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The Net #3
Kansas Legislative Network News
January 31, 2009

Tom Thompson
Legislative Coordinator
Sierra Club Kansas Chapter
5001 Rock Creek Lane, Mission, KS 66205
Phone: 913-236-9161; cell: 913-687-2405;
email: tomnthompson@sbcglobal.net

Is It Déjà Vu All Over Again?

Or, if you come to a fork in the road, take it. Either of these works because when you come right down to it you end up back where you were.

Early this week it was creepy when in the Senate Utilities Committee Chairman Apple announced he planned to discuss putting together a new Comprehensive Energy Bill. Discussion to begin work was to start this past Wednesday (Jan. 28). He then handed out a document he asked Committee members to read in preparation. That document was House Substitute for Senate Bill 148, one of last years Holcomb Bills.

Although this discussion did not occur this week because of Senate debate on the rescission bill to cut budgets, rumor is that a Comprehensive Energy Bill will be written and submitted next week in the Senate. It is said that it will be based on 148.

It seems obvious that neither the House nor Senate have heard our message about global warming and the impact of building coal plants. Nor have they heard our plea about the economic benefits for Kansas should it become a leader in renewable energy. 

As a teacher, I often heard the average student needs to have contact with new concepts at least seven times before it is learned. Remember that our legislators are being taught opposing views. All legislators need to hear our message again. Personal contact is best, personal letters second best (especially hand written) and emails are next. Legislators pay most attention to people who contact them from their districts so your address and phone number are important.

Most of my activity has focused on energy bills. Most of the activity in the legislature deals with the budget due to the economy and lack of tax revenue. Most of the other action is in the House Utilities Committee at least until the Senate Utilities creates its so-called Comprehensive Energy/Pro-Holcomb Bill.

The House Utilities has 41 bills to consider. They have until February 21st to pass them out of the House. Most of these are energy bills. To manage these bills, Chairman Carl Holmes has created four subcommittees. Bills are first heard by the whole committee then assigned to the subcommittees. They are to look at similar bills and create one bill to recommend to the whole committee for consideration by next Friday (Feb. 6). Even if I made points in testimony, it appears that consolidated bills may not look like what was presented in committee. Many of these may find their way into the Senate’s Comprehensive Energy Plan. Tracking bills has become extremely time consuming.

This week’s testimony

This week I testified three times but on four bills. These were HB 2038, 2043, 2051 and 2064.

HB 2038-neutral
On Monday, 2038 was written by Rep. Tom Sloan and provided for emission controls and standards for CO2, an RPS based on energy production and the building of transmission lines. I gave a neutral testimony on this bill saying we supported the concepts found in the bill. We did not support because of language that was felt to be ambiguous, possibly illegal or not adequately defined. This was pointed out in testimony. Most opponents, who included many of the utilities, also pointed out problems with language.

HB 2043 and 2051-opposed
On Thursday, there was a hearing on 2043 and 2051 which were on net metering, 2043 on wind and 2051 on solar. These provided for a dual metering system where the return was 150% of avoided costs. These bills were identical except for the words solar and wind. Most of our usual allies testified in favor of the bills often indicating preference for a single meter system. Most of the utilities testified in favor it too.

The Citizens Utility Ratepayer Board testified against it saying net metering benefited those with money who could afford these systems and was subsidized by everyone else raising their rates. I testified for the Sierra Club also in opposition but because we support a single meter system with a payback of full retail price for the owner of the system. I also indicated that anyone putting in solar or wind decreased the need for large generation systems to be built also requiring rate increases.

HB 2064-opposed
This bill was a change of pace. It was not an energy bill but rather the Night Sky Protection Act and was heard in the House Utilities Committee’s subcommittee on Energy Efficiency rather than the full committee. Robert Wagner of the International Dark-Sky Association presented it. He was the only proponent and the Sierra Club was the only opponent. KDHE presented neutral testimony indicating that certain determinations in the bill would cost the state about $80,000 a year. At issue was the decreasing of light in the state parks, Cimarron National Grasslands, The Tallgrass Prairie Preserve, Quivera National Wildlife Preserve and military night training areas. I testified saying the unclear wording could jeopardize the development of wind energy in Kansas.

Next weeks schedule for the House Utilities Committee is below. It is long due to the four subcommittees included. It is subject to change especially because many of the bills needing hearings have yet to be written or given numbers. It is also no certain when the Senate will develop their Comprehensive Energy Plan/Holcomb Bill. At this point I will testify for HB 2116  on Monday. This is about base load projections and energy efficiency and load management programs. Tuesday, I will testify for HB 2127, the Governor’s Renewable Energy Standards Act.

HOUSE ENERGY AND UTILITIES COMMITTEE
9:00 a.m. Renae Hansen, Committee Assistant - Ph. 296-7670 Room 783 DSOB
Revision #2

Monday, February 2
Hearing on:
HB 2115 - Repealing K.S.A. 21-4211, criminal penalty for refusing access to a telephone line for emergency purposes.

