Here’s the press release from the Governor’s office (which should be available soon on the Governor’s website):
Governor vetoes bill with same elements of the last; remains committed to seeking common sense compromise
Veto message for House Substitute for Senate Bill 148 from Governor Kathleen Sebelius:
“Legislators who promote the expansion of coal-fired plants in Kansas made a strategic decision with SB 148. Rather than working toward a compromise solution or having any conversation about energy policy, this bill was drafted behind closed doors. It contains the same onerous elements of the previous bill that I vetoed; and again, these are elements I cannot accept and will not support.
“I am still hopeful we can have meaningful discussions about a true compromise; rather than being sent the same bill in disguise yet again.
“This maneuver has done nothing to address the issues at hand – developing comprehensive energy policy, providing base-load energy power for Western Kansas, implementing carbon mitigation strategies and capitalizing on our incredible assets for additional wind power. Furthermore, putting the regulatory permitting process into the hands of a Legislature whose membership changes every two years would set a dangerous precedent and result in real regulatory uncertainty.
“President Bush has announced a new goal for stopping the growth of greenhouse gas emissions, and recognized that the power sector must make significant efforts to achieve that goal. Since the most likely way to achieve this goal is through a cap and trade system, which would, in effect, tax carbon, it would be unfair to Kansans, for our utilities to build coal fired plants for other states until we can evaluate the costs of those plants for Kansas tax payers and rate payers.
“We must remember the decisions we make today have a huge impact on Kansans for generations to come. The challenges before us can and should be met through a common sense solution.
“Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto House Substitute for Senate Bill 148.”
With this action, Sebelius has signed 91 bills this legislative session and vetoed two.
CEP: What does this all mean?
Now there are two major bills currently before the legislature, SB 327 and SB 148. Both have now been vetoed by Governor Sebelius. The veto on SB 327 has been overridden by the Senate, and now awaits an attempted override by the House. SB 148 will now go back to the legislature where override votes will be considered in both the Senate and the House.
The legislature is currently on break and returns on April 30th for the veto session.
Check back for more legislative updates as the situation unfolds! Also, if you need to know more, check out CEP’s FAQs on the Kansas Coal Controversy.
— Eileen Horn, www.climateandenergy.org
When the House returned for 30 minutes then decided to go on another recess, MH decided to wander over to the Senate.
SB 148, the second Holcomb bill, passed the House this morning on a 83-41 vote. It takes 84 votes for a measure to be veto proof in the House.
The House lost no time in kicking this measure back to the Senate. The Senate voted to accept the change that the House had made on the floor (ie, that KDHE and KCC would have to identify utilities whose CO2 emissions were in excess of the statewide average) and to concur by a 32-7 vote.
This does two things: (1) SB 148 will now be sent to the Governor. It will probably get to her desk sometime next week. Odds are pretty good she will veto this one, too. (2) This gives Sunflower supporters a back-up plan to have another bill in play during the veto session, in case they do not get the override on the first Holcomb bill.
Actually, (3) the Senate’s own version of the second Holcomb bill, HB 2919, is not actually dead. It’s just kind of hanging out there in limbo.
It’s like a zombie movie!
And on that note, everyone have a great weekend. Go outside. Run and play. Stay away from computers.
Then go watch basketball.
— Maril Hazlett, www.climateandenergy.org
Live Blogging: waiting - yet again! - for a possible override vote on the first Holcomb bill
April 4, 2008
Location: House Chambers
Issue: Sunflower Electric’s proposed 1400 MW of coal-fired generation in Holcomb, and the role of the KDHE Secretary in protecting Kansans’ health and environment
Bill No.: SB 327, the first Holcomb bill
Summary/ Action: The House came back at 2:00, stayed until 2:30, and went into recess until 6:00 p.m. tonight.
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Fair warning: The rumor mill on the likelihood of a veto override in the House is split 50/50. But, since CEP is in Topeka anyway, we are hanging out in the House gallery and waiting. You can listen to the proceedings live here if you would like.
The House in fact has 28 or 29 more days to hold an override veto. They may get to it today, they may not. Either way, I have chocolate.
What we might be missing: More rumor has it that they will take SB 148, the second Holcomb bill, to the Senate floor this afternoon. (But I can’t be in two places at once.)
The whys and wherefores of this action are a little complicated, but the ultimate end is for Sunflower Electric supporters to have another legislative option during the veto session, in case they can’t override the first Holcomb bill, SB 327.
What all this reminds me of. Have you ever watched a little kids’ basketball league? Say kids about 10-12. They’re fast, but not very tall. They zoom up and down the court, there’s lots of action, arms and elbows and legs everywhere, bodies crash and burn, the ball goes squirting out in every direction -
- but there are not usually a lot of baskets.
Somedays that’s a lot what it’s like, watching legislative action.
2:14 p.m. The House is back, but arguing about the committee report on the immigration bill. Will post if there is anything interesting re climate and energy issues.
2:30 p.m. - 
The House came back for 30 minutes, and is now recessed until 6:00 p.m. No baskets!
NOTE: Today is the last day of the session, although it sounds like they will have to work tomorrow since there is still so much undone. Since they are going late tonight I will miss whatever happens, because I absolutely must attend a good-bye party for a dear friend who is moving to Australia (!).
But, you can always listen in yourself online (see link above).
— Maril Hazlett, www.climateandenergy.org
Given that the vote on SB 148 - the second Holcomb bill - was one vote shy of veto-proof, there’s probably also a chance that Sunflower supporters might also be only one vote away from overriding the Governors’ veto on SB 327.
