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Kansas Legislative News - Kansas Chapter of Sierra Club

KLN No. 6
March 25, 2006
Charles M. Benjamin,
P.O. Box 1642, Lawrence, KS 66044
(785) 841-5902; 841-5922 fax; chasbenjamin@sbcglobal.net

Today is "drop dead" day at the Kansas legislature where bills must emerge out of the "second house". House-Senate conference committees will meet on 3/27 and 3/28 to work out differences between different versions of the same bill. The full House and Senate will start meeting again on Wednesday 3/29, are expected to take "first adjournment" by 4/1 and return for the "veto session" on 4/26.

Eminent Domain for economic development. Substitute for Senate Bill 323, which passed the Senate on 3/21 on a vote of 27 to 13, prohibits the use of eminent domain for economic development purposes unless the legislature approves the taking. The bill provides that taking of private property by eminent domain for the purpose of selling, leasing or transferring it to another private entity is not permitted unless the taking meets any of the following conditions:

  • The property is deemed excess real property that was taken lawfully and incidental to the acquisition of right-of-way for a public road, bridge or public improvement project of the Kansas Dept. of Transportation or a municipality (with municipality defined as cities, counties and unified governments).
  • The property is used for the operation of facilities necessary for the provision of services of any privately-owned common carrier (e.g. trains & buses).
  • The private property owner has acquiesced in writing to the taking by any municipality.
  • The property has defective or unusual conditions of title or unknown ownership interests in the property and is taken by any municipality.
  • The property is unsafe for occupation by humans under building codes.
  • The taking is expressly authorized by the legislature by enactment of a law that identifies the specific tract(s) to be taken.

On 3/24 the full House voted favorably on Substitute for S.B. 323 with amendments that would:

  • Exempt a project in Manhattan currently underway that uses tax increment financing.
  • Require land surveys done on condemnations be carried out by licensed land surveyors.
  • Provide 200% of fair market value compensation to any land owner whose land is condemned for any purpose.

On June 23, 2005 the U.S. Supreme Court ruled in Kelo v. New London that the "public use" provision of the 5 th Amendment "takings clause" of the U.S. Constitution permits the use of eminent domain for economic development purposes without a finding that the private property to be taken is blighted. The Supreme Court also ruled that state legislatures could set limits on the use of eminent domain for economic development. Sierra Club supports limits on the use of eminent domain for economic development because of concerns that the use of "takings" for this purpose induces sprawl. Substitute for Senate Bill 323 now goes to a House-Senate conference committee.

Judicial review of air pollution control permits for coal plants. S.B. 361, that makes the court of appeals the court of original jurisdiction for any judicial appeals to air pollution control permits issued by KDHE, passed out of the House Judiciary Committee on 3/20. Rep. Vaughn Flora, the ranking Democrat on the House Environment Com., unsuccessfully attempted to amend H.B. 3009 (introduced by Sierra Club that would require 80% reduction of mercury emissions from coal fired plants) onto S.B. 361 on the floor of the House. Rep. Flora did an excellent job of explaining to his colleagues the impacts of mercury pollution and the proven ability of utilities to reduce their mercury emissions, at very little cost, by 80% or greater. Thank Rep. Flora by e-mail at vflora@sbcglobal.net or by telephone at 785-232-5147. S.B. 361 now goes to Governor Sebelius for her signature.

Lottery funds for state and local parks. S.B. 583 authorizes "demand transfers" from the State Gaming Revenues Fund, which is derived from the Kansas Lottery, of $4 million to the Department of Wildlife and Parks and $1 million the Local Government Outdoor Recreation Grant Program Fund, which is established by this legislation. S.B. 583 passed the Senate on 3/23 on a vote of 47-2 and now goes to the House for consideration. Sierra Club supports S.B. 583 in order to provide additional funds to state and local parks. As your state representative to support S.B. 583.

Energy efficiency . On 3/22 the House Utilities Committee agreed to amend Substitute for S.B. 70 with provisions that would create tax incentives for improvements of energy efficiency of non-owner occupied housing units as follows:

  • $100 per dwelling unit for each 6 inches of ceiling insulation installed:
  • $300 for newly installed heating, ventilation or air conditioning system, meeting energy efficiency standards described in the bill, that replaces an existing system in a single family dwelling or a duplex;
  • $300 per dwelling unit served by a replacement heating, ventilation or air conditioning system, meeting energy efficiency standards described in the bill, for multi-family residences other than duplexes;
  • Excess tax credits could be carried forward for up to five years;
  • Depreciation of new heating, ventilation, and air conditioning equipment meeting the standards described in the bill could be taken over 5 years.

Substitute for S.B. 70 moves on the full House on 3/29, 3/30 or 3/31. Contact your state representative and ask them to vote Yes on Substitute for S.B. 70.

From: Charles Benjamin,
P.O. Box 1642,
Lawrence, Kansas 66044-8642