Renewable or Not, Pt. 2

Bill Number: SB13-003

Bill Title: Coal Mine Methane Gas Capture

Sponsors: Senator Randy Baumgardner and Representative Don Coram

Picking up where we left off, last year's bill to make the capture of coal mine methane a renewable, clean energy resource was preparing to enter the Senate side of things. After clearing the Republican controlled House, 1160 went to the Senate Local Government committee, controlled by Democrats. The bill was changed substantially in transition between the House and Senate:    

1. A Strike Below was used, which deleted everything in the House version of 1160 that was below the Enacting Clause. Basically, it wiped the bill back to a clean slate.
2. Starting over it defined CMM in section 123 of the RES to be absolutely a part of the "biogenically in geologic strata as a result of human intervention."
3. It added a new category to section 124 for "Greenhouse gas mitigation projects", CMM capture being included in it.  Part of the project status is producing clean energy.
4. Making the capture and energy production a part of section 124, it would be eligible for financial incentive from the state as part of the RES.
5. A compromise was struck to make each kilowatt hour of energy from CMM equivalent to 75% of a renewable kilowatt of energy under the RES. So only 3/4ths the financial benefit of what solar power receives.
6. Finally, mines that produce 90,000 cubic feet or less of CMM will be exempt from the sales tax of it.

Again, the same proponents supported and the same opponents opposed the bill as in the House committee. And again, some Democrats unsuccessfully tried an amendment that would force every part of the bill into section 123. Even though they outnumbered Republicans 3-2 one of their own, then Senator Joyce Foster, sided against them. 1160 passed with the above changes on to the Senate Committee of the Whole. 

The reason HB12-1160 did not become law is because leadership in the Senate killed it. By repeatedly postponing the third reading of the bill (when every senator votes on it), and eventually scheduling it for a date after the General Assembly ended for the year, 1160 was deemed lost. Scheduling like that is a legitimate maneuver for the Senate to prevent legislation from moving on.  

This year

Former representative, now senator, Randy Baumgardner is back this session to try again with SB13-003. His support in the House is fellow Republican Don Coram. The 2013 version of the bill is much of what the previous Senate version of 1160 was:

1. Make CMM capture a "Greenhouse gas mitigation project" in section 124 of the RES.
2. Each kilowatt-hour of energy generated from CMM is equivalent to a full kilowatt-hour for the purposes of compliance in the RES. (unlike the last try at 75% an hour equivalent). 

Now the big question is: with an even bolder, less compromising gamble on CMM this year, in combination with Democratic control in both houses and the executive, will this bill stand any chance of making it? Has Senator Baumgardner pulled together the necessary alliances? Has any new data surfaced which will make the move more appealing? 

SB13-003 hasn't been scheduled yet, but I'm eagerly anticipating it. More on that as it happens, stay tuned!