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CEP Legislative update – January 30, 2023
February 6, 2023
Exciting news on the solar front! The Clean Energy Business Council, a program of the Climate + Energy Project, introduced HB 2227 and HB 2228. Both are expected to receive a hearing, perhaps as early as next week.  

HB 2228 will make changes to the current net-metering laws in Kansas, including the inclusion of municipal and cooperative territories in the definition. If you want solar on your home or business, this bill is key to making that possible!  

HB 2227 is another important component for ensuring solar access to Kansans. Enabling 3rd Party Power Purchase Agreements like many other states offer, we provide another tool to businesses trying to lower their electric rates and utilize more sustainable power options.  Please be on the lookout for advocacy alerts and more details on these two pieces of legislation. These are a MAJOR PRIORITY for the Climate + Energy Project this session.
Statehouse Happenings This Week:
Renewable energy conversations are happening all over the Capitol. 

Tuesday, January 31
The House Transportation committee will hear HB 2004, a bill described as “establishing the EV energy equity road repair tax act and providing for a road repair tax on the distribution of electricity from public charging stations.” We appreciate the dialogue about EVs and look forward to being part of the conversation to ensure all drivers are contributing their fair share, not more, to road maintenance across the state.Meanwhile, Senate Commerce will hold a hearing on SB 47, a preemption bill that prohibits local governments from enacting bans on the use of things like plastic bags. This is a broader bill than ones presented in years past. Last year, Governor Kelly vetoed the bill and it was sustained.  

Wednesday, February 1
House Financial Institutions and Pensions members will receive an informational hearing on ESG: Environmental, Social, and Governance Investing. Rumors abound about bills to restrict investment decisions based on ESG scoring criteria. We’re encouraged that this is only an informational hearing and hope bills to restrict investment choices are not introduced.  

Thursday, February 2
A bill to restrict County Commissioners voices on renewable energy will receive a hearing in Local Government on Thursday. SB 86 is another anti-renewable bill. We’re disappointed it is receiving a hearing and focused on ensuring it doesn’t advance beyond the committee.  View the committee hearings and recordings on the Statehouse Live & Archive page.
Bills We’re Watching

HB 2004 – Concerning taxation; relating to electric vehicles; establishing the EV energy equity road repair tax act and providing for a road repair tax on the distribution of electricity from public charging stations. Introduced by Rep. Randy Garber, R-62. Referred to the Committee on Transportation.Hearing: Tuesday, January 31, 2023, 1:30 PM Room 582-N 

HB 2091 – Concerning agriculture; relating to the Kansas department of agriculture; requiring the secretary of agriculture to establish a division of sustainable agriculture that shall apply for federal grant funds under the greenhouse gas reduction fund to assist farmers in converting to renewable energy and sustainable agriculture practices. Introduced by Rep. Highberger. Referred to the Committee on Agriculture and Natural Resources. No hearing has been set. 

HB 2154 – Concerning public utilities; relating to the regulation and oversight of public utilities; providing for the statewide election of the commissioners of the state corporation commission; establishing an election schedule for the election of such commissioners; authorizing gubernatorial appointments until commissioners are elected; relating to the attorney general; requiring the office of the attorney general to represent and protect the collective interests of utility customers in utility rate-related proceedings before the state corporation commission and in any other judicial or administrative proceeding; establishing the utilities regulation division within the office of the attorney general and providing duties therefor; exempting the state corporation commission from the open meetings act; amending K.S.A. 25-101, 25-101a, 25-4001, 25-4142, 66-117a, 66-1236, 66-1502, 66-1503, 66-2204, 74-601, 74-605, 74-630 and 75-4318 and K.S.A. 2022 Supp. 66-1,251 and repealing the existing sections. Referred to the Committee on Energy, Utilities and Telecommunications. No hearing has been set. 

HB 2155 – Concerning electric utilities; relating to the state corporation commission; requiring the commission to evaluate the regional rate competitiveness of an electric utility’s rates in rate proceedings; amending K.S.A. 66-101b and repealing the existing section. Referred to the Committee on Energy, Utilities and Telecommunications. No hearing has been set. 

