Climate and energy

Location: Kansas Capitol, Topeka KS, House Chambers
Time: House convenes at 10:00
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:

- Last night, the House successfully upheld the Governor’s veto of the coal plants (SB 148). Today, it is rumored that leadership will call for a “reconsideration” of that vote.

- If you have only recently come to this policy debate, check out CEP’s FAQ’s on the Kansas Coal Controversy.

- 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: The “reconsider” option on the veto vote has expired. SB 148 is officially dead. The Governor’s veto is no longer in danger of being overturned by a do-over. Now, SB 327 is left. The clock for a veto override vote on that measure expires tomorrow. The House will reconvene at 10:00 a.m. Saturday.

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No, silly. Yesterday wasn’t Opposite Day. It’s not even an alternate reality. Get with it, Dorothy, this is Kansas – and not just that, you’re in the Kansas legislature now!

Where indeed there can be a “reconsideration” (meaning, do-over) of a successful vote to sustain a veto.

Last night, members of the Kansas House did indeed successfully sustain the Governor’s veto of the proposed 1,400 megawatts coal plants by an 80-45 margin.

However, this morning there seems to be a very good chance that House leadership will use a technicality to do the vote all over again.

BTW – I have very much appreciated the emails!! Please forgive me for not being able to respond to them all. Ditto on phone calls (very sorry). However, below is the information that most of you crave:

NO VOTES (votes against the coal plants, and to sustain the veto): Ballard, Burroughs, Carlin, Colloton, Crow, Davis, Dillmore, Faust-Goudeau, Flaharty, Flora, Frownfelter, Garcia, Goyle, Henderson, Henry, Hodge, Holland, Huntington, Kuether, Lane, Loganbill, Long, Mah, McCray-Miller, McLachlan, Menghini, Metsker, Judy Morrison, Neighbor, Pottorff, Quigley, Rardin, Ruiz, Sawyer, Spalding, Storm, Svaty, Swenson, Tietze, Treaster, Trimmer, Ward, Winn, K. Wolf, Worley.

KNRC has compared these no votes with prior no votes – for who was gained and lost since the final action vote on SB 148, and this override vote. A complete roll call vote is available at the KCStar.

To find and contact your representative: Go to www.congress.org and type in your zip code.

The six supportive votes who could probably use extra support and thanks (although they all deserve some love): Rep. Judy Morrison, Rep. Henry, Rep. Pottorff, Rep. Hodge, Rep. Swenson, Rep. Metsker How to contact these six: The Great Plains Alliance for Clean Energy (GPACE) has an online email form.

On the general indignation re a possible “reconsideration.” For those of you feeling like someone just kicked you in the shins while shaking your hand – all I can say is, the theory and the practice of representative democracy sometimes lays further apart than one would expect.

It is worth remembering, though – modern technology makes it pretty easy to start developing a relationship with your elected representative. The neat thing about all this coal drama is that many Kansans have begun to do exactly that.

If you were an employer, would you hire someone whom you never checked in with, never explained your expectations, never supervised or worked with in any way at all? Probably not. It’s also not exactly a great way to treat an official – a regular person, like you, whom you spent your votes to elect.

Speaking of, every seat in the House and Senate is up for grabs this fall. Do not forget. This is your state. Whatever your concerns, whatever your position on the issues, your involvement matters.

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And on a happy note – the national championship Kansas men’s basketball team is here this morning! along with the football team and the debate team. Two very funny ladies in front of me are discussing how this puts diehard K-State fans in a quandary.

Procedural note – what it takes for a “reconsideration.” A majority vote is needed to call for a reconsideration vote, and it must do so within one day of the disputed vote. Majority in the House is 63.

Then we are back on the blessed bill, by golly by gum. Again, supporters of the coal plants need 84 votes for an override. Deals are probably being made, fought, negotiated, etc., even as I type. Dear me.

Interesting twist. Three pro-coal plant votes – Owen, Kelly, and Schultz – are “E” (excused) up on the vote board today.

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10:15 Gavel crack! Here we go.

First, they recognize a successful grade school, meeting and exceeding No Child Left Behind standards while eduacting kids in one of the poorest areas of Kansas. Then a resolution to recognize a U.S. Army Kansas veteran, Sgt. Bryant Mackie, for his death in Iraq, and the family he left behind – children, wife, father who was a Vietnam Vet, huge extended family. The House offers their deepest sympathies.

Now – recognition of the Kansas Jayhawks. I just got to do the Rock Chalk chant in the statehouse, I do not believe it.

So we all acted like groupies for a giddy ten minutes. Now, back to coal.