HB 2116 - Requiring the state corporation commission to annually update base load projections; also requiring utilities to establish energy efficiency and loan management programs.

HB 2117 - Requiring utilities to develop retail tariffs for electricity generated from wind.
Sub-Committee meeting on Emissions issues, Tom Moxley-Chair 7:30-8:30 a.m. 783 DSOB

HB 2016 - Establishing limits for mercury, nitrogen oxide and sulfur dioxide from certain emissions units.

HB 2033 - Requiring utilities to become members of the climate registry.

HB 2034 - Requiring utilities to develop means of reducing greenhouse gas emissions.
Sub-Committee meeting on KCC issues, Vern Swanson, Chair Noon - 1:30 p.m. 785 DSOB

Possible discussion on:

HB 2012 - Establishing a deadline for the court of appeals to decide appeals from administrative orders of the state corporation commission.

HB 2014 - Granting authority to the Kansas Electric Transmission Authority (KETA) to establish and charge reasonable fees for use of facilities owned, financed or administered and services rendered by KETA.

HB 2017 - Establishing a deadline for decisions by the state corporation commission.

HB 2021 - Listing factors to be weighed by the state Corporation Commission when granting a certificate of public convenience to an electric utility.

HB 2035 - Permitting members of large electric cooperatives to elect to be exempt from regulation by the KCC

Tuesday, February 3
Hearing on:

HB 2126 - Requiring telecommunications providers to provide call location information in emergency situations.

HB 2127 - Establishing the renewable energy standards act and net metering and easy connection act, and establishing energy efficiency standards for state buildings.
Sub-Committee meeting on Renewables issues, Forrest Knox, Chair   7:30-8:30 a.m. 783 DSOB

Possible discussion on:

HB 2013 - Establishing renewable portfolio standards for public utilities.

HB 2020 - Establishing the renewable energy incentive program.
Anyone wishing to appear before the Committee on any of the above bills should contact the Committee Assistant at 296-7670.
Please provide 50 copies of written testimony.  Any individual with a disability may request accommodation in order to participate in Legislative committee meetings.  Requests for accommodation should be made at least two working days in advance of the meeting by contacting Legislative Administrative Services at 785/296-2391 (TTY: 785/296-8430).

HB 2038 - Establishing fossil-fuel electric generation standards and evaluating renewable, distributive generation and transmission technology.

HB 2043 - Establishing the net metering and easy connection act for wind generation.

HB 2051 - Establishing the net metering and easy connection act for solar generation.

Wednesday, February 4
Meeting Agenda to be Announced
Hearing on:

HB 2182-Requiring the Kansas air quality act be consistent and uniform with the federal clean air act.
Sub-Committee meeting on KCC issues, Vern Swanson, Chair Noon - 1:30 p.m. 785 DSOB

Possible discussion on:

HB 2012 - Establishing a deadline for the court of appeals to decide appeals from administrative orders of the state corporation commission.

HB 2014 - Granting authority to the Kansas Electric Transmission Authority (KETA) to establish and charge reasonable fees for use of facilities owned, financed or administered and services rendered by KETA.

HB 2017 - Establishing a deadline for decisions by the state corporation commission.

HB 2021 - Listing factors to be weighed by the state Corporation Commission when granting a certificate of public convenience to an electric utility.

HB 2035 - Permitting members of large electric cooperatives to elect to be exempt from regulation by the KCC

Thursday, February 5
Meeting Agenda to be Announced
Sub-Committee meeting on Renewables issues, Forrest Knox, Chair, 7:30-8:30 a.m. 783 DSOB

Possible discussion on:

HB 2013 - Establishing renewable portfolio standards for public utilities.

HB 2020 - Establishing the renewable energy incentive program.

HB 2038 - Establishing fossil-fuel electric generation standards and evaluating renewable, distributive generation and transmission technology.

HB 2043 - Establishing the net metering and easy connection act for wind generation.

HB 2051 - Establishing the net metering and easy connection act for solar generation.

Friday, February 6    8 am - Noon Room 783 DSOB
Sub-Committee agendas to be announced. 
Carl Dean Holmes, Chairperson

Sometimes when hanging around the Capitol you feel like you ’ve got to be very careful if you don’t know where you’re going because you will wind up somewhere else. If we aren’t careful the state of Kansas will be somewhere else.

Thank you Yogi Berra. Yogi said he lived on a looped road so his directions to friends were that when they came to a fork in the road take it till they came to his house. Either way worked. This year it seems that no matter what is going on, we will be back to fighting against a coal fired power plant being built in Holcomb, Kansas.

Tom

Tom Thompson
Legislative Chair
Sierra Club Kansas Chapter

 
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