Since I am getting emails asking me how to contact legislators, here’s how: (1) if you don’t know who your legislator is, you can find out at www.congress.org, and/ or (2) you can look at the KS House roster.
Remember to support your legislators, as well as to offer constructive comments for positive change. If you email them, please still include your street address in your signature. Your legislator needs to know that you are one of his or her constituents.
Legislators who changed their votes from no on the first Holcomb bill, to yes on the second Holcomb bill, include the following: JoAnn Pottorff, Judy Morrison, Steve Lukert, Jerry Henry, Virgil Peck, and Brenda Landwehr.
HOW THEY VOTED - on SB 148, the second Holcomb bill - and keep in mind, please check for the OFFICIAL House tally of how they voted in the Journal tomorrow, MH’s count cannot be considered official:
Against the measure (41): Ballard, Burroughs, Carlin, Colloton, Crow, Davis, Dillmore, Faust-Goudeau, Flaharty, Flora, Frownfelder, Garcia, Goyle, Hawk, Henderson, Holland, Huntingdon, Kuether, Lane, Loganbill, Long, Mah, McCray-Miller, McLachlan, Menghini, Metzger, Neighbor, Quigley, Rardin, Ruiz, Sawyer, Storm, Svaty, Swenson, Tietze, Treaster, Trimmer, Ward, Winn, Wolf K, Worley
For the measure (83): Aurand, Beamer, Bethell, Bowers, Brown, Brunk, Burgess, Carlson, Colyer, Craft, Crum, Dahl, Donohoe, Faber, Feuerborn, Fund, Gatewood, George, Goico, Gordon, Grange, Grant, Hayzlett, Henry, Hill, Hodge, Holmes C., Holmes M, Horst, Huebert, Humerickhouse, Johnson, Kelly, Kelsey, Kiegerl, King, Kinzer, Knox, Landwehr, Light, Lukert, Mast, Masterson, McKinney, McLelland, Merrick, Morrison Jim, Morrison Judy, Moxley, Meyers, Neufeld, O’Neal, Olson, Otto, Owens, Palmer, Patton, Pauls, Peck, Peterson, Phelps, Potorff, Powell, Powers, Rhoades, Roth, Ruff, Schroeder, Schwartz, Shultz, Siegfried, Sloan, Swanson, Tafanelli, Vickrey, Watkins, Wetta, Whitham, Wilk, Williams, Winn, Wolf B, Yoder
Not Present - Spalding
— Maril Hazlett, www.climateandenergy.org
Legislative Update: Waiting for veto override attempt in the House, during last official day of session (supposedly)
April 4, 2008
Location: House chambers
Issue: Sunflower Electric’s proposed 1400 MW coal-fired generation at Holcomb
Bill No.: (1) Final action on the second Holcomb bill, SB 148, is scheduled for this morning. It will be passed by a majority, but the question is how much of a majority. Seven representatives did not vote on the measure yesterday, in the preliminary vote. In the House, 84 votes represents a veto-proof majority. (2) There may be a veto override attempt by the House on the first Holcomb bill, SB 327. However, I must point out that technically the House does have 30 calendar days to vote to override, starting from the Senate’s override vote yesterday.
Summary/ Action: SB 148 passes 83-41, one vote shy of veto-proof.
In a perfect world, they would get to all the votes that I care about today - and then I could focus my mental energies on the KU game. Hit your refresh button to check in, but I am only going to record the highlights.
9:00 a.m. - House is supposed to start at 9:00, but I don’t think it will. They were here until almost midnight last night, and there were scads of conference committees scheduled for this morning on various bills.
9:02 a.m. - I was wrong! They are getting started. Even though the chamber is about 2/3 empty.
9:23 a.m. - Please note - today is the 40th anniversary of the assassination of Dr. Martin Luther King. A resolution was just passed, commemorating this legacy.
Final action vote on SB 148, the second Holcomb bill (the insurance policy should the first Holcomb bill, the vetoed SB 327, not be overridden).
Roll call vote. Call of the House. (Meaning, the three who haven’t voted are being tracked down so they can vote) It stands at 40 no, 82 yes, with 3 not voting yet. 84 is a veto-proof majority. Aurand (proposer of the carbon tax on Monday), Crow, and Spalding are the outstanding votes.
We wait.
MH checks her email. Just to break the dramatic tension.
MH checks her horoscope. (You never know.) It was not particularly helpful. It said I am supposed to get as much possible done before lunch.
There are hollers for the call to be erased. Meaning, that they DON’T track down or wait upon the three non-voters. Actually, we know Aurand’s vote is a yes, and that Crow’s is a no - and that leaves Spalding. The hollers are not sustained.
Location: House Chambers
Issue: Sunflower proposed plants, if and when they pop up - and/or a veto override attempt by the House on SB 327, which the Senate overrode 32-7 earlier this afternoon.
Summary/ Action: MH gave up and went home at 9:00 p.m. Yawn.
3:30 p.m.
This is just hanging out and waiting. I will only post if something comes up. Refresh your browser only if you are really bored. And meanwhile, you can vote on the new KS license plate design! I was torn between 2 and 4. 1 was surprisingly Jerry Garcia.
Hey, something interesting did just happen. Senate must have moved on their version of the second Holcomb bill this morning, HB 2919, because Holmes just carried the message to the House. He recommended that the House non-concur, and that the bill go to conference committee. The House appointed Holmes, Olson, and Kuether (Chair, Vice-Chair, and Ranking Minority of the House Energy Committee) as conferees.