10:33 You’re all aware, right, that in fact today will probably drag on ad nauseum and who knows if or when they will actually get (back) to coal. So, take a break.

FYI, there are no energy lobbyists in the gallery right now.

10:43 While waiting, check out David Klepper’s article in the KCStar on last night’s failure to override the veto. House Speaker Melvin Neufeld is not admitting defeat in the legislative chapter of the Kansas coal controversy. Quotable:

But plant supporters said they would keep trying until the legislative session ends.

“We’ll do something. We’re not through,” said House Speaker Melvin Neufeld, a major backer of Sunflower Electric Power Corp.’s project. Asked if Thursday’s vote was the last on the issue, the Ingalls Republican said, “Not hardly.”

Supporters of the Governor’s veto of the coal plants emphasized the positive.

Plant opponents called the vote historic, saying it may go down as a turning point in which Kansas becomes a leader in the movement away from old energy sources toward sustainable, environmentally friendly technologies and energy efficiency. They hoped Thursday’s vote was decisive.

“True innovation and true ingenuity only comes when we make difficult decisions,” said Rep. Josh Svaty, an Ellsworth Democrat. “… History happens in the unlikeliest of places.”

The Sierra Club hailed the vote, and Sebelius, in a statement, called on lawmakers to “work with me on a new comprehensive energy policy” to serve the entire state.

Energy infrastructure issues. Also while we are waiting, consider this piece on transmission lines by Sarah Kessinger in the Hutch News.

How this works: To make the transition to more renewable sources of energy, the entire U.S. needs more and improved transmission lines. Getting those lines can be tough. Back East, a lot of people don’t want the lines near their existing towns, businesses, homes, etc. (it’s pretty crowded back there).

As Sarah’s article reports, the issue of getting transmission out here faces different obstacles – who gets to build and control the lines. Westar has more or less challenged the right of ITC Great Plains to build the Spearville V plan – the lines that originate in Spearville, KS, one going north to Axtell NE and the other headed east to – to – geez I forget. Toward Wichita.

Hundreds of miles of lines, all told. Crucial for future wind development in the state. We’re at 400 ish MW of wind right now, headed toward 1,000 MW at the end of 2008, and toward a goal of 10,000 MW by 2030. So we need lines.

ITC had applied to Southwest Power Pool (SPP) and the Kansas Corporation Commission (KCC) to build the lines. However, for ITC to get to Wichita, they have to get through eight miles of Westar transmission territory. Westar has applied to KCC for this not to happen – and Westar actually wants to build ALL the lines, themselves.

Turf wars and transmission lines. Eek. Also – there is a looming sovereignty issue, as well. SPP’s authority derives from FERC. FERC’s authority has only recently increased in the last few years, with the Energy Policy Act of 2005 (I think. Brain is full right now and running slow.)

These expanded powers – and the SPP’s powerful recent surge of interest in upgrading the grid – could at some point run into the transmission-related powers of the KCC. If that happened – and however it worked out – it could mean delay in building lines.

11:16 Budget stuff going on today. Gossip from those sitting around me – late last night the Senate gave the House leader a total gift, in the form of huge power over the budget – which at this point still includes lots of allocations for… drum roll… the Wichita delegation! Many of whom have voted no on the coal plants.

When the WyCo delegation got pressured, they dug in their heels. We’ll see how Wichita does.

THE HOUSE IS NOW IN RECESS UNTIL 2:30.

11:41 Bored yet? Want another possible coal drama scenario to mess with your head? Well… get this. Apparently, someone went and read the rules (gasp). They seemed to think that it takes the same number of votes to CALL for a reconsider motion, as it would to PASS that reconsider motion… which means that the House would need 84 votes to even call for a reconsider, and with three pro-coal votes gone today, they ain’t got it.

Or… could they? Is it possible that 84 reps would go for a reconsider motion, yet not all vote for the override?

See, this just gets goofy. Don’t go too far into the crazyland we call democracy. Just sit and say, hmm! And email and call your representatives, of course, to keep them firmly in contact with the outside world.

So, if the reconsider of the override can’t happen, what next? Well – SB 327, the first Holcomb bill, is still in play until Saturday (tomorrow) I think. Also, don’t forget HB 2919 (that’s a correction of the original number I had down, thanks to those who mentioned it), one of the very first incarnations of the coal bill, which is still hanging out there.

Heck with this, time for lunch.

1:44 back from lunch, have some great questions to answer from folks who have been reading. Pretty much, the main question is: what is the deal, with last night’s Senate amendment to a budget bill that somehow gave House Speaker Melvin Neufeld reportedly near deity-like powers over the budget? And how might that affect the coal bills?

