The question of whether to allow two coal-fired plants in Holcomb has dominated the entire 2008 legislative session. It was the topic we started the session on and, now, it appears that it will be the topic we conclude with as well.
Here is a breakdown of the energy issue this session:
Two identical bills were introduced at the beginning of the session, House Bill 2711 and Senate Bill 515, and sent to their respective chambers. These bills were drafted to allow the construction of two coal-fired power plants in Holcomb, Kansas. The plants' construction had previously been halted when Kansas Department of Health and Environment Secretary Rod Bremby denied Sunflower Corporation the necessary air quality permits. Bremby argued the carbon dioxide emitted by the plants would pose a serious threat to the health and safety of Kansans. In short, House Bill 2711 and Senate Bill 515 would have changed Kansas law specifically to allow the plants' construction to continue. The bills also limited the Secretary of KDHE authority to approve or deny air quality permits in the future.
Early in the session, both bills were heavily amended in committee. Some argued the bill imposed too many regulations, others argued the bill did too little to decrease Kansas' carbon footprint. Each bill was amended heavily in committee and removed many of the environmentally friendly provisions. After lengthy debate, both bills passed each chamber in somewhat different forms.
A joint House and Senate conference committee then formed a new version of the bill, which was placed into House Substitute for Senate Bill 327. This bill included some, but not all, of the provisions of the two bills passed by both chambers regarding electricity production and regulation. Senate Bill 327 was vetoed by the Governor on March 21, 2008.
On March 24, the House Utilities Committee created a new bill, House Substitute for Senate bill 148. It was sent to the House Appropriations Committee to exempt it from regular legislative deadlines. Aside from a few additional "green" provisions, House Substitute for SB 148 is identical to Senate Bill 327.
Meanwhile, on April 2, the Senate Utilities Committee took the same action with Senate Substitute for Hose Bill 2919. Both bills passed their chambers, as expected. This allows the energy debate to continue until legislators return to Topeka for the Wrap Up session on April 30
th.