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Sebelius vetoes third coal bill
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Sebelius criticized the bill, which also had various business and industry incentives for eastern Kansas projects, calling it unconstitutional because it dealt with two subjects - environmental regulations and economic development.
She contended the law requires a single subject in each bill.
"Like every member of the Kansas Legislature, I am sworn to uphold the Kansas Constitution, and cannot support a measure that blatantly contradicts our founding document," Sebelius said in her veto message.
House Speaker Melvin Neufeld, R-Ingalls, dismissed the governor's argument, saying the Democratic governor's veto cost Kansas "billions in opportunities."
"This was our opportunity to set Kansas on a strong economic course," Neufeld said. "Leaving this work to future Legislature is a huge gamble for our state."
Neufeld was non-committal on whether his chamber would try another override after two failed attempts already this session.
The speaker said he would work with Senate President Steve Morris, R-Hugoton, and business leaders on "the next step."
While the governor has repeatedly rejected the coal plant construction because of its greenhouse gas emissions, she has supported other aspects of the bill and pledged to work with lawmakers to pass them next year.
Sebelius said legislators had "recklessly" jeopardized the bill's economic development projects by adding to it the power plants that had already been vetoed twice.
The late-session bill had included bond funding for a major warehouse and transport hub in Johnson County. The governor said local leaders had worked hard to encourage construction of the project, which legislators opted not to pass in a stand-alone bill.
"I am disappointed legislative leaders chose to impede their hard by inserting this funding mechanism only within this bill," she said. "I remain supportive of this project and encourage (Johnson) county commissioners to continue discussion with local and state officials to ensure this project moves forward."
The measure also held tax incentives for industry in the Topeka and Kansas City areas as well as provisions to stimulate business growth in rural and urban communities.
Sunflower spokesman Steve Morris said the rural electric cooperative "absolutely" would urge lawmakers to try again to override.
Miller said it was "unbelievable" the governor did not consider the $3.6 billion coal-fired plants economic development.
"The governor could put us in a position where we have to raise rates," he said of Sunflower's contention that new coal plants are the cheapest form of new energy.
The plants are a project of three utilities in Kansas, Colorado and Texas. Most of the power will be sold outside Kansas, which has led Sebelius to contend the state won't get the power but will have to pay for the pollution.
House and Senate leaders had hoped by placing the coal project into an economic development package, they could attract enough support to perhaps override the governor's veto.
Legislators have only one day left in this year's session, the ceremonial closing on May 29. If leaders choose to make override attempts again, the day could draw a larger than normal crowd.
But a coal bill opponent, Rep. Josh Svaty, D-Ellsworth, said it's unlikely the House could gin up the votes to reverse this veto after two failed attempts earlier this year.
"This bill during the (recent) session garnered only 76 votes," Svaty said of the necessary 84 votes to override. "At this point, most people have been over this issue so many times, I can't imagine there will be any switches."
The Senate easily scored an override on the two previous bills. Senate GOP leader Morris said Friday he would follow the lead of the House, which would be the first chamber eligible to try an override.
"We normally have a majority of the Senate back (for the final day), so I don't see that as a major hurdle," Morris said.
If no override is attempted, Morris said, he expects lawmakers to again work on this issue next session.
"I think it's important enough we need to continue working on energy policy and a solution for this issue," he said. "It won't go away."
The governor on Friday also rejected a second, related bill that legislators wrote to try and attract votes to the coal bill. The measure would have mandated that Sunflower sell some of the new power plant's generation to a Kansas City utility.
Sebelius called the provision an unwarranted state intrusion into a utility's business decisions.
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