When the House takes final action on SB 148 tomorrow (their version of the second Holcomb bill), then the two bills will meet in conference committee, in all likelihood. That will have to happen fast, because tomorrow is the OFFICIAL LAST DAY OF THE SESSION. Although there are rumors of working on Saturday. Sadly.
4:11 p.m.
Sounds like the Senate side went ahead and voted to override SB 327 (the first Holcomb bill) by 32-7, one person out sick. Which means the override attempt could kick back here to the House this afternoon.
Mayve you should hit your refresh button once in a while. OH NO. They are recessing till 7:30 this evening! Criminentally.
7:30 It’s deserted.
7:49 It’s alive! But not yet in a formal fashion. 7:56 here we go. As earlier, MH will not post unless something actually happens. 8:06 we are missing five representatives, so all is on hold.
News Updates: More Kansas wind forums - Colby and Phillipsburg - and the override rumor mill
April 3, 2008
Greetings from the O.K. Corral, I mean the capitol, where we are all half-felled by coal fatigue! Enough already. For a break, I entertained myself by typing “global warming dance” into YouTube and watching the offerings. None are suitable for posting here, sorry. CEP does actually have standards.
New Kansas wind forums scheduled for Colby and Phillipsburg. The Colby forum is April 14, and I don’t seem to have a press release for that one. The Phillipsburg info, though, is as follows:
Spring is the time when Kansans’ thoughts turn to… wind power. Of course!
If you live near the Colby or Phillipsburg areas, please consider attending one of these wind forums.
Protect yourself, your farm, your community, and your land by informing yourself about how wind power works. Learn about the issues, and especially about your legal rights in the development process.
- 9:00 a.m. - 3:00 p.m. Registration begins at 8:00 a.m.
- Huck Boyd Center, 860 Park Street
- Lunch included with registration fee. Register by April 11 and pay $10. After, pay $20.
- Other speakers include:
Steve Errebo, Lincoln County
Kimberly Gencur Svaty, ITC Great Plains
Rep. Josh Svaty
and others.
- Topics covered: community wind, basics of how wind power works, pro-wind policies, wind leases, and transmission
Override speculations. And to folks emailing me about whether the Sunflower proposal has the votes for an override in the House, and whether the Senate is then going to go for it this afternoon as is being rumored and reported - sorry but I am not doing drama right now. No offense!
The House vote this morning didn’t seem too decisive either way. I could entirely be wrong, but I received the impression that everyone was so tired of the whole topic that they just wanted it out of their hair, and their votes were pretty much cast toward that end. Frankly, I also thought that people were digging in, rather than pulling out. Of course I could be wrong.
Likewise, it was also my understanding that the Senate was voting to override Thursday or Friday, anyway. That was already expected.
All the rumors flying around - it’s a lot like bluffing in poker. It’s just not possible to really know what hand anyone is holding until the cards are laid down. This morning I just saw nothing worth getting excited about either way.
And if the veto gets overridden, so be it, and we all just hitch up our pants and head to the courts. (EDIT: Whoops! Meaning, CEP will observe and report as usual. I prefer my only courtside appearance to be regarding basketball games, pretty understandably.) I promise not to whine if I have to go cover court proceedings.
And either way, there will still be gobs of work to do on a comprehensive energy policy for Kansas. Including figuring out some reasonable solutions for baseload power needs in western Kansas.
Location: House Chambers
Issue: Sunflower Electric’s proposed 1400 MW of coal-fired generation at Holcomb
Bill No.: The House’s second version of the Holcomb bill, SB 148, is first up on General Orders today. There are rumors about other potential drama also, see below.
What CEP coverage is missing: The Senate is considering its version of the second Holcomb bill, 2919, today on General Orders as well. However, the Senate vote on Holcomb is veto-proof (unless the super-conservatives hyperventilate at the supposedly greener provisions in 2919) and the House’s vote is not. We will hang out in the House.
Summary/ Action: SB 148 passed the committee of the whole by 79-39, 7 didn’t vote; the measure now awaits a final action vote. That could happen tonight or tomorrow.
Again, why are we here… Remember, the first Holcomb bill, SB 327, was vetoed by the Governor. Since the House’s ability to override is uncertain, Sunflower supporters pushed a second Holcomb bill, SB 148, into the queue. The queue is pretty busy, though, since this is the last 48 hours of the regular session, so - folks are tense.
Is there much difference between SB 327 and SB 148? Nope. You can read CEP’s opinion in more detail here, but basically:
(1) the legislation puts the disputed air permit directly into law (SOX and NOX emissions, but mysteriously not mercury is mentioned) and allows regulation of CO2. Ironic, but still doesn’t get around the constitutional point that this is the legislature doing the KDHE Secretary’s job,
(2) the wind tariff is interruptible, meaning if you buy wind power utilities have the option to turn off your power whenever the wind isn’t blowing
(3) a mandate for the KCC to have investor-owned utilities and cooperatives voluntarily draw up energy efficiency plans for their customers. Westar and KCPL are getting into energy efficiency in a big way right now anyway, they didn’t wait around for legislation on the issue, and
(4) a greenhouse gas emissions inventory program for utilities, which is far less expansive than the GHG inventory established in the Governor’s executive order. The Order goes much further than SB 148. SB 148 is not necessary to making positive energy policy in Kansas.
