Governor Mark Parkinson Signs Landmark Energy Legislation
Press Release
Governor Mark Parkinson Signs Landmark Energy Legislation
Kansas to finally have net metering and a codified Renewable Energy Standard
Governor Mark Parkinson has signed legislation that codifies the state's Renewable Energy Standard and allows Kansans to generate their own power through net metering.
"Prior to this year, Kansas was falling behind many other states in the production of cleaner energy. More than two-thirds of the country had a Renewable Energy Standard, and Kansas was one of only six states not to allow net metering. With this legislation, we are no longer at the back of the line," Parkinson said. "The nation's energy challenge provides the opportunities for a made in America' energy program, and Kansas is ready to be a leader in that effort. We look forward to the new jobs, more wind power and the stronger economy that will be a result of this legislation."
Senate Sub. for HB 2369 enacts the Renewable Energy Standards Act, which codifies the goal of major Kansas utilities generating 10 percent of their power from renewable sources by 2011, 15 percent by 2016 and 20 percent by 2020. This legislation also enacts the Net Metering and Easy Connection Act, which enables customers to use their own generation and sell back the extra electricity they produce to their utility. Additionally, this legislation enacts new law regarding fuel efficiency for state-owned motor vehicles and energy efficiency of state-owned and leased space and equipment. This legislation goes into effect after its publication in the Kansas Register.
The governor signed an additional six bills today and vetoed two.
Concerning the Cash-basis Law and Local Option Budgets for Public Schools
SB 84 allows the state to make the balance of its fiscal year 2008-2009 state aid payments to a school district after June 30 without the school districts violating current cash-basis law. This legislation also provides an alternative formula for the calculation of the local option budget of a school district. This provision would expire on June 30, 2012. This legislation goes into effect after its publication in the Kansas Register.
Regarding the Prioritization of Payments by State Agencies
House Substitute for SB 168 requires that all funds budgeted for salaries, wages, compensation, and employer's benefit contributions for full-time equivalent positions shall be spent on those specific expenditures. This legislation also requires that agencies give priority to payment of employee salaries over all other expenditures when a state agency processes payments through the state treasury. This legislation goes into effect after its publication in the Kansas Register.
Reconciling Amendments to Certain Statutes
SB 336 is the annual conflict resolution bill by the Revisor of Statutes. The bill resolves conflicts between new legislation and existing statutes. This legislation goes into effect after its publication in the Kansas Register.
Concerning the Settlement Authority of the Secretary of Revenue
Senate Sub. for Sub. for HB 2365 enacts new revenue settlement authority for the Secretary of Revenue; makes several changes in the statute of limitation provisions relating to sales and income taxes; makes a number of adjustments relative to the amount of various income, privilege, and premiums tax credits that may be claimed; clarifies the sales tax treatment of purchases by or on behalf of a certain group; enacts several new sales tax exemptions; clarifies the estate tax relative to the valuation of agricultural land; and expands the Homestead Property Tax Refund program. This legislation goes into effect after its publication in the Kansas Register.
Concerning the All-Inclusive Care for the Elderly Program
HB 2366 exempts All-Inclusive Care for the Elderly programs which are federally certified to participate in the Medicare or Medicaid Program and which only provide services to those participants from the provisions of the home health agency licensing act. This legislation goes into effect after its publication in the Kansas Statute Book.
Line-Item Veto Message for HB 2373, The Omnibus Budget Bill
Pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I hereby return Senate Substitute for House Bill No. 2373 with my signature approving the bill, except for the items enumerated below.
Department of EducationKPERSSchool Employer Contributions
That portion of Section 36(a) that reads as follows has been line-item vetoed:
"For the fiscal year ending June 30, 2010............... $1,850,000"
This FY 2010 appropriation for the KPERSSchool employer contribution was accounted for in the agency's lapse contained in Section 36(b). In order to appropriate only those monies absolutely necessary, I hereby line-item veto this appropriation.
