Kansas Legislative News - Kansas Chapter of Sierra Club

KLN No. 2
February 7, 2006
Charles M. Benjamin
P.O. Box 1642 , Lawrence , KS 66044
(785) 841-5902; 841-5922 fax; chasbenjamin@sbcglobal.net

H.B. 2644 would require the disclosure of the thermal efficiency of a new home at the time the new home is offered for sale, or at any time upon request by a prospective buyer, rather than "upon request or prior to closing" as is in current law. That disclosure will be on a form, disseminated by the Kansas Corporation Commission. I testified in favor of this legislation on behalf of Sierra Club at a hearing by the House Commerce and Labor Committee on January 30.

S.B. 467 , introduced by the Kansas Department of Health and Environment (KDHE,) would prohibit KDHE from permitting a "solid waste disposal area" (i.e. landfill) on land overlying the Equus Beds aquifer, on an alluvial aquifer five miles upstream from any public water supply well, within one mile of an intake point for any public surface water supply system or a lake with a surface area greater than 100 acres, a well used for a public water supply system, a steam segment with an estimated median flow at the downstream end greater than 10 cubic feet per second, a wildlife refuge, the Tallgrass Prairie National Preserve, the Cimaroon National Grassland, the Konza Prairie Biological Station, the Pratt Sandhills Wildlife Area and the Smokey Valley Ranch, and the Arkansas River (including the western portions in Kansas that sometimes have zero or minimal flow). None of these restrictions would apply to the expansion of existing permitted "solid waste disposal" areas so long as the expanded area complies with "enhanced standards necessary to protect human health and the environment." I testified in support of a strengthened version of this bill at a hearing before the Senate Natural Resource Committee on February 3. The Kansas Association of Counties also testified in favor. Testifying in strong opposition was the Kansas Landfill Association and Sedgwick County government.

S.B. 386 , introduced by KDHE, amends current law that defines "air pollution" to include airborne contaminants that contribute to the formation of "regional haze" and to allow the KDHE Secretary to develop comprehensive plans for the prevention, abatement and control of air pollution not only in Kansas (as in current law) but also that originates in Kansas or that affects air quality in Kansas or in other states. The bill also amends current law to allow the KDHE Secretary to enter into contracts with all local units of government in Kansas , other states and interstate and interlocal agencies to deal with air pollution issues. The bill also would also allow the KDHE Secretary to enter into intrastate or interstate "emissions trading programs" that demonstrate "equivalent air quality benefits for the prevention, abatement and control of air pollution in Kansas or in other states or both." At the hearing before the Senate Natural Resource Committee on January 27 I testified in support on behalf of Sierra Club as did a consortium of utilities. This legislation is needed to bring Kansas into compliance with the federal promulgation of new regulations to the Clean Air Act.

H.B. 2657 allows utilities to recover their authorized rate of return on investments in energy efficiency and conservation programs for residential customers who have an energy audit and are current in their utility bills. I testified in favor of this bill on behalf of Sierra Club on February 3.

H.B. 2642 would set up "the energy policy advisory group" composed of the following members appointed by the governor: an energy economist from a state university; three representatives of businesses that consume fuel in the production of their products; one representative of renewable energy producers; two representatives of other energy producers; three representatives of the energy consuming general public; two representatives of agricultural interests; one representative of energy conservation and efficiency interests; one representative of a Kansas refinery; a tax specialists knowledgeable about energy tax matters; one representative of environmental advocacy groups; two representatives of energy production, consumption, conservation of efficiency interests not otherwise represented on the energy advisory group. Other non-voting ex officio members would include members of the legislature and various state administrative agencies. The advisory group would employ an executive director and technical advisory committees. The advisory group would develop and update a state energy plan. I testified in favor of this legislation, on behalf of Sierra Club before the House Utilities Committee on February 2.

Eminent Domain for Economic and Industrial Development is the subject of several bills before the legislature as a result of recent Kansas Supreme Court and U.S. Supreme decisions authorizing cities and counties in Kansas and elsewhere to use economic and industrial development as a public purpose in order to exercise eminent domain powers to condemn private property. These bills would remove economic and industrial development as a "public purpose" for the purposes of eminent domain either through state law or by a constitutional amendment. Other bills would change procedural requirements to prohibit the use of certain economic development incentives on property condemned for economic and industrial development. At a hearing before the Senate Judiciary Committee on January 31 I testified, on behalf of Sierra Club, as a proponent for limits on the use of eminent domain for economic and industrial development primarily because the use of such authority induces "big box" and other developments that create sprawl and its negative environmental consequences. The Kansas Farm Bureau and the Kansas Livestock Association also called for limiting eminent domain powers for economic development. The Kansas Association of Counties and the Kansas League of Municipalities spoke in opposition limitations on the use of eminent domain for economic development.

Kansas Sierra Club
c/o Charles Benjamin
P.O. Box 1642
Lawrence , Kansas 66044 -8642