction of it. It does appear that a number of votes - on both sides of the coal controversy - possibly went a leetle bit haywire.

Was it all talk? Will anyone really walk? Guess we’ll find out later today. No idea if the deck of cards really has been reshuffled significantly or not.

Rumors aside, this is a fantastic time to contact your legislator (yet again). The response has been incredible, folks - and all those people who came to the Capitol yesterday, for Pack the Capitol - your spirit still remains strong within these walls today.

Pretty cool.

So, right now - take a break (after contacting your legislator to offer positive support and or constructive comments. I bet some of you now feel like you are in a relationship with this person!). Sip some coffee. Check back in later.

FYI - Tomorrow the KU men’s basketball national championship team is coming to the Capitol!!!!!!!!!!!!! They will meet with the Governor and be recognized by both House and Senate. I believe the KU football team, winners of the Orange Bowl, will be coming as well.

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10:00 a.m. We are waiting in the House. The parties are caucusing right now, which means that the Chamber is still pretty empty of Representatives. Lots of other folks, though - a large tour group of families from a Mennonite community just left, and energy lobbyists are filtering in. One or two other lobbyists. The pages are on the floor. I am always cheered by how kindly everyone treats these young kids. One young man - maybe about age 13 - is wearing a three piece suit! He looks great. Gavel crack. Here we go. Prayer said, pledge said. Chamber still pretty empty of reps. We wait. This gives everyone even more time to gossip. And count noses. For how few people are actually on the floor right now, the overall buzz in the Chambers is pretty loud. In particular, among the representatives missing are the Democrats on the House Energy and Utilities Committee. 10:14 And here they all are. Chamber is still at ease. Loud. Clerk takes attendance. On point of personal privilege, House recognizes Southeast Golden Buffalos, high school state 6A basketball champions (I think they’re from Wichita?). Yay basketball! (Yes. Even in the middle of a coal controversy, Kansans are still obsessed with basketball. Personally, I have no problem with that.) 10:33 Senate’s veto override of SB 148 (the second coal bill) is read into the record, and so is the Governor’s original veto message. So is her veto message on the abortion bill. Possibly both of these vetoes will be considered today. Sen Sub for HB 2802, the third coal bill that the Senate passed last night, is also read into the record. This means that all of these can be considered for action today (if other rules are waived). 10:38 The House “resolves into the Committee of the Whole” - to consider part of the budget bill, which is first under General Orders. Ouch. FYI - what happens on this bill, the abortion veto, and whatever else - will probably have a bearing on the third coal bill and the attempted veto override of the second coal bill, SB 148. If anyone is wondering what happened to a veto override attempt on the first coal bill, SB 327 - well, who knows, but SB 148 was presented as a greener alternative, which got more folks to vote for it than for SB 327 - so perhaps SB 148 is considered the better shot. 11:26 What is happening? On the face of it, a budget bill is happening. If you look around, though, it appears that major stalling is happening while various folks get called over to talk to other folks. Lots of action in the back hallway. A few parties really, really working the room. On what particular issue, I don’t know. The head guy has had to ask for quiet at least twice, because no one can hear what’s actually going on with the budget bill that is currently on the table. 11:51 same old, same old. I had heard that the House was going to run the Sunflower trailer bill this morning, then try for a veto override this afternoon - but my stomach thinks this won’t happen before lunch. My head says - what makes you think they will TAKE a lunch? My ethics say - or course democracy is more important than lunch. Stomach says - really? 12:21 While sitting here, bored, we are poring over the new coal bill - and, we finally found the little bitty line that says that the new trailer, if passed, will only go into effect if SB 148 is overridden. So, yes, the override attempt will most likely be on SB 148, not SB 327. We also think that the override clock on SB 327 expires on Saturday, anyway. 12:36 The energy lobbyists all went to lunch. Wah! CEP and Sierra Club are still sitting here. Still on the budget bill, on yet another amendment. Interesting point - this bill is one of the BIG reasons that representatives are all back here for the wrap-up session. It is part of the omnibus bill. 1:10 whole lotta nothing. 2:22 You didn’t imagine it. Big long stretch where nothing happened. Still on the budget.