Kansas State University
Section 70(c) has been line-item vetoed in its entirety:
Financing of the Salina Aeronautical Center located at Kansas State University's Salina Campus is a lease purchase agreement that is by its nature equivalent to a debt service agreement. The 2009 Legislature intended that funding of debt service should not be lapsed, and I concur with that intent. In that spirit, I therefore find it necessary to veto this lapse so that this obligation can be met.
Department of Health and Environment
Section 89 has been line-item vetoed in its entirety:
"Regardless of one's views on whether abortion should be allowed in this country, hopefully we can all agree that we should make every effort to prevent unplanned pregnancies. Access to affordable family planning services and contraceptives is critical if we are to continue reducing the number of abortions that occur in this state.
"This section would prohibit distribution of Title X moneys to private family planning providers unless they are either a hospital or provide comprehensive primary and preventative care in addition to family planning services. This proviso would prevent funding for two facilities of other eligible family planning providers. These facilities do not perform abortions, and by law, Title X funding cannot be used for abortion services.
"Both of these facilities provide affordable access to contraceptives and family planning services for women who are significantly below the poverty level. These women are most at risk for unplanned pregnancies. The family planning services provided by these facilities help lower the likelihood of unplanned pregnancy, and thus reduce abortions. Eliminating funding for programs intended to reduce the number of unplanned pregnancies does nothing to help reduce abortions in Kansas.
"I am also concerned this proviso violates Title X of the Public Service Act. The facilities ineligible for funding under this proviso are, by law, eligible under Title X to receive the grants. The Public Service Act is clear that states are not permitted to refuse the award of Title X funding to entities that meet the statutory requirements for the grants. I therefore find it necessary to line-item veto this proviso."
Veto message for H Sub SB 51
"The state should not take action that limits the ability of cities to pursue developments that will lead to economic growth, especially during these difficult economic times. Cities in Kansas must have the flexibility to annex property that will allow growth and economic development. Planning for growth in a way that promotes the health, safety and public welfare of its citizens and neighbors also is a fundamental responsibility of cities.
"I support the procedural safeguards for landowners whose property is annexed over their objection that are contained in House Substitute for SB 51. I also support the provisions limiting a city's future ability to annex a narrow corridor of land to reach a non-contiguous tract of land, and the provisions dealing with rural water districts. I hope the Legislature will focus on these aspects of House Substitute for SB 51 during the next legislative session.
"I am concerned that the provisions in House Substitute for SB 51 that prohibit a city from annexing more than 65 acres of land devoted to agricultural use may prevent cities from growing in ways that would greatly benefit the economy. I have confidence that the current requirement for a county commission to approve a city's proposed annexation of property in the unincorporated county provides a safeguard from unreasonable annexation attempts.
"Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto House Substitute for Senate Bill 51."
Veto Message for SB 171
"This legislation contains a provision which I would be happy to sign into law, the opportunity for overseas and military voters to vote more easily. Allowing federal service voters to register and send ballots by e-mail will make it easier for more Kansans living abroad to participate. Fortunately, the Legislature still has time to send me these provisions in a clean bill before the 2010 elections.
"However, this legislation also contains provisions which will discourage advance voting, burdening the democratic process in Kansas. Last year, more than 70 percent of registered voters in Kansas participated in the Presidential election. During that election, as with all elections before it, there was no conclusive evidence of voter fraud in Kansas. Despite this lack of a problem, SB 171 seeks to find a solution by adding affidavits and signature lines to an already crowded return envelope for an advance ballot. These unnecessary hurdles will inevitably confuse voters and discourage many of them from voting.
"County election officials have suggested repeatedly that there is not conclusive evidence of voter fraud in Kansas. In fact, more and more Kansans are voting early; this is a trend we should be encouraging, not disrupting.
"Again, I look forward to working with the Legislature next session to sign into law legislation that involves more people in our democracy, without creating new and needless obstacles to the voting process.
"Therefore, pursuant to Article 2, Section 14 of the Constitution of the State of Kansas, I veto SB 171."
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