Climate and energy

Location: Kansas Capitol, Topeka KS, House Chambers
Time: House convenes at 10:00 – yes, on a Saturday morning, bless their hearts
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 failed to call for a reconsideration of the failed veto override attempt on SB 148, the second coal bill. The Governor’s veto of that bill stands. SB 148 is dead. (ha! famous last words! see below)

- The vote clock runs out today on SB 327, the first coal bill, the House would have to attempt an override vote today.

- House Concurrent Resolution (HCR) 5042 (.pdf) is on the House calendar for consideration – it would allow the House to sue the Governor over the coal plants, see below.

- 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 (when it appears) to see the full, er, glory

Summary/ Action: The House has now adjourned until 11:00 a.m. Monday. The coal bill and the trailer bill has been folded into a huge economic development bill, SB 2412. No one has really mentioned HCR 5042 on the floor that I have heard (so maybe the governor won’t get sued). The Governor’s veto on SB 327, the first coal bill, was declared sustained WITHOUT any attempt at an override vote.

Re the new huge mega bill (which contains the coal plants): To borrow a fantastic line from Rep. Annie Kuether, when she spoke about SB 148 during the unsuccessful veto override attempt – “This is like putting lipstick on a pig.”

Now – legislative leadership has thrown a whole lot more into the pigpen! And the legislators will have to muck it all out.

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The Greensburg tornado hit one year ago tomorrow – May 4. For NPR coverage of the town one year later, click here. More also on the green rebuilding of Greensburg, from USA Today.

Night before last, 80 mph winds roared through parts of northeastern Kansas, taking out trees, powerlines, and damaging home and businesses. Yesterday, severe storms killed several in Arkansas.

But it’s gorgeous outside today. It’s the kind of exquisite May morning that makes you realize that you live in God’s country, really. The fact that tornados roar through every once in a while only makes you appreciate the glory more. Crystal clear skies, the bright green beginnings of leaves fuzzing through the trees that line the drainages and draws, redbuds blooming…

And everything pollinating. While that is a good thing, I will admit allergy sufferers are maybe not so happy about this weather as the rest of us.

I’m trying to tell you – if you are reading this today, Saturday, while the sun is shining and the birds are singing – quit it. Turn off your computer, and if you can, go outside!

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So we all know why we’re here. Veto overrides etc. The new item in the mix – HCR 5042, which would allow the legislative coordinating council (that includes Senate and House) to sue Kansas Governor Kathleen Sebelius over the coal plants.

The grounds: “Violation by the executive branch of the constitutional doctrine of the separation of powers baserd on the governor’s and the executive branch’s actions relating to the authorization of a coal-fired power plant in this state.”

Or, as Majority Leader Ray Merrick explained the reasoning to the AP:

Merrick said he is concerned about recent comments from Lt. Gov. Mark Parkinson, the top adviser to Sebelius on energy, that the administration was considering steps to stop the plants’ construction even if legislators enacted a law clearing the way for them.

Earlier this month, Sebelius vetoed a bill allowing the plants and limiting the power of the secretary of health and environment. House members failed to override it Thursday.

Sebelius later disavowed Parkinson’s comments, saying the only discussions within the administration have been about whether third parties, such as environmentalists, would sue the state if a veto is overridden.

“I have a concern about the rhetoric coming out of the lieutenant governor’s office,” Merrick said. “I think that his rhetoric brings up the separation of powers issue.”

Back to the wording of the resolution: It basically states that the governor and the executive branch (meaning KDHE as well, I assume) “have made questionable decisions in dealing with the matter of the application of Sunflower Electric Power Corporation to build and construct a coal-fired plant, raising “questions relating to the constitutional doctrine of separation of powers”; and since “the attorney general of the state is new to the position” and acting on these concerns would place him “in an untenable ethical position”; and finally, that the executive branch has “ignored and misinterpreted” statutes enacted by the legislature -

- the legislature basically wants the funds to hire a private attorney to take up the fight.

Keep in mind, we have yet to finish up with the budget. The House wants to spend more than the Senate does, essentially. If HCR 5042 is considered, they are potentially discussing a new allocation (at the tense end of a tense session).

