By Zack Pistora, Lobbyist for Sierra Club Kansas Chapter
The Kansas Legislature is nearing the end of its 2023 regular Legislative Session with adjournment set for April 6th. With a new slate of first-time House members, a new two-year legislative cycle for fresh legislation, and a $3 billion budget surplus to kickoff the session, there was some hope for a productive session. But promising legislation on water funding, solar and wind energy, a new state park, lower utility rates, community protections against swine facilities later ran into political roadblocks. And legislation to ban environmentally-responsible investment portfolios and to prevent local governments from restrictions on single-use plastics gained traction. In this final week, Kansans must encourage their elected officials to do right by our state’s future and side with the environmentally-positive positions.
Here are the priority bills for the Sierra Club Kansas Chapter.
Water
HB 2279 – More Reporting from Groundwater Management Districts (SUPPORT)
· This bill would require annual reporting and identification of ‘areas of concern’ for water depletion within the jurisdiction of Groundwater Management Districts. The bill passed the House 116-6, but was further amended in the Senate, passing 35-5. This bill will now go to Conference Committee for negotiations.
Our view: the more oversight of entities entrusted to conserve water supplies the better.
Sub for HB 2302 – Dedicated Funding for the State Water Plan Fund & Reservoir Debt (SUPPORT)
· HB 2302 initially dedicated a portion of state sales tax to the chief plan on water, the State Water Plan Fund. This bill passed the House 119-3. However, the bill was amended in the Senate to a State General Fund transfer of $35 Million per year for the next 4 years; passed 39-1. The bill also includes money to pay down $52 million of debt for Milford and Perry Reservoirs. The bill creates a Water Technical Assistance Fund and Water Projects Fund as well.
Our view: Although more funding for water programs and projects is a good beginning, the major users and polluters ought to be footing the bill for most of our water initiatives. We need more substantive water policy to address the fundamental water issues, including the over-appropriation of water rights.
Energy/Utilities
SB 278 – Utility Data Reporting for Community Assistance (SUPPORT)
· SB 278 would require public utilities to disclose their customer debt and shut-offs by zip code and census tracts, and includes reporting to show which communities have residents who struggle to pay their utility bills. The goal of the bill is to help focus utility assistance resources and energy/water conservation efforts to communities most in-need. SB 278 had a hearing in the Senate Utilities Committee, but strong opposition from utilities has stalled the legislation for this year.
SB 49 – Light-Mitigation Technology for Wind Farms (SUPPORT)
SB 49 would require wind energy developers to seek approval from the Federal Aviation Administration to install light-mitigation technology on new wind projects and in existing wind farms when contracts are renewed. The bill passed the Senate 39-1 and passed the House 118-6.
Our view: Reducing the night-time lighting on wind turbines will increase our state's dark skies, help wildlife, and ease objection from surrounding communities.
HB 2225 – Utilities’ Rate of Return for Transmission Build-Out (SUPPORT)
HB 2225 represents a compromise between utilities and industrial consumers on the rate of return for transmission spending. The bill passed 120-1 in the House and 37-2 in the Senate.
Our view: Transmission is key to accessing low-cost renewable energy across the state. This bill offers certainty for transmission development and a fair rate of return for utilities.
Air
HB 2173 – Ensuring Better Refrigerants are Allowed (SUPPORT)
This bill would prevent local governments from restricting the use of new, more efficient, environmentally-friendly refrigerants.
Our view: Bad refrigerants released into the atmosphere can be a major greenhouse gas source. Local governments should be empowered to pursue policies that offer the best environmental impact. Ensuring the availability of better refrigerants throughout Kansas can lead to a reduction of greenhouse gases.
Land
HB 2331 – Creating the Lehigh-Portland State Park (SUPPORT)
A new state park in Iola, KS can be created with the authorization of the Kansas Legislature. HB 2331 passed the House 101-21 and stands a good chance of passing the Senate.
Our view: State parks offer a great value for both land conservation and recreation. Kansans deserve more protected and publicly-accessible land. The people of Iola strongly support this offering of land for a public park; lawmakers should respect the community’s wishes and pass HB 2331.
Plastics
HB 2446 – Prohibiting Municipalities from Restricting Auxiliary Containers (OPPOSE)
HB 2447- Prohibiting Municipalities from Banning any Products or Services (OPPOSE)
Both bills disempower Kansas communities – at city and county government levels – from banning auxiliary containers (and more in the case of HB 2447) like single-use plastics.
Our view: Single-use plastics pose a major source of environmental pollution from start to finish with their heavy reliance on hazardous petrochemicals and inadequate waste management. Communities should be able to enact environmentally-sound solutions for their people. Either of these bills may need the veto pen of Governor Kelly if passed.
SB 114 – Clarifying Legal Status for “Advanced Recycling” Facilities (OPPOSE)
The American Chemistry Council, a petrochemical association, wants to classify refining facilities that melt down non-recyclable plastics as manufacturing factories instead of as solid waste advanced incinerators. The bill passed the Senate 28-10, House 101-22.
Our view: The proposed status change will reduce the amount of required environmental permitting and could lead to public subsidies for incinerating facilities. Manufacturers should focus on redesigning packaging materials for better recycling and reducing the usage of fossil fuels and hazardous chemicals in production. Instead, the misleading terms, “Advanced Recycling” and “Chemical Recycling” are designed to give cover to the environmentally-destructive enterprises of the petrochemical industry.
Taxes/Finances
SB 126 – Income Tax Credit for Residential Solar and Wind (SUPPORT)
The tax committee in the Senate advanced SB 126 that would allow Kansans to claim the maximum allowable federal tax credit for residential solar and wind systems on their Kansas personal taxes. If added to the Senate tax bill, it could sweeten the final tax package sent to the Governor.
Our view: Kansas is the 8th sunniest state in the US and Kansas lawmakers should embrace this financial incentive for clean power on residential properties. Rooftop solar would add several benefits, including strengthening our local electrical grid, reducing electric rates, and reducing the need for dirty energy sources.
HB 2436 / SB 291 – Regulating Environmental, Social, Governance standards on KPERS holdings (OPPOSE)
Republican leaders across the state and country have targeted “ESG” standards, a risk-assessment framework for investors, as a politically-motivated agenda by Wall Street to boycott fossil fuels. In reality, smart investors know that it's risky to invest in companies which waste energy or pollute the environment.
Our view: Asset holders and companies with ESG standards are simply offering better, less risky investments, products, or services.
SB 248 – Eliminating the Sales Tax on Food (SUPPORT)
The Senate passed SB 248 to advance the date for elimination of the state sales tax on food to January 1st, 2024. The Senate also eliminated the local portion of the sales tax – which may not meet the approval of the House or Governor.
Our view: The current food sales tax is regressive and unjust; it disproportionately affects those on low and fixed incomes.