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The next KEC meeting will be on June 28 & 29, 2006.
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Legislation
Status on 2006 KEC recommendations
Recommendation #1 - Amend Article 9 of the Uniform Commercial Code
to restore a priority
creditor status for sellers of oil and gas production when a purchaser
is in bankruptcy. Such an amendment would follow the language of the
former K.S.A. 84-9-319 which was repealed in 2000.
- Status: Introduced as House Bill 2104 on Jan. 20,
2005.
Passed by House, 123-0, on
Feb. 23, 2005. Referred to Senate Judiciary committee on Feb. 24, 2005. Hearing
scheduled in Senate Judiciary committee for Jan. 25, 2006,
passed out of the full House on 2/23 (123 to 0); referred to Senate
Judiciary on 2/24; hearings were held on 2/28 and it was passed as
amended on 3/7; passed by full Senate on 3/15 (40 to 0); Conference
Committee report adopted by Senate and House on 3/31;
signed into law by Governor on
4/20.
- View HB2104 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 2104 under Track a Bill at right.
Recommendation #2 - Amend legislation to include an assistance program
to help retail petroleum marketers more effectively comply with new federal regulations
for Spill Prevention, Control and Countermeasures, to ensure that rural farm and
commercial markets continue to have petroleum products available. It is estimated
that the cost of compliance for small businesses may be high enough that some
marketers will not be able to maintain their current array of petroleum products for local
communities. The loss of regional supply sources for a given petroleum product could
significantly impact local agricultural and commercial businesses.
- Status: Introduced as
House Bill 2756 on Jan. 27, 2006; referred to Environment on
1/30; passed out of Committee and referred to full House where it
passed as amended on 2/23 (123 to 1); referred to Senate Natural
Resources on 2/24 and passed on 3/10; passed by full Senate (37 to
2) on 3/16;
signed into law by Governor on
3/28.
- View HB2756 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 2756 under Track a Bill at right.
Recommendation #3 - Legalize negotiations of payments in lieu of taxes
(PILTs) between wind developers and counties after permitting has been granted in
zoned counties. Furthermore, the Council recommends the Attorney General or other legal
counsel be asked for legal clarification on when and how such negotiations can
take place in counties without zoning regulations and in unzoned counties that have
zoned cities or communities.
- Status: Introduced as Senate Bill 385 on Jan. 18
and referred to Assessment and Taxation committee; no hearings were
scheduled
- View SB385 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 385 under Track a Bill at right.
Recommendation #4 - Adopt a production tax credit for new renewable
energy facilities or expansions of existing facilities, including wind, hydro, solar, and
biomass up to and including 20 MW in size. Such a tax credit should have language
similar to that of the Oklahoma tax credit (see Appendix 8), which has passed muster
with the Internal Revenue Service.
- Status: Introduced as Senate Bill 393 and referred
separately to Agriculture and Assessment and Taxation on 1/19;
hearing held 2/7; withdrawn from Agriculture and Assessment and
Taxation on 2/22 and referred to Ways and Means; withdrawn from Ways
and Means on 2/23 and re-referred separately to Agriculture and
Assessment and Taxation.
- View SB393 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 393 under Track a Bill at right.
Recommendation #5 - Endow and facilitate a revolving low-interest loan
program to make energy-efficient upgrades (including renewable energy projects) in
residential homes and small commercial businesses.
- Status: This is in the Governor’s budget.
House Bill 2657 also introduced; hearing held 2/2; motion to
pass as amended on 2/13, but failed on 2/16. - View HB2657 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 2657 under Track a Bill at right.
Recommendation #6 - Provide tax or other incentive benefits to
landlords when they bring rental properties to minimum energy efficiency standards, in recognition
of the fact that rental properties are often some of the least energy efficient housing
units.
- Status: Introduced as House Bill 2637 on Jan. 18
and referred separately to Taxation, Utilities on 1/19. Replaced by
SB 70, which was referred to Assessment and Taxation on 1/25 and
passed out of committee on 2/10; passed by full Senate on 2/17 (30
to 10); sent to House and referred to Utilities Committee on 3/23;
amended by full House and passed (124 to 1) on 3/31; in Conference
Committee as of 4/26.
- View HB2637 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 2637 under Track a Bill at right.
Recommendation #7 - Increase spending on current energy-related
technical assistance and public education efforts that promote the efficient utilization of all
energy resources.
- Status: Introduced as House Bill 2934, which also
includes weatherization, on 2/14 and referred to Utilities
on 2/15; hearing held on 2/20; no action taken so far, though Bruce
Snead reports that it still may be considered if HB 2637 comes
before the committee.
- View SB2934 (PDF)
- Track bill: Go to the
Kansas Legislature
web-site and enter 2934 under Track a Bill at right.
Other 2006 Energy
Legislation
2005 KEC
Legislative Recommendations
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