Mar 24 - McClatchy-Tribune Regional News - John Hanna The Kansas City Star, Mo.

A new proposal for allowing two coal-fired power plants in southwest Kansas emerged Monday from a House committee, only three days after Gov. Kathleen Sebelius vetoed a previous bill.

The new bill would put restrictions on the plants' carbon dioxide emissions -- the first CO2 limits in state law. It also contains new provisions designed to encourage increased use of wind energy.

But it also has the same provisions Sebelius opposed, including ones stripping the secretary of health and environment of some power.

The Energy and Utilities Committee endorsed the new bill on a 10-7 vote, sending it to the House for debate.

Supporters of the two coal-fired plants haven't been sure whether they would try to override Sebelius' veto or pass another bill. The committee's action Monday suggested supporters are still short of the two-thirds majority they need to override a veto in the House.

"It was just another alternative," committee Chairman Carl Dean Holmes, a Republican from Liberal, said of the new bill.

While noting that the governor's office is still studying the new measure, Sebelius spokeswoman Nicole Corcoran said the new bill "will most likely meet the same fate" as the previous one.

"All the worst features of the original bill remain," Corcoran said.

Sunflower Electric Power Corp. wants to build the two plants outside Holcomb, in Finney County. The $3.6 billion project has bipartisan legislative supportive. Many lawmakers see it as economic development and vital to meeting the state's future power needs.

But in October, Rod Bremby, the state secretary of health and environment, denied an air-quality permit to Sunflower. Bremby cited the plants' potential to produce 11 million tons of CO2 a year and said the state couldn't ignore the dangers posed by global warming. Many scientists link man-made greenhouse gas emissions to climate change.

Like the bill Sebelius vetoed, the new measure would allow Sunflower to reapply for its permit and set rules that would require Bremby to approve it. It also would prevent Bremby from imposing pollution standards that are tougher than those imposed by the federal government, without legislative approval.

But the new bill includes the CO2 limits and sets specific standards for sulfur dioxide and nitrous oxide. Those rules would apply only to the new plants, and Sunflower spokesman Steve Miller said the utility could live with all of them.

"I don't know if this lessens my heartburn at all," said Rep. Joshua Svaty, an Ellsworth Democrat who opposed the bill Sebelius vetoed.

Rep. Vaughn Flora, a Topeka Democrat who also opposed that first bill, said under the new measure, the Legislature is essentially taking over the permitting process where Sunflower is concerned.

Supporters of Sunflower's project have argued that Bremby's decision was arbitrary because the state has no written rules on CO2.

Rep. Don Myers, a Derby Republican, said setting standards for Sunflower in law represents a helpful precedent. "It would actually give the secretary guidance in future permitting," Myers said.

New coal-fired plants bill is House Sub for SB 148. Bill Sebelius vetoed is House Sub for SB 327.