NEWS FLASH (small one) - A supplemental note (or descriptor) is now posted online for the Sunflower coal trailer bill, Sen Sub for HB 2802. The actual bill does not yet appear to be online.

BOREDOM BREAK - check out some of the news coverage of yesterday’s action.

From the Wichita Eagle/ AP: “Coal Plants Fate Rests on Side Deal.” The headline refers to the trailer bill, whereby Sunflower Electric offers an interesting carrot to BPU (remember a while back, when instead BPU almost got whacked with a stick, during the infamous carbon tax episode of this continuing drama?). Without having the transmission lines yet constructed to deliver the power to northeastern Kansas, Sunflower is offering to sell power from the proposed western KS Holcomb plants to BPU. BPU is of course located in Wyandotte County, and the Wyandotte County delegation has been solidly against the coal plants.

BPU’s reaction: “And Kansas City’s BPU didn’t embrace the trailer bill, either. Lobbyist Joe Dick said legislators who support Sunflower’s project approached him Tuesday but wanted a quick answer. He said the BPU would have to consider many issues, including the cost of the new power. ‘To make that decision takes a lot more study - I’m talking weeks of study,’ Dick said. ‘They gave me about six hours.’”

Here’s David Klepper, for the KC Star - “Lawmakers, Sebelius position on coal veto vote: More green lipstick”

Tim Carpenter, Topeka-Capitol Journal “Coal: Sebelius says no, Senate says yes”

3:23 Are they - are they done with this budget bill…? Oh dear. The nays have it. There is a call of the House to confirm. What they spent their entire day on - might have to have to go back to committee. There’s a ten vote margin right now. Now eight.

Part of why this matters - as the ruling party, it is the Republicans’ responsibility to get the budget through. If they don’t have the votes, it may be seen as a sign that the Republicans don’t have themselves all on the same page.

3:37 The call of the house continues. Theories are flying around like crazy. My very favorite so far: They are trying to get Kelly here via Highway Patrol so they don’t have to wait around for her on the energy bill. She of course just had an emergency C-section. This is a fringe theory. The other theory is simply that stalling is going on and they are using Kelly’s (highly understandable!) absence as an excuse.

Whatever it is - the delay did the trick. 64 in favor, 60 against, the budget now PASSES.

3:50 And the House has now recessed until 6:00 p.m. tonight. PROBLEM: I have (had, boo hoo) Steve Earle tickets for a show at 8:00 pm tonight. 5:40 Back at it. Right now, the parties are caucusing. The big news, though, might be the weather forecast. Severe thunderstorms are coming our way - and my favorite meteorologist, with 103.9 Kanzaland radio! even said the “T” word.

No, not Topeka - tornado. He specifically said there was a chance for an “isolated tornado.”

So. Keep your weather radios on, and every once in a while, stick your head out and check for the weird greeny-yellow half-light that usually comes along with one of those, OK? Head to the basement if there’s any sign or sound of trouble.

Here’s the National Weather Service NOAA link for warnings and watches in Kansas. The Capitol is in Shawnee County - and it looks like we are now under a tornado watch. Here’s the WikiHow on how to survive a tornado. Not being alarmist, just being prudent. And you may as well read it because the House isn’t doing anything right now, anyway.

Also please keep in mind… storms can disrupt electricity. Electricity disruption equals internet disruption equals no blog. I just mention it.

5:55 Where is everyone? They’re supposed to reconvene at 6:00. Scott Rothschild of the LJWorld has a news article up about tonight’s vote.

What happens in the Capitol if the tornado sirens go off? Everything shuts off and we all head to the basement. Lickety-split, just one big happy family! What timing.