The rumor mill, as to why we are even messing with this stuff: The House vote on SB 148 will be a headcount for the veto override vote on SB 327. If 148 goes down this a.m. (meaning, the vote to pass it is less than 84 votes, which is a veto-proof majority in the House), what next?
Well. That’s where the rumors are going nuts. For example, I don’t find the following a reasonable, persuasive scenario, but the story goes like this: There are high value bills coming up in the next few days, in particular big money incentive measures for the aviation industry in Wichita. The Wichita delegation has members who did not vote for Holcomb. Ergo, to switch their votes, these measures will be held hostage.
Nuts! We are getting out of control here. While they have found themselves suddenly playing the part of Darth Vader, Sunflower Electric is not a bad corporation - in fact, if you ignore the current 1400 MW coal plant issue (granted, that’s a big ignore) they are actually one of the greenest utilities in Kansas. For existing coal plants, theirs are among the cleanest, and they are also invested in renewable energy.
If we toss out all the drama, and just take it for granted that this mess is caused by a whole bunch of people doing what they think is right, with very different definitions of what “right” is - as messes usually are - then you can also take it that Sunflower is actually run by reasonable people, who probably are way too smart to take on the aviation industry.
Talk about the tail of a tiger that you don’t want to pull. And if the lobbyists of the aviation company in question got word of this rumor, I think they would squash any such attempt. I also can’t see them taking the public relations hit of having their good name - and their environmental record - dragged into this mess. At this point, there is extensive national publicity focused on what Kansas does with coal.
Of course, this morning could prove me a totally naive idiot. Oh well. It’s kind of like divorce proceedings when children are involved. Everyone needs to act right, because they will still have to cooperate in the end. Kansans are all going to have to cooperate on these energy issues at some point, including western Kansas’s need for baseload power in some form or another. If we get too ugly, that moment will only take longer to come, and the collateral damage will probably bear a very high price. This does not have to happen.
Enough of the rumors. I’m very tired of them. I’m also cranky this morning because someone pointed out that if I’m tired of this stuff now, imagine if the veto override does occur, and then I have to spend the next umpteen years of my life tracking the mess through various courts. I frankly about lost it.
WE BEGIN. Hit your refresh button every once in a while to check in. As always - don’t be surprised if nothing actually happens…
Legislative Update: Second Holcomb bill (SB148) reborn as Sen Sub for HB 2919, will be considered today.
April 2, 2008
Short version (long version later - it’s a tale to tell) - Right after the Senate Majority leader raked the Senate over the coals for considering new bills so late in the session, and abusing the veto session to get business done that they should have handled earlier, the Senate Committee on Energy and Utilities considered new business - the second Holcomb bill.
To be fair, the House has put the Senate in this position, by not taking care of business. This bill was SB 148, remember. The House passed it after the veto of the first Holcomb bill, SB 327, but it has languished in House General Orders ever since. Evidently the House has not had the support to consider it on the floor. Criticism of the bill was that its green provisions were pretty pale, if even barely tinged with lime.
So the Senate stepped in. This morning - in an entirely legal but still procedurally squirrelly interlude - they approved ANOTHER new Holcomb bill with three major differences from SB 148: (1) they removed the CO2 provisions but left in NOX and SOX, (2) they removed the interruptible portion of the wind tariff, and (3) and a slightly odd effort to help out municipal utilities with their transmission issues (but the munis have to pay all the costs of the necessary studies, which are not inconsiderable).
The Senate then dumped this amended SB 148 into Sen Sub for HB 2919 - a gut and go. It will probably be considered on the Senate floor when they return at 2:00. EDIT: Make that 2:30. If the Senate passes it, then it goes to conference committee with the House. If they concur and vote yes in final action, then it goes to the Governor.
— Maril Hazlett, www.climateandenergy.org
Live Blogging: Waiting and watching
April 1, 2008
Location: House chambers
Issue: Sunflower Electric’s proposed coal-fired plants of 1400 MW
Bill No.: an as yet unamended bill on General Orders today
Summary/ Action: As of 6:20 adjournment - NOTHING REALLY HAPPENED.
If you are a frequent reader of CEP’s live blogging feature, you might now be wondering - where in the world are all these new bills coming from???
This, apparently, is what happens at the end of the session. Interested parties start trying all sorts of ways to get their measures placed into other bills that have a chance of passing. Officially, this legislative session ends this Friday (April 4).
So the race is on, and Sunflower Electric appears to be a major competitor. Unfortunately, they weigh enough that when they throw themselves onto someone else’s little red wagon, they have enough mass to wreck it.
As we just saw happen with poor SB 471. This bill originally offered tax credit relief for the expenses of people participating in adoptions, or live organ donations. When an amendment benefiting Sunflower Electric was slid into their bill, though, it poisoned it. The House killed the bill on final action. Those folks - adoptive parents and organ donors - are just out of luck.
At any rate. We are here right now awaiting further “unexpected” amendments. The rumor right now is that the carbon tax that got defeated this morning in final action on SB 471 will come back around like a boomerang today, and appear in another later measure under General Orders.
If that does happen, I will record it below. Right now it is 10:42 and we are slogging thru a property tax relief bill for senior citizens in dangers of losing their homes.
11:05 we are going into recess of course. Until 3:00 p.m. (ouch!)
Then we’ll be back.
OK, I’m back anyway! There’s enough drama to post a little bit of it, while we wait and twiddle thumbs. Reminder: hit your refresh button to check for occasional updates.