HB 2156 – Concerning public utilities; relating to the state corporation commission; authorizing public utilities to establish rates to benefit low-income residential customers. Referred to the Committee on Energy, Utilities and Telecommunications. No hearing has been set. 

HB 2173 – Concerning political subdivisions of the state; relating to building codes or similar rules; providing that such provisions shall not prohibit refrigerants approved for use under federal law. Referred to the Committee on Commerce, Labor and Economic Development. No hearing has been set. 

SB 46 – Concerning wind energy conversion systems; relating to aviation obstruction lighting; requiring existing wind energy conversion systems to install light-mitigating technology systems subject to the approval of the federal aviation administration. Referred to the Committee on Utilities. Hearing Recording: Wednesday, January 25, 2023, 1:30 PM Room 548-SHearing Continuation Recording: Thursday, January 26, 2023, 1:30 PM Room 548-S 

SB 47 – Concerning cities and counties; prohibiting the regulations of consumer merchandise and of auxiliary containers that are designed for the consumption, transportation or protection of consumer merchandise. Referred to the Committee on Commerce. Hearing: Tuesday, January 31, 2023, 10:30 AM Room 546-S 

SB 49 – Concerning wind energy conversion systems; relating to aviation obstruction lighting; requiring new wind energy conversion systems to be constructed with light-mitigating technology systems prior to the commencement of operations subject to the approval of the federal aviation administration. Referred to the Committee on Utilities. Hearing Recording: Wednesday, January 25, 2023, 1:30 PM Room 548-SHearing Continuation Recording: Thursday, January 26, 2023, 1:30 PM Room 548-S 

SB 54 – Concerning sales taxation; relating to rates; expanding the eligible uses for the 0% state rate for sales of certain utilities and providing for the levying of such tax by cities and counties; amending K.S.A. 12-189a and K.S.A. 2022 Supp. 79-3603 and repealing the existing sections. Referred to the Committee on Assessment and Taxation. Hearing: Wednesday, February 1, 2023, 9:30 AM Room 548-S SB 68 – Concerning electric transmission lines; relating to construction and ownership of certain electric transmission lines; providing incumbent electric transmission owners a right of first refusal. Referred to the Committee on Utilities. No hearing has been set. 

SB 78 – Concerning electric utilities; relating to the state corporation commission; requiring the commission to evaluate the regional rate competitiveness of an electric utility’s rates in rate proceedings; amending K.S.A. 66-101b and repealing the existing section. Referred to the Committee on Utilities. No hearing has been set. 

SB 86 – Concerning governmental ethics; relating to actions of local governmental officials affecting the development, construction and operation of certain renewable energy systems; requiring local governmental officials and candidates for local office to disclose substantial interests in a renewable energy system; prohibiting local governmental officials who have a substantial interest from acting on matters relating to the renewable energy system; amending K.S.A. 75- 4301a, 75-4303a and 75-4306 and repealing the existing sections. Referred to the Committee on Local Government. No hearing has been set. 

SB 88 – Concerning public utilities; relating to the regulation and oversight of public utilities; providing for the statewide election of the commissioners of the state corporation commission; establishing an election schedule for the election of such commissioners; authorizing gubernatorial appointments until commissioners are elected; relating to the attorney general; requiring the office of the attorney general to represent and protect the collective interests of utility customers in utility rate-related proceedings before the state corporation commission and in any other judicial or administrative proceeding; establishing the utilities regulation division within the office of the attorney general and providing duties therefor; exempting the state corporation commission from the open meetings act; amending K.S.A. 25-101, 25-101a, 25-4001, 25-4142, 66-117a, 66-1236, 66-1502, 66-1503, 66-2204, 74-601, 74-605, 74-630 and 75-4318 and K.S.A. 2022 Supp. 66-1,251 and repealing the existing sections. Sponsored by Committee on Utilities. No hearing has been set.
Kansas Rural Center Policy Watch
CEP is a 2023 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.  Read and subscribe to their latest policy watch issues on their website.
Climate + Energy Project
PO Box 1858
Hutchinson, KS 67504

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