6:28 and they are voting, just like that, on the conference committee report for the trailer bill HB 2802. 82 for, 35 against, motion prevails. Motion to concur now on the table. Rep. Carl Holmes, chair of House Energy and Utilities, to speak in favor of concurring with Senate. He explains the bill, including the proposed deal with BPU (that BPU would still have to agree to - the actual power purchase agreement (PPA) would have to be negotiated).

Rep Annie Kuether speaks, She is ranking minority on the House Committee. She rises in opposition. You cannot do anything with this piece of legislation, it is a concur, non-concur. We have this legislation because we haven’t been able to do anything with the other coal bills, nothing on health care, nothing on issues that our constiuents want. We are on Day 84 - that’s an appropriate number. This got put together behind closed doors with uindustry, this is not a compromise, this is a back door bill. They are trying to put more lipstick on the pig and this is it. What was not mentioned is that you will now be paying a tax on every meter in this state thank you.

Rep. Josh Svaty. Essentially says this is a special interests bill. This is supposed to be legislatin, and we are talkign about power procurement. What happens between power prpviders and distributers are serious business decisions that happen between serious businesses. The legislature should not direct this busines of power procurement. How ion earth did we end up here. Then we end up with a systems benefit charge. There is not proportion to these charges - elderly citizens pay as much as industrial installations. This biull did not come through committee. The legislature should not become an intermdiary in power purchase agreements, and we should not implement this systems benefit charge in this manner, this is not wise legislation.

Rep BUrroughs. I’m going to talk about how we used to get along and do the right thing for the right reasons before we left our way. We used to talk about coal - but I want to talk about friendships and relationships in this chamber, we have friends on both sides of the aisle. I have received calls from my friends that said good and bad things. I stand with my friends. this is a tought issue - I have never seen an issue in twlebve years divide us like this. Some of us qwill walk out of here different. We will continue to do what we feel is right. BPU is mentioned in this bill. the whole time we were negotiating, the Wyandotte country delegation has worked tirelessly to find compromise we would work with. We cared about more than our issue. While we wee doing that some of our colleagues chose to come after us about the gaming issue. Kick us in the shins. The next move was to penalize our local utility. We were still negotating. I can’t tell you how much time I have spent on this issue - only to have some continue to attack. When you mandate and dictate that is not negotiate. that is unfair. we need to work together. BPU has right of first refusal. Let me elaborate. Say someone gave me the keys to a VIper. Looks and sounds pretty good. I take the keys - where’s the highway? Oh, we don’t have one yet. We might get one in 3-5 years. You can’t drive it today. The transmission grid isn’t there yet. I have been promised it can happen - I would like to believe that. I do believe I have friends here, they tell me this. But I can only speculatre how much that power will cost my community because we didn’t get anything in hard print. I don’t know how much the viper will cost. I worry about it. And there’s a tax associated with it, I read that in the bill. And WyCO is heavily industrialized. Industries use lots of baseload. But the widows and the single mothers has to pay the same amount as the industry. there’s inequities there. So this bill does have a tax increase. Its speculative power. If I get the Viper, I can take them for a ride - that’s not what I want to do to my constiutent.s. I talked about gaming - that was brought forth in an attempt to get to my delegation. I remember the friends in the gaming debate who couldn’t help me. I didn’t threaten anyone - I didn’t threaten to have their kids’ fired from a union job site - I thought we were all above that. I thought we were statesmen in this room. I guess I was wrong. I am just as passionate about my side of the issue as you are. I am just not vindictive enough to come after you let alone your children. This bill fails to address our concerns with KDHE oversight as well. We have never before restricted his authority on the basis of one single industry. This bill would give his power back on the swearing in day of the new administration. Our secretary has a good reputation. He doesn’t want to harm anyone. MY BPU is a local elected board. They can’t agree to a proposal that is given to me. They have to take advice, listen to accountants, the public, their lawyers - I can’t do that for them. The children of some in this chamber have been threatened. I want to help - but not this way.

