Legislative Update
February 11, 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.
This week, the Senate Utilities Committee held two hearings over SB 353. This bill follows the path of anti-wind bill SB 279 in 2021 and HB 2273 from 2019. There have been eight other anti-climate bills introduced this year! SB 325, SB 324, SB 323, SB 374, SB 383, HB 2488, SB 350.
Wind Energy Works for Kansas–with 42 wind farms generating 44% of our electricity, Kansans know wind energy has been good for our state, environmentally and economically. Wind power is largely responsible for our 40% decline in carbon emissions and the “Economic Impacts of Kansas Wind Energy” report indicates Kansas counties and landowners with leases will receive $1.51 Billion dollars in direct economic benefits for wind farms operating at the end of 2020. Kansas landowners receive approximately $33.6 million dollars in land lease payments annually.
SB 353 is not designed to help protect the safety and welfare of Kansans, but to stop wind development completely. Contact your Representative and Senator today and tell them you SUPPORT wind energy. We need continued growth in renewable energy to support our economic recovery and protect our environment.
View last week’s legislative update on our website.
Bills We’re Watching
SB 350 – Allowing rate recovery by electric public utilities for certain electric generating facilities. SB 350 forces the KCC to consider coal plants to be deemed ‘used or useful,’ even when they are running at less than half capacity, further contributing to air pollution while also remaining in the rate base that customers are charged for. Closing underutilized coal plants through securitization would save customers on their bills and provide a more efficient use of power generation. Requested for introduction by Laura Lutz on behalf of Evergy. Referred to and sponsored by 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.
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.
This bill is not designed to help protect the safety and welfare of Kansans, but to stop wind development completely. Read more here.
Proponents Hearing: Feb. 9, 1:30 PM, Room 548-S. Recording available here.
Opponents Hearing: Feb. 10, 1:30 PM, Room 548-S. Recording available here.
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.
Water Policy
HB 2686 was introduced Thursday, Feb. 10 and referred to the House Committee on Water. This bill proposes creating the Kansas Department of Water and Environment within the executive branch and transferring the duties of certain offices to such department.
It would also establish the water and environment maintenance fund and the water and environment maintenance board, modify election procedures for groundwater management districts, establish a water rights fee on owners of water rights and permits to appropriate water for beneficial use, authorize the chief engineer to issue certain orders without review by the secretary of water and environment, increase water protection fees, establish a civil penalty for obstructions in streams violations and establish the water structures emergency fund.
Hearing: Wednesday, February 16, 2022, 9:00 AM Room 152-S.
Hearing: Thursday, February 17, 2022, 9:00 AM Room 152-S.
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.
Save the Date! 2022 WEALTH Day
Save Thursday, March 3rd to your calendars for a virtual day of advocacy from the Kansas WEALTH State Table.
Our network of organizations will be focusing on climate issues across Kansas as they relate to Water, Energy, Air, Land, Transportation, and Health.
The day will include advocacy training, legislative briefing, a panel discussion from the Kansas Youth Power Coalition, and a toolkit for digital advocacy.
Check our event page for updates!
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. 6 Covered: redistricting, housing legislation, food sales tax, Kansas Food & Farm briefs on KS food systems and food insecurity, natural gas price hikes, cattle market manipulation, and legislative briefs, hearings, and deadlines.
Read and subscribe to their latest issues on their website.