How big of an allocation? Well – do you think this debate is going to move quickly through the courts? If this suit is filed, I think that would bring the grand total of filed legal challenges up to seven. Those challenges basically represent appeals of the KDHE Secretary’s denial of the air permit.

Also keep in mind, that denial was contingent on the Supreme Court’s decision in Massachusetts v. EPA that the EPA could regulate carbon dioxide under the Clean Air Act.

The state of Kansas can’t do anything on carbon dioxide, really, until the EPA acts – which they are doing about as fast as mud dries in April.

(Hint: that’s not fast.)

Then take it a step further. Those are just the legal challenges by supporters of the plants. Opponents haven’t even officially thrown their hats into the ring yet.

Who are the opponents? Right now, Kansas has made itself incredibly high-profile in the coal debate. What we do here on coal will resonate all over the nation. The Kansas legislature has made this state ground zero in the debate, and handed national environmental groups an enormous stake.

It’s a logical assumption that at least some of those groups will act to defend it.

10:04 gavel crack. But no one is really here yet – the Democrats are still in caucus. Here they come. Prayer and pledge.

Now we recognize an Iraq Star – Scott Stephenson. He’s from Atchison, graduated high school 2003 joined Army in 2004 – trained at Ft. Bragg – paratrooper. October 2006 he went to Iraq, Humvee got hit by IED, he suffered severe burns (60-70%), shrapnel wounds, lost part of his leg. Former athlete. Has three year old son, big family. He will now study business and accounting at Benedictine College.

We stand to honor him, and welcome him back to Kansas.

10:20 Budget bill. I’m telling you, go outside, get some sun. 10:30 from the votes recorded on other issues, at least two pro-coal votes are absent today. 10:34 Shot fired by Minority Leader Dennis McKinney. He notes that the Senate declared the budget bill “materially altered,” which was a “poor use of power” by the President of the Senate.

Reminder: that amendment yesterday is what has offered House Leader Melvin Neufeld some pretty extreme powers over the budget today. Which could have repercussions for the coal issue, or for those who voted against the leadership position.

We are recessed until 1:00 p.m.

11:09 Being a glutton for punishment, CEP headed over to the Senate to try and get a sense of where they are on the budget issue. It’s not good – but when the going gets tough, the tough (and the punchy) start cracking jokes.

That’s about where the Senate is.

11:50 Where the rest of us are about now. I’ll try to explain this as simply as possible.

Today may be the last day the legislature is in session. The Senate would really like to go home. The House still has stuff to do. The major thing left on the table is the budget omnibus bill (HB 2412, I think).

Anything having to do with the coal plants – an attempted override vote on the first coal bill, a whole new bill, House Resolution 5042 (for the legislature to sue the Governor) now must work with or around the omnibus bill. And it might have to all happen today.

The House and Senate have been duking it out over the omnibus bill in conference committee. (I am sitting awaiting the beginning of yet another one.) Basically, the Senate version of the budget is lower than the House’s version. The House has to cut.

How to make these cuts? After the last conference committee, the Senate President declared that the compromises they came to over the budget (more still need to come) had “materially altered” the bill. This declaration/ amendment (I forget exactly how it happens) gave his House counterpart, the Speaker, the power to resolve the differences between bills by picking out items for cuts. The Speaker picks the cuts, the House votes on them.

What will be selected for possible cuts? At this point, that is a matter of politics as much as it is of the merits. What determines the politics? In part, the votes and other issues that have gone on during the rest of the session. Obviously, coal has been a major issue.

Irony of the day. As you just read earlier in this entry – the proposed HCR 5042, if it comes up for consideration – would probably SPEND money. In the same session of the chamber, though, they could have to debate major cuts.

So roll the wheels.

12:14 An 11:30 conference committee that was moved to 12:00 is now moved till 12:30. So sludge the wheels. But, people have to eat.

12:52 And, other people have to bounce back over to the House, which is supposed to reconvene at 1:00. Since I left the conference committee, watch – Murphy’s Law will dictate that the House now return late.

