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CEP Legislative Update – Jan. 28, 2022
January 28, 2022

Legislative Update

January 28, 2022

CEP has a rich history of advocacy. We respond to rapidly evolving climate and energy issues by mobilizing Kansans to take action through advocacy, coalition building, legislative action, and regulatory intervention.

Although CEP did not submit testimony during this week’s hearings, we are monitoring the hearings closely. Follow us on Twitter @CEPHeartland to see our live tweets.

Our colleague Zack Pistora with the Kansas Sierra Club submitted this testimony in opposition of SB 323 which would require lease agreements for wind and solar to meet unreasonable requirements. Testimony was split with 7 opponents and 6 proponents. Proponents primarily focused on the need to protect people who don’t want to live near wind or solar development. There was little concern shown for Kansans who want to voluntarily lease their property to harvest the wind and solar. 

SB 325 held two days of hearings. There were ten proponents (including Senator Thompson) and nine opponents plus two neutral testimonies on a bill that would require unzoned counties to have industrial zoning in order to host wind or solar arrays. This bill would also make it nearly impossible for a landowner to enter into a private contract to host wind or solar development. Zack Pistora provides terrific testimony here. 

View last week’s legislative update.

Bills We’re Watching

SB 353 – Establishing certain setback and construction requirements for wind energy facilities and certain operating conditions for existing wind energy facilities. This bill would stop wind development in KS. It requires setbacks of 10 times the turbine height or 5,280 feet, whichever is greater, from non-participating landowners, public buildings, airport, federal wildlife refuge, public hunting or public park. Bill sponsor Senate Utilities Committee. No hearing has been set.

HB 2488 – Establishing the EV energy equity road repair tax act and providing for a road repair tax on electricity distributed from a public charging station for electric vehicles. 3 cents per KWh would be the assessed tax. Introduced by Representative Bill Rhiley (R-Wellington). Referred to Committee on Transportation. No hearing has been set. 

SB 383 – Establishing the Kansas property value protection act to provide for compensation to nonparticipating landowners near wind and solar farms for diminution of real property value under certain conditions. Bill sponsor Senate Utilities Committee. No hearing has been set. 

SB 374 – Discontinuing the property tax exemption for new developments of renewable energy resources. Introduced by Senator Mike Thompson. Bill sponsor Senate Committee on Federal and State Affairs. Referred to Committee on Assessment and Taxation. No hearing has been set.

Recorded Hearings on Anti Wind/Solar Bills

SB 323 – Establishing requirements for instruments that convey a wind or solar lease or easement and requiring that certain disclosures be provided to landowners.Wind and solar industry perceive these bills as government overreach that interferes with private businesses’ right to contract and freely conduct business. Bill sponsor Senate Utilities Committee. Hearing for the bill was in Senate Utilities on 1/26 at 1:30 pm in Room 548 S. Recording available here.

SB 324 – Establishing procedures that may be used to void or terminate leases or easements for electricity generation using wind or solar energy resources. If a renewable energy project doesn’t meet certain milestones at the end of 5 years, leases would be void. Wind and solar industry perceives this bill will subvert private businesses and private citizens-landowners’ right to contract by imposing its own deadlines. Bill sponsor Senate Utilities Committee. Hearing for the bill was in Senate Utilities on 1/27 at 1:30 pm in Room 548 S. Recording available here.

SB 325 – Establishing requirements relating to zoning and recordation of wind and solar energy resource easements and leases. The bill removes the ability for counties to create their own procedures for approving and overturning approval for wind and solar projects. Bill sponsor Senate Utilities Committee. Hearing for the bill was in Committee on Local Government on 1/25 and 1/27 at 9:30 am in Room 142-S. Tuesday’s recording available here. Thursday’s recording available here.

Miss a hearing? View it later on the Statehouse Live & Archive page.

Friends of the Kaw, Water Funding

Friends of the Kaw have been advocating for years for the Kansas State Capitol to fund water. Without full funding, the Kansas Water Office’s State Water Plan has very few resources to protect water quality and quantity. Join Friends of the Kaw in advocating for restoration of funding.

Read more about Friends of the Kaw’s water advocacy on their website.

Kansas Rural Center Policy Watch

CEP is a 2022 co-sponsor of the Kansas Rural Center’s Policy Watch weekly e-updates. KRC monitors the state legislature for decisions affecting a diversified agriculture, the environment, our natural resource base, rural communities, and our local and regional food systems. The weekly e-updates also provide information about upcoming hearings, so constituents can contact legislators or attend. 

Issue No. 4 Covered: redistricting, food issues, water programs, and hearings from this week.

Read and subscribe to their latest issues on their website.

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