Legislative Update
February 18, 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 tried to work SB 323 and SB 324. While there was an attempt from some committee members to add amendments to these bills, Chairman Thompson could not get a second to move either bill for a vote from committee members.
Also happening this week:
- Two hearings were held on Wednesday and Thursday for HB 2686, which proposes creating the Kansas Department of Water and Environment within the executive branch and transferring the duties of certain offices to such department. CEP provided testimony in support of the water bill, available here. The committee is expected to take final action on the bill at 9:00 AM Monday.
- CEP also provided testimony against SB 349 rate freeze bill to the Senate Utilities Committee, which proposes limiting increases on electric retail rates and providing certain exceptions, which is available here. While we believe keeping utility rates low is important, this bill could have a negative impact on energy efficiency programs, which are important for lowering utility bills.
View last week’s legislative update on our website.
Bills We’re Watching
HB 2689 – Limiting cost recovery of replacing coal-fired electric generation facilities in rates, requiring public utilities to purchase certain electricity generated from coal-fired facilities and exempting certain coal-fired electric generation facilities from regulation. Introduced Feb. 10 and sponsored by the House Committee on Federal and State Affairs. Referred to House Committee on Energy, Utilities, and Telecommunications. No hearing has been set.
HB 2696 – Establishing electric generation requirements for certain renewable energy resources that provide baseload generation supply to public utilities. Requested for introduction by Representative Barker (R-District 70). Introduced Feb. 11 and sponsored by the House Committee on Federal and State Affairs. Referred to House Committee on Energy, Utilities, and Telecommunications. No hearing has been set.
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.
Save the Date! 2022 WEALTH Day
This year, WEALTH Day will focus on ways to show support from afar for policies related to the WEALTH topics: Water, Energy, Air, Land, Transport, and Health.
Participants will receive a Digital Toolkit that offers specific actions, messaging, and talking points to be used in advocacy efforts throughout the day – they may pick and choose which topics to support and actions to take.
The day will include advocacy training, legislative briefing, a panel discussion from the Kansas Youth Power Coalition, Kansas Energy Efficiency Investment Act (KEEIA) briefing, and a toolkit for digital advocacy.
Register today and view more details on our event page!
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. 7 Covered: proposed water reforms, redistricting update, KDA budget overview, energy briefs, Kansas slaughter facility maps, and federal food and farm policy.
Read and subscribe to their latest issues on their website.