Location: House chambers, final action vote
Issue: Major KS utilities and a creative, interesting version of a carbon tax
Bill No.: SB 471, as amended last night by the House Committee of the Whole and passed 78-42
Summary/ Action: Measure failed on final action vote, 51 yea, 74 nay. Measure is lost. (Which means the people who would have benefited under the original measure, which offered tax credits for adoption and live organ donation, are just out of luck, because a large corporation decided to highjack their measure.)
******************
Before launching in to the record, CEP would like to note: This carbon tax is a fake carbon tax, in that it does not actually reduce CO2 emissions. Reducing emissions is the entire POINT of carbon regulation. This measure will make electricity more expensive, without making it more green.
It will also drastically affect ratepayers in northeastern Kansas, while subsidizing electricity generation in western Kansas.
Background
Last night on the House floor Representative Clay Aurand, a supporter of Sunflower Electric’s proposed 1400 MW coal-fired plants expansion in Holcomb, succeeded in amending SB 471 to include the first carbon tax in the nation.
SB 471 was formerly a pretty innocent little bill dealing with giving individuals tax credits for adoptions and live organ donation. Aurand’s amendment establishes a $37 per ton of CO2 excise tax levied on coal plant operators of 350 MW or more who emit over 110% over the state average of carbon dioxide emissions, as measured on a per MW hour basis.
The proceeds from this excise tax will be offered as a tax credit for those plants who emit less. Only one plant seems to qualify under these regulations, and that is Sunflower Electric. Ironically, the measure also specifically authorizes the Secretary of KDHE to regulate CO2 emissions. Likewise, its very existence admits that the Kansas legislature, as well as the executive branch, considers carbon dioxide emissions problematic.
This amendment primarily affects BPU, the electric provider for Wyandotte County - and also home to a legislative delegation that has proved extremely stubborn. Resisting all sorts of pressure, WyCo legislators have refused to switch their votes to help Sunflower supporters override the Governor’s veto of SB 327, the first Holcomb bill. The amendment also has implications for investor-owned utilities Westar and KCPL.
These three entities are affected because they have some of the older and dirtier coal-burning facilities in the state. The gun is aimed at BPU, but the other two are standing much too close to the target for comfort. If this carbon tax is levied on these utilities, the costs will be passed to their ratepayers. There are mitigation provisions in the amendment, but they are so vague I couldn’t make any sense of them.
Does the amendment to SB 471 have merit? In general, a carbon tax is a good thing, if it (1) actually reduces carbon dioxide emissions, and (2) is phased in gradually, in a revenue-neutral manner.
Carbon regulation - be it carbon tax, or cap and trade - will indeed increase the costs of electricity, which is problematic even for middle-income folks, let alone those on fixed or otherwise limited incomes. Revenue-neutral means to increase these prices gradually - and also, return some of the proceeds of the carbon tax to those most directly affected. According to the policy experts at the Carbon Tax Center:
Revenue-neutral means that little if any of the tax revenues raised by taxing carbon emissions would be retained by government. The vast majority of the revenues would be returned to the American people, with some small amount utilized to mitigate the otherwise negative impacts of carbon taxes on low-income energy users.
However, when you return the revenues of a carbon tax to just one utility - um. That’s not very fair. This is not really a carbon tax, as much as it is a money grab by a special interests group, at the expense of ratepayers not within their own service territory.
For media coverage of the proposed tax so far, see the TCJournal and the Salina Journal. EDIT: ha! And Kansas has already popped up on the Carbon Tax Center radar - see their blog entry. Quotable:
Major flaws in the the tax passed by the Kansas House include: its application to only one plant; its excessive initial level that does not provide consumers with time to adjust; and its failure to provide an upwards trajectory that would provide an appropriate price signal to energy consumers. Its use of revenues to provide an incentive to cleaner plants to reduce emissions further makes no sense. A carbon tax imposed on all emissions in the state would provide a far better incentive for all energy consumers in the state to reduce emissions; both relatively clean and relatively dirty generators would benefit by reducing emissions. There’s no need to waste the revenues on credits. Instead, the revenues should be returned to to the people who live in Kansas through offsetting tax reductions or equal rebates.
The Kansas carbon tax may be a yellow brick road to riches for certain generators or lobbyists, but it is not a yellow brick road to reductions in carbon emissions.
What’s the point of all this…? There are of course many theories. The two most likely candidates: (1) This measure is meant to punish Wyandotte County, and to scare Westar and KCPL into pressuring legislators to vote for Sunflower. And (2) This is a really confrontational way for Sunflower to send a message that they are ready to make a deal - if the financing can be worked out.
(And I am sure that if I walked out into the hall, I could hear at least three more.)
For the proceedings as they - proceed (sorry, my brain’s not in gear yet, late night) - please read more. Once things get started around 9:00 a.m.
Location/ Time: House floor, Monday evening
Legislative body: House
Issue: proposed Holcomb coal plants
Bill No.: SB 471
Summary/ Action (will be filled out later): Amendment to add Holcomb issue to SB 471 passed; SB 471 passes . Next steps: Final action on SB 471 will be tomorrow.
I was taking notes by hand when the brouhaha started, so I will type the transcript up later. To summarize what happened: um… I think I just saw a bunch of Kansas legislators vote to implement the first carbon tax in the nation.
Keep in mind, I don’t have my hands on a copy of the amendment. I doubt many legislators do, actually - they all seemed clustered around only a few copies, in clumps up near the front of the room.