Rep. Swenson - I am not wishy washy on issues but I don’t know much about utilities. Some days I lean toward overriding - tonight I lean toward no. Rep Holmes, please stand for some questions.

Swenson - I heard about this trailer bill last night. Where is the extra 200 MW coming from? Holmes - 100 MW came from Tri-State, the other 100 MW came from Gold Spread. Swenson - thanl you. I’m skeptical, because there was a compromise offered earlier of 1200 MW - and now we are back to 1400 MW. Why is it 200 MW both times? I’m suspicisous that some of these partners aren’t that committed. If those partners dropped out, that could be fatal for the utility in Kansas. I’m back to leaning towtrd lines. I;m also suspcious of the csts of the transmission lines to get pwoer to NE KS from Holcomb. Those pwoer lines are full. There’a a lot of money, a lot of regulation involved… it’s not that simple. Tongiht I will vote no onthe override.

Final action vote on the trailer bill = 77 for, 46 against. It passes. But. It didn’t get to the 84 votes that will be needed to override the Governor’s veto on SB 148.

It’s very quiet in here. Now they read the message from the Senate on the override of SB 148. Holmes makes the motion to override.

Kuether addresses the motion. At the beginning I said - lots of us said - we want an energy policy for the state of Kansas. This legislation does not do that. The trailer doesn’t make it better, it makes it worse. You anti-tax people just voted for a tax ncrease. There is the Governor’s energy task force now underway. By 2010, it will bring a recommendation to this chamber. It will bring all the necessary people to the table. All of them. If you are truly interested in energy policy, why wouldn’t you want these recommendations? I come from an urban part of the state, and I have never voted against rural KS on any utility issues. But I am interested in a policy here, and this is an issue - one business, one industry. I ask you to support the governor.

Rep. Wilk - We all arrived here yesterday ready to - tired of this issue. Tnight ois the night to move on. For some this issue has been easy, for others a struggle. Surely there can’t be a doubt that we have all grown and learned thru the process. I am confident and pleased this will not be the last debate, we are starting a new and exciting jiurney to the future. this is a historic issue and historic moment. I am more convinced than other, the passage of SB 148 is not just a step forward for KS, it is a leap forward. I have worked hard on this issue. I won;’t repeat all my comments on the separation of powers - I do want to add I have spent years working on strategic economic policy for Kansas, tax policy, etc. We have done a lot of good work, and I think the numbrs prove us out. But I dn;t think we;ve ever had an opportinuty like this one. I”m not going to talk about NOX and SOX and greenhouse gas emissions - I love history. Sometimes legislators get to travel. IN 2002 I got to go to a Stephen Ambrose lecture, he is one of my favorite historians - and he answered our questions afterwards. One question - given your knwledge of history, would you describe the 20th century - then describe how historians will look back at the 21st century. Dr. Ambrose paused then said - Word for the 20th - century of destruction. We have used science and tehcnology to destroy. Words for the 21st - century of renewal. the challenges we now face - he predicted the debates we are having right now. But through ingenuity we will solve the problems. That journey starts for KS tonight. When we unleash the ingenuity of Kansas theycan compete with anyone in the world. We can lead the 21st century. JOin me tonight in supporting SB 148 to launch this journey into the future.

Rep. Svaty - It woudl not surprise me if we overrode the veto tonight. We are that kind of state - 74% of our power comes from coal here in the Heartland, that is what we know. But we have always known that someday we will face the fact that fossil fuels are a finite resource. This bill is a desperate grasp to hold on to the status quo. The RPS is minimal, the net metering is minimal - the bulk of the bill is to hold the status quo. But the very birth of Kansas was to take on difficult decisions. Two states enetered the Union - one supposed to be free, one slave, we were supposed to be slave. We changed that. History happens in the unlikelist of places. People expect us to override this veto. But we all know that we will at some time make the generations that come after us find new energy. We can start here, to make difficult decisions about what to do in the future. Kansas can do better.