Apparently, the Senate amendment allowed the House Speaker sole control over budget allocations from the Wichita region. (We are still considering the budget bill in omnibus fashion – meaning in lots of bits.)

Speaker Neufeld basically has the power to hold Wichita’s funding hostage. Many members of the Wichita delegation have voted against the coal plants. However, they have some big dollar initiatives still to come in the budget.

Obviously, this could affect the coal bills in at least two ways. The Speaker needs 84 votes to either (1) hold a motion to reconsider on the failed override attempt on SB 148, the second coal bill, or (2) override SB 327, the first Holcomb bill. The budget amendment gives him the leverage to lean on the Wichita delegation.

OK, calm down, don’t send (me) that email! Is this legal? Well – these are lawmakers. They make laws. Ergo, this is legal.

Is this right?

Entirely another question.

2:37 gavel crack. We’re back at it.

Right now, they are working on the definition of “micro-utility trucks.” Not a burning issue for CEP, so -

Another valid question – what is a “call of the House”? It’s nowhere near as much fun as the call of the wild, I’ll tell you that.

A call of the House is raised when members of either party are determined to force everyone in the chamber to vote on a measure. The doors are locked by the highway patrol, no one is allowed out, and members must asked permission to move around the chamber.

If any members are absent from the chamber when the call is raised, the patrol goes and finds them and brings them back. Wherever they are.

This often takes a while. Those in the chamber get restless. They will occasionally send up shouts to, in essence, end the blinking call. If 15 (maybe 10?) people raise their hand, though, the call is sustained.

During a call, the roll stays open. This means that all votes can be changed. Thus, a call can also be used a a stalling tactic while leadership gets on the phone to change votes. Thus, if the majority party needs time to cut a deal, I mean negotiate deep policy concerns, they can also have someone hide out, so as to prolong the call.

How long can a call last? Long as it takes. It could conceivably last for days. What’s the point? To use fatigue as a weapon, and get holdouts to give in.

Think of it as the legislative equivalent of beer goggles. The principle is that you will vote for things at 3:00 a.m. that you wouldn’t even look at earlier in the day.

Are beer goggles a responsible way to find a soul mate? Highly debatable. Do extended calls of the House result in good policy decisions? Likewise debatable.

2:52 Still debating micro-utility vehicles.

3:24 Now onto escaped prisoners. (Micro-utility vehicles proved very pesky – too close to golf carts, evidently lots of golfers here – that bill went back to committee.) Then amusement park rides.

Let’s talk a little bit more about energy infrastructure. I mentioned transmission lines – that’s the big guys. Little guys – they need copper. And aluminum. And diesel fuel. If we don’t have these basics, we run into some trouble in producing food.

When it comes to commodities in the Heartland, it’s feast or famine. We have the corn and the wheat, on the rest we’re running shy, like everyone else. From the Hutch News:

Since copper prices have skyrocketed – averaging today around $4 a pound – thieves have targeted everything from copper wiring in houses to the copper around ballpark lights. Now thieves are hitting irrigation systems. That includes two irrigation-theft cases in Reno County last month that totaled about $6,000 in loses, said Detective Sheldon Stewart.

The thefts occurred sometime between April 20 and April 28 in north-central Reno County, he said. One of the irrigation systems was under construction. Kansas Farm Bureau officials described the copper theft situation as “chronic.” Several members from across the state have reported thefts similar to what happened to Loving.

Barton County Undersheriff Gary Vaughan said the issue is nationwide. “It is just a nightmare,” Vaughan said, noting that rural thefts of metal, copper and fuel are a big issue for county deputies. “But it’s not just a Barton County problem. It is everywhere.”

He said besides the irrigation copper, farmers have reported missing aluminum irrigation piping. While those thefts should subside once the systems are turned on for the spring and summer, Vaughan expects he and his staff will be dealing with another issue – irrigation fuel theft.

Diesel prices are nearing $4 a gallon, he said. In one case, thieves siphoned about 4,000 gallons from a 10,000-gallon diesel tank.

3:38 Physician-patient relationships. Three pro-coal votes are still “E” – excused/ absent. Aurand, Kelly, Owens.

3:45 Hey, according to the Wichita Eagle, “Site Selection magazine named Kansas the 10th-most competitive state for capital investment and new facility development.”

Also, please everyone remember – Greensburg, Kansas, was hit by a tornado almost one year ago, on May 4. The Eagle is also doing coverage of what has happened since.

4:00 And – the House is now recessed until 6:00. What does this mean? Well – if they are going for the do-over of the override, they have one day… which would seem to mean today… unless you know that the end of the legislative “day” is defined by when they ADJOURN. Not by when the clock strikes midnight.