The scene: We kind of thought the night was over. We were about to pack up to go. There was only one bill or so left - SB 471, on tax credits for expenses incurred in live organ donation, and adoption (done separately, I have to assume). Then Rep. Aurand brought in an amendment that essentially said the following:
There will be a $37 per ton of CO2 excise tax levied on coal plant operators of 350 MW or more who emit over 110% over the state average of carbon dioxide emissions, measured on a per MW hour basis. The proceeds from this excise tax will be offered as a tax credit for those plants who emit less. There is a price per ton of carbon, but bill supporters swore up and down that this was not a carbon tax, because there were carbon mitigation provisions in the amendment that could offset the emissions from dirty plants. They also swore up and down that even though these credits could be traded, this had nothing to do with cap and trade, because there was no cap.
A pause. To collect myself. That was actually more like a dream sequence. I’m still not sure I really heard “$37 per ton of carbon” Take that with a grain of salt, until I somehow track down the amendment.
The amendment passed by 78-42, roughly the same margin as the original vote on Holcomb I, SB 327, which was vetoed by the governor.
Who does this amendment affect? Essentially, KCPL, Westar, BPU, and Sunflower. KCPL and Westar in particular will be affected, because they have older plants that emit more per MWh. Sunflower has newer plants that emit less per MWh - but if the proposed Holcomb plants will be by far the largest total emitters in the state, if they are built.
If this is green, it is green in an incredibly fuzzy math, tortured kind of way. Note, carbon dioxide emissions are not measured by total volume. You can emit as much carbon dioxide as you want, as long as your plants’ per MWh average from your plants is lower than that of another facility.
Let’s be clear - in particular, KCPL, Westar, and BPU RATEPAYERS will be affected, suddenly and drastically, by the legislature, without any cushioning by the Kansas Corporation Commission (KCC), Citizen Utility Ratepayers Board, etc. Eastern Kansas ratepayers will be paying for western Kansas electric generation.
Is this punishment for KCPL and Westar for not supporting Sunflower’s bid to build the Holcomb plants? Is it a way for Sunflower to finance the costs of meeting the Governor’s compromise of a 660 MW plant? Could be both. And while there are probably ways to work out the money issue, this seems a punitive way to do it.
The provisions do not appear to provide permission to build the Holcomb plants. However, those could conceivably be amended on in conference committee.
I’ll type up my notes on the transcript of the debate tomorrow.
— Maril Hazlett, www.climateandenergy.org
Frightening factoid - Sunflower plants’ CO2 emissions would equal emissions of 1.65 million cars, twice as much as all cars in Kansas
March 26, 2008
Kansas really, really is popular these days, in terms of our high profile re new coal generation. Representatives of the Union of Concerned Scientists - who also testified at the Holcomb hearings, which is probably part of why they are keeping an eye on us - just crunched some interesting numbers.
The proposed Holcomb plants will emit 11 millions tons of carbon dioxide (CO2) per year, but UCS used ten million tons for their calculation. From an email sent to one of my coworkers:
How much is ten million tons of carbon dioxide? Ten million tons of global warming pollution/yr is about as much as 1.65 million cars emit per year, according to the EPA’s emissions calculator. According to the most recent government data, there are only 857,000 automobiles registered in Kansas. So the new Sunflower coal plants would emit as much as almost twice as much CO2 each year as all the cars in Kansas.
— Maril Hazlett, www.climateandenergy.org
CEP live blogging from the House chamber, waiting to see if SB 148 moves onto the floor today.
March 26, 2008
SUMMARY: Nothing happened on Holcomb II, SB 148. The House Minority Leader passed over the bill today, and didn’t put it on the schedule for tomorrow. The absence of a floor debate is very, very interesting. CEP has heard rumors that the bill is stalling out. John Hanna’s article seems to confirm this, as well as other rumors about vote trading (Hays Daily News).
Also, HCR 5038 - the former baseload bill, HB 2949, which was turned into a resolution - was taken out of General Orders as well.
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11:00 a.m.
Don’t get too excited! On the House calendar, there are sixteen bills under General Orders before SB 148, the new Holcomb bill, comes up for debate on the floor. The House goes into session at 11:00.
They could get to SB 148. Or they might not. The House sergeant-at-arms seemed to think that the session could last until seven or eight tonight, with a possible recess in the middle.
Unofficially, I think I know. This is a perfect example of the Meatloaf Rule in action. Tonight, my husband was going to make meatloaf. He makes great meatloaf. (It’s my recipe and he does it better than me and I’m cool with that.) But whenever there is a House vote I am interested in, and it is a meatloaf night -
- I am late for meatloaf.
Stand by. We await the opening gavel. CRACK. I won’t blog the whole thing, I’ll just lurk and wait.
Exception. Something posted for my husband, a former Marine: Honey, Marine Sergeant Birnbaum just got honored for saving the life of Sergeant Daniel Gilyeat, the Kansas City Marine and father whose leg was blown off in Iraq (Leatherneck.com). ABC Extreme Makeover also redid Gilyeat’s family’s home last fall.
The Chamber gave Birnbaum a standing ovation for a very long time.
More of note. Rep. McLaughlan, as a veteran and Kansan, speaks on behalf of passing HSub226 - the act on funerals, stating that Kansans have a right to grieve in private at funerals, and not be harassed by hate groups - as has been happening across the nation as the Kansas-based Phelps family protests at military funerals, claiming that the war in Iraq is… well, why give that claim air time.
Bill passes unanimously.
They got thru HB 2920. We are recessed until 2:30.