However I have left a friend in the conference committee to report. The reason to watch that committee is that there may (who really knows!) be a trailer bill introduced re the coal issue. I am loathe to leave the House alone, though :) lest they raise a veto override attempt, or, that resolution.

Of course, all that could depend on the outcome of the conference committee report – and whether they decide to use the budget bill as a carrot, or a stick. And do you modify behavior – ie, whack someone over the head (or tempt them with a carrot) – before or AFTER said behavior?

Geez Louise. I actually know the answer to that but I have stupidhead right now.

1:03 gavel crack. But the chamber is only one-quarter full. Oh criminentally. They are going to caucus. So they are recessing until 2:00. Bless their hearts.

1:48 There appears to be some action – the taxation committee has apparently bundled the following bills – 2412 (omnibus budget), 693 (intermodal hub for Gardner, which affects Johnson and possibly Wyandotte Counties – many of those legislators voted against the coal plants), 2037 (business allocations), 148 (second coal bill! which I declared dead last night, I’m a bonehead), and 2802 (the coal bill trailer).

To borrow a fantastic line from Rep. Annie Kuether (ranking minority leader on the House Energy and Utilities Committee), when she spoke about SB 148 during the unsuccessful veto override attempt – “This is like putting lipstick on a pig.”

Now – legislative leadership has thrown a whole lot more into the pigpen! And the legislators now will have to muck it all out. Without boots, gloves – and I’m even doubtful they will have shovels.

Should be an interesting evening.

2:06 So, all of that probably has a LOT to do with why it is after two and the chamber is pretty much empty. Probably lots of people are freaking out in caucuses, all over this building! Oh the drama. Stay tuned.

2:21 We’re back. To answer the question of how all these things could be bundled together – well, they are all marketed as economic development.

The expectation seems to be that the Governor will veto this bill, too, all of it.

If that happens, the question is – who will the public blame for the meltdown of the session? Governor Kathleen Sebelius, or the Kansas legislature?

Interesting question. Another interesting question – who will find out the answer to that question first? Well, every seat in the legislature is up in this year’s election cycle. The Governor’s office is not.

2:31 Now arguing over health care. Just to get warmed up. This is like finals period. Everyone frantically cramming at the last minute. And, it’s really unlikely that the teachers will round the curve.

For those of you trying to remember what was in the trailer bill, HB 2802 – click here.

What’s so funny is that it contains those two REALLY problematic provisions, which are considered by some to be anti-business: (1) the legislative negotiation of a power purchase agreement, with no agreed on price or transmission lines built to deliver the power, and (2) the electric meter surcharge.

The latter, interestingly, Americans for Prosperity and the Kansas Chamber of Commerce really didn’t like (and I wonder what they would say to find it bundled into an economic development bill). As reported by Tim Carpenter in the Topeka Capitol-Journal:

The state’s most aggressive anti-tax organization Thursday defined a provision in a Republican-backed coal bill as nothing less than the three-letter word dreaded by politicians anxious to win re-election.

“It appears it would be appropriately framed as a tax,” said Alan Cobb, Kansas director of the conservative group Americans for Prosperity…

… Republicans in favor of the proposed $3.6 billion coal-fired plant at Holcomb prefer the terms surcharge or fee, while Democrats opposed to the utility development like the word tax. In this instance, however, Democrats had an unusual partner.

“If it looks like a duck, quacks like a duck, it is a duck,” Cobb said.

Americans for Prosperity and the Kansas Chamber of Commerce worked throughout the 2008 session to gain legislative approval for the Holcomb project, but these pro-business organizations couldn’t agree on a definition for the electric meter item.

“We don’t know what it is,” said Marlee Carpenter, a lobbyist for the Chamber of Commerce.

Hmm.

3:08 Now discussing change to open meetings act (I think).

Holy cow! The blog hits just skyrocketed! People are evidently hearing that Sunflower Electric’s latest coal legislation is baaaaaaaack.

This usually means I need to re-post the following bit of info – to find and contact your representative: Go to www.congress.org and type in your zip code.

