Panel suspends work on energy bill

Rep. Carl Holmes, R-Liberal, chairman of the House Energy and Utilities Committee, speaks Wednesday during a hearing on an energy bill in Topeka. Holmes abruptly adjourned the committee meeting Friday shortly after it began, with little explanation.

? A comprehensive energy bill allowing construction of two coal-fired power plants in southwest Kansas and imposing the state’s first rules on carbon dioxide emissions fell off the fast track in the House.

The Energy and Utilities Committee was poised Friday to work on the bill and vote to send it to the full chamber for debate next week. But lack of support by lawmakers caused the unscheduled stop.

“I’ve been ordered not to work this bill. I’ll make no further comment. We are adjourned,” Chairman Carl Dean Holmes, R-Liberal, told the stunned committee.

When reporters asked if the order came from House Speaker Melvin Neufeld, Holmes said: “I’m not going to respond. I told you that.”

Neufeld, who has power over committee chairmen, said it was evident after talking to Republicans that the bill was in trouble.

“We’ll be meeting with interested parties to work on solutions to improve the bill,” the Ingalls Republican said. “With an issue of this statewide importance, we must take our time, do this right and not rush it.”

The committee conducted four days of hearings on the bill this week, and Neufeld said members needed time to digest everything and determine what changes they want to make.

Gov. Kathleen Sebelius doesn’t think much of the bill and believed legislators were moving too fast. She says the proposed CO2 rules are too weak and would encourage utilities to build coal-fired plants.

Those rules would apply to new power plants, and utilities failing to comply would face a tax of $3 for each ton of excess emissions.

“This has been a rushed process, and as people learned more about the legislation, there were lots of concerns,” said Sebelius spokeswoman Nicole Corcoran.

The biggest beneficiary would be Sunflower Electric Power Corp., which wants to build two coal-fired power plants outside Holcomb, in Finney County. Since October, the $3.6 billion project has been blocked by Sebelius’ top environmental regulator because of concerns over C02 emissions.

Sunflower spokesman Steve Miller said the committee’s action caught him by surprise.

“I don’t know what to say. We are open and remain open to working with people,” he said. “Even with what happened, I believe the Legislature wants to help us get this built in western Kansas.”

Environmentalists were pleased with the delay.

“We are encouraged that this one-sided and harmful legislation was not voted on today. Attempting to push this bill through without proper public consideration or debate is unfair,” said Stephanie Cole of the Kansas Sierra Club.

Those in favor of the measure had hoped to build enough support to overcome a possible veto by Sebelius. Asked if the legislation had veto-proof support, Neufeld said: “Not the way it is now.”

Identical energy bills were introduced in the House committee and the Senate Utilities Committee, which plans a Monday vote after four days of hearings this week.

Jay Emler, chairman of the Senate panel, said his committee needs to move on to other issues.

“We’ve got to dispose of this bill one way or the other. Once Monday is over, I don’t intend to go back and work it again,” said the Republican from Lindsborg.

Some had speculated that Neufeld would reassign the House bill to a panel he created this week, called the Select Committee on Energy and Environment for the Future. Its chairman, Republican Don Meyers emerged from a meeting with Neufeld on Friday afternoon saying the rumors were untrue. Meyers, of Derby, said the bill would remain in Holmes’ committee, of which he is a member.

Like Neufeld, Meyers said the bill must be overhauled to pass. He said the carbon tax probably will come out of the bill, possibly increasing support, especially among conservatives.

Some lawmakers believe it’s best to start over.

“This has such a bad reputation that you need to start out with a new bill and a new bill number,” said Rep. Don Dahl, a Republican from Hillsboro.

Rep. Vaughn Flora said one concern was that the bill took away some of the Kansas Department of Health and Environment secretary’s powers on controlling emissions.

“I think it will get out of committee eventually. But I can’t think of amendments that would fix the bill,” said Flora, a Topeka Democrat. “It takes power away from the secretary. I don’t think we want to do that.”