Background: Kansas Governor Kathleen Sebelius vetoed SB 327 last Friday (aka, Holcomb I) and also issued Executive Order 08-03. That bill is awaiting a veto override attempt. It is veto-proof in the Senate but apparently not in the House.
Thus, over Easter weekend the original supporters of SB 327 put together a second vehicle for the legislation (which that would allow Sunflower Electric to build two coal-fired electric generation plants whose carbon dioxide emissions would come to eleven million tons per year).
This morning in the House Committee on Energy and Utilities, a Senate bill was gutted - House Substitute for SB 148 (hereafter SB 148 or Holcomb II, because I refuse to type all that every single time) - and the vetoed bill SB 327 was thrown back into the SB 148 vehicle. Again, the bill was passed with no hearings, no presentations by experts, and it passed out of committee with minimal discussion.
There are four major new provisions - (1) nitrous oxides, sulfur dioxide, and carbon dioxide emissions limits for the Sunflower plants, (2) a retail wind tariff that would subject purchasers of wind power to the status of interruptible power users, (3) energy efficiency, and (4) requiring utilities (except for munis) to create voluntary programs for businesses to carry out greenhouse gas emissions inventories. I’ll discuss these provisions further below.
The apparent reasoning for resubmitting a vetoed bill with these particular changes: My assumption is that these provisions are to try and make it more palatable. Some of the criticisms of SB 327 were that its green provisions were not in fact green.
To define green a little better in this context, green would at least have to mean a fair, balanced, comprehensive, and long-term energy policy for the state of Kansas as a whole, one that also prepares us to face - even take advantage of - a carbon regulated world, where greenhouse gas emissions must be reduced significantly.
Following this reasoning, these new provisions should probably try to approach this standard.
Let’s see how they do.
Legislative Updates: Nope, you didn’t just imagine that
March 24, 2008
Yep! A thirty-seven page bill - Holcomb II, why don’t we call it, aka House Substitute for Senate Bill 148 - just passed the House Energy and Utilities Committee with a minimum of discussion, no testimony, no presentations by experts, and with far-reaching consequences for any hope of a comprehensive, long-term Kansas energy policy. It passed the Committee by a 10-7 vote, with one member who left the room at a crucial moment. CEP covered the committee meeting (note, not a hearing) this morning. No, it is not our policy to name names in (non)voting situations.
The bill is not online yet - this is another gut-and-go (I’m starting to feel so cool, using legislative slang like I actually know what it means). SB 148 is a bill that at one time in its life, made it past the Senate Committee and chamber, but never made it out of the House Committee. So it has been hanging around, waiting for a new life…
… and it got this one! Since it passed Committee, it will have to be read into the House record before the House can take action. If the House passes the bill, the Senate doesn’t have to mess with it, it will just go straight to conference committee. Then back to House and Senate floors for final votes to send to the Governor (but no amendments are possible at that juncture).
And now here is a break in the action - MH is going to take some time, sit down with the new bill, let it sink in, and post more later. If you’d like to read that statement to mean I am also going to pick the brains of much smarter people than I - please feel free.
Look for a more “content-rich” post later in the day. Right now, I have 37 pages of fun.
— Maril Hazlett, www.climateandenergy.org
Don’t get too excited. It’s Monday a.m., I am dreadfully short on brain juice, and may have no idea what I am talking about. Easter really takes it out of me.
But if I’m not too out of it, I did hear scuttlebutt (isn’t that a great word?) saying that this was the time and the place for the Holcomb bill to be introduced.
If not, we’ll just fake our way thru it, right? And I’ll catch up with the bill, wherever it is, later today. Anyway, this Committee never lacks for interesting material. Speaking of the Committee, we await their presence. Hit refresh on your browser to check back in when need be. Kick-off is at 9:00 a.m. (I think).
Members include: Representatives Johnson, Flora, Mast, Sloan, Long, Moxley, Faust-Goudeau, Swanson, Proehl, Keuther (Ranking Minority), Holmes (Chair), Olson (Vice Chair), Svaty, McLachlan, Fund, Knox, Hawk, Light, Neighbor, Morrison, and Myers.
Lots of people here. Lots of chat. Like a cocktail party with no drinks. Not even coffee. Same room circulation patterns, though, you know how it works. It always amazes me that these folks are up, dressed very nicely and everything matches, and functional enough to politic - all at this hour of the morning. At any hour really. I stand in awe. I can look halfway decent and type, but that’s about it.
Chairman Holmes has entered the room.
But… we are still waiting. Oh well. There is always a reason, even if I never know what that reason is. They do have a quorum.
Here we go.
News Update: New Holcomb/ energy bill?
March 21, 2008
This has been rumored, and the Hutch News asks the question straight out - is a new Holcomb bill in the wings?
Looks like there could be. SB 327, the original measure allowing Sunflower Electric to build its proposed 1400 MW coal-fired plant, is on the Governor’s desk and will probably be vetoed by the end of today. Apparently, supporters of the bill will try to wait until the last minute to go for an override, which probably means that it lacks the votes to make the override successful.
What new coal bill could possibly pass this legislature in a veto-proof fashion…? That is an excellent question. I am sitting here trying to figure that out myself. Just like SB 327 (and its companion HB 2066) its provisions are being drafted in secret (which wasn’t a really popular move the first time around), so, who knows. Supposedly, this new measure will be more green.
