Coal bill lacks override strength

Topeka Capital-Journal, The, Feb 28, 2009 by Tim Carpenter

By Tim Carpenter

THE CAPITAL-JOURNAL

The House fell short of passing an energy bill Friday with enough votes to trump the governor's threat to veto the legislation because it limited the power of state regulators to block new coal-fired power plants.

House Speaker Mike O'Neal, R-Hutchinson, easily won adoption of the bill 79-44, but the measure went to the Senate without the two- thirds majority of 84 votes necessary to override a veto. The Shawnee County delegation in the House split along partisan lines.

Gov. Kathleen Sebelius marked the occasion by calling upon legislators to work on an alternative that helps make Kansas a leader in wind development and biofuel production -- not a booster of coal plants.

"It would be beneficial for Kansas to make a clear public policy statement embracing a clean energy future," Sebelius said. "Tying these proposals to coal plants is not beneficial for our environment or for the health of Kansans."

O'Neal didn't concede defeat in the high-stakes contest over expanding a $3.6 billion coal plant on the outskirts of Holcomb in southwest Kansas.

The bill deals effectively with regulatory issues linked to the stalled coal project, the state's need to expand electrical production and the promotion of renewable energy, the speaker said.

"We are disappointed by the governor's remarks that this bill is 'dead on arrival,' " O'Neal said. "This bill is for our consumers, workers, business partners and taxpayers. It's a signal for those outside our borders that we are open for business, embrace the full array of energy resources, have regulatory certainty and don't cling to environmentally extreme or scientifically flawed views."

The House bill diminishes the authority of the Kansas Department of Health and Environment to determine whether proposed new coal plants receive an air-quality permit necessary to begin construction. This controversy erupted in 2007 when KDHE Secretary Rod Bremby denied an application from Sunflower Electric Power Corp., of Hays. He said the 11 million tons of carbon dioxide that would be released annually at the plant was a health hazard.

Sunflower is working with Texas and Colorado companies to develop new coal-burning units at an existing power plant in Finney County.

Senate President Steve Morris, R-Hugoton, said he would expect a "strong vote" in support for the project when the full Senate considers an energy bill tied to Holcomb. It could emerge from a Senate committee next week.

"I don't think you can ignore $3.6 billion of economic development," Morris said.

In the 2008 session, Sebelius vetoed three coal bills. The Senate GOP leadership had the 27 votes to override the governor, but the House couldn't muster enough votes to hand a major defeat to the governor.

House Minority Leader Paul Davis, D-Lawrence, said House Republicans wouldn't get 84 votes for a Holcomb bill in the 2009 session.

"If we're going to insist upon Holcomb being part of this," Davis said, "I think we end up walking out of this session with nothing."

Tim Carpenter can be reached

at (785) 296-3005 or

timothy.carpenter@cjonline.com.