I know. Again? Constant vigilance.

3:24 We are standing at ease, waiting on something from the Senate. 3:45 we’re back. The big, big, big hail mary bill – HB 2412 – just got read into the record. Holland rises in opposition to motion.

Rep. Holland – these ecodevo issues have been lumped together – Hills Pet Food bill, intermodal hub in Gardner, IMPACT funds for Wichita – these are good initiatives. But the bill also includes the Holcomb legislation (SB 148) which the House sustained the override. My concern is that we have heard this issues throughout the session, and the other issues need their day. This is very different subject matter in these bills – administrative law issues, energy issues – too much subject matter in one. According to Kansas constitution we are limited to one subject matter for allocations bills. This whole bill could be struck because of this issue.

Rep. Wilk – I want to clarify. Those are all items that have been discussed in conference, but they are not officially in this conference committee report. We are just agreeing to disagree so a new conference committee can meet to talk about those issues.

Vote – Division vote. Roll call. 64 voted for the approval of the report (so the bill can move further thru thr process) and 52 against. Very tight vote!

Rep. Carl Holmes, chair of the House Energy and Utilities Committee, was appointed to the conference committee.

House recesses until 6:00.

4:49 Hmm. Hmm. To those of you who are trying to call your legislators – and can’t get through – well…. it’s Saturday.

The Capitol secretaries (who are an overworked bunch) are all moving out of their offices and going home right now… because this is supposed to be the last day of the legislative session. The representatives are in conference committees, etc., and not in their offices.

Unless you have their cell phone number, you are going to have to do the email thang.

6:19 We have been back at it for a little bit – but I had to run in from the taxation meeting where they are trying to – to – searching for words here - well, roll together the smorgasbord bill HB 2412 (the IMPACT part of the budget, I do believe), which will now contain 2037 (apportionment – which was for Hills last year, we’re not sure for who this year), 693 (the intermodal hub in Gardner), and of course the language from the lovely SB 148 (which we all know very well) and the trailer bill for 148, which is HB 2802.

If it were a sandwich, would you eat it…? That will be the big question.

6:27 A good question came up about scheduling – after tonight, what happens next? We won’t know when or if the House is next in session, until they adjourn this evening. Of course, we don’t know when that will be. I would be surprised if they worked on a Sunday. We could be back on Monday. But we won’t know until we know.

6:40 So, where is that big smorgasbord bill? It’s stuck in committee. The committee is still meeting as the House proceeds on other matters.

We are now talking about animal cruelty. Also, some good news – the Amanda Bixby bill has passed. It requires that if a car accident results in a fatality or serious injury, police officers must order a drug test.

6:47 We appear to be standing at ease. Are you standing at ease? Then you may want to check out GPACE’s new email alert, where you can urge your legislators to think very carefully about their votes on the upcoming HB 2412 – which will likely end up containing the vetoed and unsuccessfully overridden SB 148, plus the trailer bill.

6:52 And, I don’t know how to tell you this, but we have recessed until 7:15! 7:15 Yep, we are still at recess. So not like in grade school. Oh, by the way, a telecom bill got folded into the smorgasbord bill, too.

7:30 Now we’re back.

The disgruntled mumbles in the gallery and around the Capitol halls are that the smorgasbord bill will probably pass, probably get vetoed – and then probably be one big mess to explain, how all of the economic development initiatives got themselves vetoed because of an effort to pass coal plants that already had their chance to get passed, didn’t, and now will have to work their way through the courts.

But everyone is grunchy because we all expect to be here until late tonight. So maybe it will all happen differently. Grunchy – and punchy. It’s an interesting combination.

7:40 They have declared the veto on the first Holcomb bill, SB 327, sustained. Whoa. Didn’t expect that. SB 327 is now dead WITHOUT going for an override attempt (it expired today anyway).

7:45 The House has adjourned until Monday at 11:00 a.m.

That was unexpected. But welcome! I can’t believe we’re out of here… oh man. I can’t believe we’re coming back.

— Maril Hazlett, www.climateandenergy.org