So, they could conceivably come back, hang around, then “recess” overnight. And still hold open their option to call for a do-over of the override.

5:37 Back in the chamber. Ho hum! I mean, how exciting. There are so many rumors floating around that I have become numbed.

But, we have an entry in the “how cool is this” category – small to midsize biomass processing plants! That can still get me excited. From the Wichita Eagle:

Prairie Fire Bioengery Cooperative will build a biomass processing plant at Healy. The cooperative, owned by 86 members in nine western Kansas counties, will collect agricultural waste from its owners and process it into pellets for gasification boilers and sold to both commercial and residential operations.

The site will have its own waste-powered gasification Uniconfort boiler that will drive a turbine to generate electricity for the pellet manufacturing operation. Uniconfort boilers are distributed by Alternative Energy Solutions of Wichita, which has North American rights to the Italian-made boilers.

Prairie Fire hopes to market its products to small- and medium-sized steam users, including ethanol plants, feed mills, packing plants, hospitals and schools.

Why am I so happy about the idea of processed ag waste? The reason this is cool – it’s an example of micropower.

Micropower is the smaller-scale generation and use of power. Entities – schools, businesses, small industry, etc. – who would once have been limited to simply consuming power, now develop their capacity to also PRODUCE it.

By doing so, they usually offset their dependence on the electrical grid, and are also able to protect themselves from rises in electric rates.

Also, in the case of the Midwest, burning biomass from ag waste is a perfect regional form of power – something we have plenty of ourselves, and don’t have to import from another country or state.

On a larger scale than micropower, biomass is also a dispatchable form of renewable energy, unlike the intermittent nature of wind and solar.

Actually, another cool article here, about the rapid increase in small wind installations - homeowner and farmer-sized turbines (CSMonitor). Prominently quoted in it is NREL wind expert Trudy Forsyth, who came to speak to the House Energy and Utilities Committee this session about how to develop effective net metering policies that would encourage and support small wind in Kansas.

(Of course, she came after the net metering for solar (no wind) in the coal bills had already been pushed through.)

Quotable from the story:

Wind power can be expensive. Small wind turbines for homes run in the 2- to 10-kilowatt range. A smaller machine can cost from $12,000 to $60,000, installed. A rule of thumb: Turbine systems cost about $6 to $8 per watt (1 kilowatt = 1,000 watts), installed.

Loebelenz also has a big solar array on his barn roof next to the wind turbine. On many days, when the wind generator is humming and solar panels are cooking, he’s generating far more energy than he uses, so he sells the overage to the power company.

It’s that link to the power grid that’s been key to small-wind growth. While wind power has long been popular for “off the grid” homes miles from power lines, growth in residential “grid tied” homes lagged until “net metering” laws were passed. Net metering means a utility must buy back extra power.

Better wind technology has helped, too. Lighter magnets in the generators, blades that adjust to wind conditions, and units that wirelessly report how much power they’re making – along with global-warming concerns – are creating a “perfect storm” of interest in suburban, even urban residential wind power.

6:06 Gavel crack, here we go. Ope, nope, we are now standing at ease. That was quick. 6:18 back on it. Three pro-coal votes still “E” excused on the big vote board – Aurand, Kelly, Owen. And then a lot of people not yet back from dinner.

FYI we are now on immigration.

Rumor Watch. We’ll be here till Tuesday. We’ll be out of here tonight. They’re writing a new bill for coal with gobs of incentives but can’t finance it. They’re writing a new bill for coal with lots of mean things (sometimes those are free!). They’re going to switch coal votes with the immigration bill. They’re writing another trailer. They’re bringing up another bill altogether.

Oh dear. If you would like to listen in to the immigration debate, you can go here. This may turn into a cautionary tale of civics. 6:53 still on immigration. Only one or two energy lobbyists are hanging out here tonight. 7:07 now we’re on the conceal-carry permit restrictions (making them stronger).

7:18 Whoa baby! WE ARE ADJOURNED UNTIL 10:00 TOMORROW.

THIS MEANS THAT SB 148 IS DEAD. DEAD, DEAD. The second coal bill is dead. The Governor’s veto on that legislation stands. They cannot call for a reconsideration of this veto, the clock expired.

Hang on, hang on. We have one more veto out there that they can go for an override attempt on – SB 327. The veto clock on that one expires tomorrow.

And then they can always come up with something new at the last minute.

But when that gavel cracked down, it sent a stake into the heart of SB 148.

Good night!

— Maril Hazlett, www.climateandenergy.org