Hmm. Having sat through all the votes and conference committees, I have to say my impression was that a good chunk of our legislature did consider SB 327 to be green. Even edgily so. They gave it very reluctant support in some cases. However, that same bill struck other folks - quite powerfully - as not green at all, just green-washed, and barely so at that.
This is a pretty significant difference of opinion.
However, it could happen. Although I cannot imagine how in the world they could come up with a bill that offsets the eleven million tons of carbon dioxide that those plants would produce in one year, and also takes into account how those two plants would burden the entire state under a future scenario of carbon regulation, like cap-and-trade. I also don’t see how it can ever be okay to strip the Secretary of KDHE of his power to protect the health and environment of Kansas. I do think it is possible that the drafters could come up with a statewide energy solution, instead of a single bill tailored to one financially challenged company.
The Hutch article mentioned that the recent KDHE/ Westar agreement might be one potential model for a compromise. One significant difference between Westar and Sunflower Electric, though, is that Westar said they weren’t going to build any coal-fired generation in the near future, but rather were going to pursue energy efficiency and wind as a way to reduce and meet load growth until construction of baseload generation was more feasible.
Again, though, anything is possible. What is probable is that this fight will drag on till the last dang ditch. (And that SB 327 could also be hauled back out for an override vote at the last minute.) Quotable from the article:
Sunflower spokesman Steve Miller acknowledged there’s talk of another bill.
“That’s where it is at this point.”
The company won’t walk away if the governor vetoes the initial bill today, he said.
“We’ll be here till this place closes down.”
The thing is, with the Holcomb bill gumming up the works - this place has in effect already closed down. Forget health care reform, forget incentives for renewable energy, forget any other initiative - right now in Kansas, it’s all about coal.
— Maril Hazlett, www.climateandenergy.org
CEP live blogging from conference committee on Holcomb bill, Day 3
February 28, 2008
Hi all. Here we all are again! It’s starting to feel like a family. Weirdly.
The room is much less full than it has been. Wait, no! More have found the meeting. Just to review the cast of characters - Senators Emler (R), Apple (R), and Lee (D), and Representatives Holmes (R), Olsen (R), Kuether (R). The topic at issue is of course the Senate and House talking about the Holcomb/ energy bill, and how to resolve their two very different versions.
Emler begins. They are picking up where they left off, talking about the commission and a possible compromise thereof. Now they are passing out papers (I usually leave this part out. But there is a LOT of passing out papers at these things. A lot.)
Holmes responds. Changing some details about appointees and staffing, how to get researchers, support.
Senate side steps out into hall to talk about it. They decide not to accept the part about taking the Chairman off and putting Vice-Chairs on. The Chairmen of Energy and Utilities stay on. They agree to the rest, and leave that undecided for now.
They debate where to go now. Final bill will be 327 (that’s new). Now back on vehicles, energy efficiency provisions. Lee says the criteria are too contingent on price of gas, which might fluctuate and go down (?).
Silence. Anything else on this provision they need to discuss? Paper flutters.
Holcomb energy bill, to date - and who voted how
February 20, 2008
A few of our readers have asked (okay, begged) for an entry simply giving a quick overview of the legislative journey of the Holcomb bill.
Thanks to a friend and good citizen who prefers to remain publicly unthanked for guiding me through the procedural morass, I am fairly well able to do this. For those of you who are interested in reading the CEP live blog coverage of the Holcomb legislation in full, just click on the “Holcomb Hearings 2008″ category in the column to your right. When the drama is over, CEP also hopes to put together a spreadsheet of some sort showing different versions of the bill, plus votes and explanatory statements from your legislators.
However, before you read further, one major point - all sorts of other powers are calling your legislator and making their own preferences known on this legislation. They are doing this on an ongoing basis. As a citizen, you need to make your voice heard on an ongoing basis, too.
So - no matter what your opinion is on these measures, keep in contact with your legislator (you can find your legislator thru www.kslegislature.org, and their contact info thru the House Roster and Senate Roster). This legislation will be voted on at least one more, possibly two more times.
The results of the recorded votes so far are listed at the end of this entry. Say thank you and offer support if you like their vote; express your feelings if you do not. For tips on how to work with your legislator, check out this section of the CEP main website.
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On Jan. 30, SB 515 and HB 2711 were introduced, each into their respective chamber’s Committee on Energy and Utilities. The bills were identical, and included a wide range of energy initiatives. Opinions differed widely on whether those provisions were effective, or just a cover for building the coal-fired plants. Governor Sebelius reacted very negatively to the proposals, and wrote an open letter regarding her own compromise on Holcomb.
Beginning February 4, the Legislature held four days of Committee hearings simultaneously in both House and Senate (CEP live blog coverage of the House testimony - Day 1, Day 2, Day 3, and Day 4). On Day 5, a little bit of drama occurred, which resulted in the House Committee not working the bill but the Senate going ahead with their version.
The Senate gutted SB 515, removing everything (carbon tax, mitigation, energy efficiency, etc.) except for the Holcomb provisions, the regulatory section regarding KDHE, and nominal net metering for solar. They then dumped this language into HB 2066. This “gut and go” was a procedural strategy to help them move the bill more quickly through the legislative process.
Lo and behold, the House decided to work their version of the bill after all. They went the opposite direction of the Senate and bulked up HB 2711 with many amendments, including an Renewable Portfolio Standard and a proposed commission on science and technology in energy and climate issues. Rep. Tom Sloan offered the latter amendment, explaining that a good chunk of Kansans did not trust the legislature as a whole to act properly on these issues.
