New coal bill loses some support
By: AP
5/7/2008
TOPEKA — A bill seeking to increase support for two coal-fired power plants in western Kansas backfired on supporters in the Senate on Tuesday.
The bill passed the Senate as expected -- but by 24-10, three fewer votes in favor of the measure than when the power plants had come up in stand-alone bills.
Senate Substitute for House Bill 2412 linked approval of Sunflower Electric Power Corp.' s plan for 1,400 megawatts of new generating capacity to a series of economic development proposals, including a mammoth Johnson County facility to transfer freight to and from rail cars and over-the-road trucks.
While that was intended as a sweetener to soften Johnson County opposition, it had the opposite effect for one senator.
Sen. John Vratil, R-Leawood, said he still supports the coal plants, but he could not support the new bill because he believes it violates the state constitution, which specifies that each bill must have only one subject.
"I'm sworn to uphold the Constitution.... I believe this bill is unconstitutional," said Vratil, the chairman of the Judiciary Committee and an attorney.
Two other senators, Roger Reitz, R-Manhattan, and David Haley, D-Kansas City, also defected from the pro-coal forces.
Sen. Phil Journey, R-Haysville, also an attorney, argued for the constitutionality of the measure. All its provisions were grouped under "economic development" and the bill was titled the "Economic Stimulus Act of 2008."
"It's all about economic development," he said. "It's self-evident in this legislation."
Vratil was unimpressed.
"Economic development covers virtually everything we do, if you want to make that argument," he said.
Senate Minority Leader Anthony Hensley, D-Topeka, entered a protest of the proposal's constitutionality in the Senate record.
The House adjourned for the night Tuesday without voting on the coal bill.
The Legislature has passed two previous bills to allow the $3.6 billion power plants.
Gov. Kathleen Sebelius has vetoed both. Her supporters in the House have clung to enough support to fend off an effort to override the veto.