Now they vote. 77-44, 4 not voting - call of the House. Doors are closed, reps are chased down, roll is called. vote is not final. waiting. leadership is on the phone.

they take explanations of vote while they wait. One person goes. No one else does.

Brown votes yes. 78-44. Flora, Kelley, and Shultz haven’t voted yet. While the call is open, others can also change their votes. We wait.

Shawnee and Douglas counties still under tornado watches, BTW.

Very quiet in here. Starting to noise up just a wee bit. cautiously. this feels like a really weird moment. Not unlike the air you get before a tornado, actually. caught between two radically different fronts. human bodies don’t like that kind of vacant but very active transition space. we don’t feel grounded.

Still waiting. Still holding at 78 to override, 44 to sustain, on SB 148 the second coal bill. 84 votes are needed to override.

BTW, if they can’t override this veto then the trailer bill automatically dies. Its passage is contingent on the override of SB 148.

7:41 Still waiting. I almost made a tornado joke but decided it would be in extremely poor taste. Not to mention it would tempt fate.

It’s a little nerve-wracking, waiting, watching who is talking on the phone to whom, wondering is what is being said - recall the budget vote earlier today, when a call of the House held a vote open and suddenly we had whole blocks of votes switch.

CRIMINENTALLY!!! OK. I should mention that I am on at least two chats and lord knows how many texts right now, and a terrifying theme has emerged - PEOPLE. IF THERE IS A WEATHER ALERT NEAR YOU, SEEK SHELTER RIGHT NOW AND STOP READING THIS. I will be very upset if you do not. You do not want me upset.

7:56 to answer a good question via email about what is going on here - recall, SB 148 passed on final action originally with 83 votes - only one vote shy of being veto-proof. Since we are at 78 yes votes (and two of the people not here are likely yes votes, once they are tracked down, so that’s 80) - we have basically at least three people who voted for the measure in the past, are holding out right now, and could conceivably vote for it again. Which they can do as long as the roll is held open. Plus, other folks could switch.

There is now a tornado WARNING in Johnson county. This means one has been sighted/ touched down. Shawnee is still under a watch. There;s actually tornado watches all over eastern KS I think. Quit looking at your dang computer!!! Take cover!

8:14 We have green light in the sky, here. Just FYI. (Talk about perspective. coal bill? What coal bill?)

8:33 Topeka is also apparently in the clear with the weather. Even though I think we are still under the tornado watch. I am frantically texting my husband in Lawrence, which is getting hammered now… but I think he’s too busy jamming with Steve Earle to pay attention to his phone.

8:41 It has apparently become obvious that I have a mild case of weather claustrophobia. Sorry about that. If there’s even the smallest chance something is coming at me I prefer to get outside to see it. It’s a Kansas thing. Being trapped in the Capitol is pretty much the complete opposite weather experience.

on the political front, we are all getting comfortable and settling in. could be a while. Apparently a new tornado warning in Johnson County (that’s east of here), tornado touched down around Spring Hill.

9:05 still waiting. Still at 78-44, 84 needed for override.

9:09 Schultz votes aye - we are now at 79-44. 9:12 Everyone is now here (Flora just showed up) - but the call has not been razed. Flora votes no - 79-45.

Kelley (remember, she had an emergency c-section not ten days ago) is requested to vote. She is here.

She votes no. 79-46.

She changes her vote to aye (in about 45 seconds). 80-45. Final vote.

The veto override has failed. It is declared lost. The Governor’s veto is declared sustained.

SPECIAL NOTE: The House Leadership is now apparently planning to “reconsider” the veto vote tomorrow. This means they will do it - all over again. Probably in the morning.

— Maril Hazlett, www.climateandenergy.org