Topeka — A Sunflower Electric Power Corp. executive said Wednesday that legislation designed to allow the company to build two coal-burning power plants was needed to establish the rule of law and protect freedom.
Environmentalists disagreed.
“You stand as watchmen,” Mark Calcara, vice president and general counsel for Hays-based Sunflower Electric, told the House Energy and Utilities Committee.
He said a decision more than a year ago by Kansas Department of Health and Environment Secretary Roderick Bremby rejecting permits for the two 700-megawatt plants in southwestern Kansas represented a departure from the law.
Bremby denied the permits in 2007, citing his authority to protect the health of Kansans and the environment. The project annually would emit 11 million tons of carbon dioxide, a greenhouse gas linked to climate change.
The Legislature passed three bills in 2008 to reverse Bremby’s decision, but Gov. Kathleen Sebelius vetoed the bills, and supporters of the plants were unable to gain the two-thirds majority to overturn those vetoes. Sunflower Electric has filed lawsuits seeking to get the plants built.
Bremby’s decision, Calcara said, was based on a “whim.” He said state and federal law doesn’t regulate CO2 emissions.
“If the rule of law is violated, then all of our other freedoms are at risk. We’ll lose our freedoms inch-by-inch by well-meaning Americans — well-meaning Americans who believe the ends justifies the means. Tyranny begins the first time the rule of law is deviated from,” Calcara said.
He and other business representatives voiced support of House Bill 2182, which would essentially overturn Bremby’s decision.
Amy Blankenbiller, president and chief executive officer of the Kansas Chamber, said the legislation would help the economy and ease industry concerns about state regulations.
“The Legislature needs to make it very clear that Kansas is open for business,” Blankenbiller said.
Environmentalists had a different take on the legislation.
“The Sierra Club believes climate change is real and something needs to be done about it. Instead HB 2182 will contribute to climate change while catering to a special interest,” said Tom Thompson, representing the Kansas chapter of the Sierra Club.
Thompson said the state should focus on developing renewable energy such as wind. He said the U.S. Supreme Court has ruled that CO2 is a pollutant that may be regulated if it presents a danger to health and environment. Bremby’s denial of the Sunflower permits is consistent with his authority, Thompson said.
Nancy Jackson, project director of the Climate and Energy Project, said the bill would prevent the secretary of KDHE from responding to emergency threats.
Jackson said she was speaking as a mother of two daughters and not in her professional capacity.
“In an age of terrorism, biological weapons and increasingly extreme weather, Kansans need and deserve a Department of Health and Environment ready and fully able to protect our health,” she said.
The committee took no action on the bill after the 50-minute hearing. Chairman Carl Holmes, R-Liberal, said the committee would spend 20 minutes today for more questioning of those who testified.
Comments
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zzgoeb (anonymous) says…
Business people that drink from the Chamber of Commerce well...we need the plants to be secure! Do these folks not read any news? Just take a look at the WR plant in Lawrence on a warm day...check the soot coming from the stack! The Department of Health and Environment is the name, so let's save the environment and our health!
Liberty_One (anonymous) says…
The US is the Saudi Arabia of coal, but people fight it at every turn.
staubachian (anonymous) says…
It is simply impossible for someone as high profile on energy issues as Ms. Jackson to be considered speaking as a mother and not in her professional capacity. Appearantly Wes didn't give her permission to speak on behalf of "The Project"
asleepinthechapel (anonymous) says…
Just say no.
Budgets_Smudgets (anonymous) says…
"It is simply impossible for someone as high profile on energy issues as Ms. Jackson to be considered speaking as a mother and not in her professional capacity."_______________I suspect Ms. Jackson is just dancing a two-step to protect the IRS status of her Climate and Energy Project as a 501(c) organization. I suspect her organization is not one which is supposed to be involved in political advocacy.
yankeelady (anonymous) says…
I cringe every time I see "good for business" or "open for business" etc. It is never good for the individuals. They didn't want an increase in the minimum wage, or more health insurance coverage either as I recall. I looked on the Chamber's website for a way to contact them, but could find no way to express my opinion. Granted, it isn't worth much, but it would be nice to express it. Why do we want to project the idea that any company that wants to can come in and do pretty much whatever they want? I really would like to see the coal plants on a state wide ballot. Now that would be interesting.
KansasVoter (anonymous) says…
Kansas doesn't need and Kansans don't want the Holcomb expansion.
Hermanoid (anonymous) says…
"The Legislature passed three bills in 2008 to reverse Bremby’s decision, but Gov. Kathleen Sebelius vetoed the bills, and supporters of the plants were unable to gain the two-thirds majority to overturn those vetoes."1. Power company wants to build toxic plants.2. Health and Environment Sec'y Bremby denied the permits, in accordance with the duties of his office.3. Legislature tries to allow plants anyway.4. Governor vetoes.5. Power company fails to get 2/3 majority to overturn the veto.That's the rule of law, Calcara. Suck it up.
rusty2 (anonymous) says…
what about the Ogallala Aquifer?these idiots are going to much more rapidly deplete the most important regional resource for agriculture in a time of drought and increasing climate change?a good idea?hardly.http://en.wikipedia.org/wiki/Ogallala_Aquifer
rusty2 (anonymous) says…
dear amy blankBRAINAmy Blankenbiller, president and chief executive officer of the Kansas Chamber, said the legislation would help the economy and ease industry concerns about state regulations.what about Kansas agriculture is that not 1/3 of the economy? how does rapid aquifer depletion and pollution of the air & water help wheat production?
rusty2 (anonymous) says…
clean coal is an oxymoronarticle in High Country News from Paonia, Coloradohttp://www.hcn.org/articles/clean-coal-is-an-oxymoron