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LEGISLATIVE HOTLINE
A legislative hotline is offered by the State Library of Kansas from 8 a.m. to 5 p.m. at 800-432-3924. The library says callers can use the hotline to ask about how to contact legislators, the status of a bill, legislative process, and historic information. Questions also may be emailed to infodesk@ks.gov.
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The timetable to finish the 2024 Kansas budget has been set for the last week of March or the first week of April before the end of the regular session on April 6. These final budget decisions will set the stage for the legislation on tax cuts. A State General Fund budget profile has been developed going out to 2027. This profile includes the numerous tax cuts passed by the Senate. The 2025 fiscal year (FY) has a positive ending balance of $704 million but by FY 2026 the ending balance is a deficit of $465 million and the deficit increases to $1.319 billion in FY 2027. There is still the ‘budget stabilization fund balance (rainy day fund)’ of $1.529 Billion.
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The water bills(HB 2302 & 2279)to increase funding for the State water Plan Fund and mandate conservation plans from Groundwater Management Districts -will be heard in the Senate Agriculture and Natural Resources committee starting Tuesday March 14.
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QUIVIRA NATIONAL WILDLIFE REFUGE (QNWR) UPDATE
Since the mid-1990’s Kansas has been struggling with water rights concerning QNWR. It was in 1957 when United States Fish and Wildlife Services (USFWS) requested water rights of some 22,135-acre feet for QNWR. At that time in the Rattlesnake Creek area there were a total of 60 water rights. Today there are 1,436 water rights in the area – all junior water rights to the 60. Groundwater Management District 5 (GMD 5) finally closed new water rights in 1993. Regarding water rights (which are declared property rights in statue) the law states ‘first in time, first in right’ which applies in Kansas to both groundwater as well as surface water rights. To protect senior water rights, the Kansas Department of Agriculture Chief Engineer from the Water Resources Division is required to act if there is declared an impairment of senior water rights by junior water rights.
While QNWR requested 22,135-acre feet in 1957, the Chief Engineer perfected the water rights in 1996 at 14,632-acre feet. In 2016, KDA declared the QNWR’s senior water rights impaired. USFWS formally requested action by the Chief Engineer in 2017 and 2018 but were politically pressured by federal lawmakers to withdraw those requests. On February 10, 2023, USFWS once again requested securing their senior water rights. The United States Geological Survey has two monitoring sites on Rattlesnake Creek from the 1960’s. At one site the flow was 10 cubic feet per second and today 80% of the time there is no water flow. While steam flows can vary over wet and dry years, the aquifer in the area has dropped 2.5 feet since 1991 – far less than several portions of the Ogallala. In 2015, the Kansas Legislature amended the Water Appropriations Act for this area by allowing augmentation of water going into Rattlesnake Creek. GMD#5 is now researching an augmentation well field and the Chief Engineer will have to approve this new water right and assess the complete impact of this plan. Assessing the average impact of inadequate streamflow over the last decade, there is a target of restoring 8,500-acre feet of water for QNWR. GMD#5 - along with the Nature Conservancy and Water PACK (group of farmers in the area) - were awarded a 2020 conservation innovation grant to assist with conservation programs and soil improvement to better capture rainfall. They hope to have this grant renewed for three more years.
The Chief Engineer stated that there needs to be a complete plan for water conservation and restoration ready to be implemented in 2024. Water augmentation will provide some restoration. Voluntary conservation efforts regarding more efficient crop irrigation will be a part of the solution. It seems likely that some junior water rights will need to be curtailed. In the video testimony by Chief Engineer Earl Lewis to the Kansas House Water committee, his power point presents existing water law and water use changes since 1957. The Nature Conservancy presents their work on conservation innovation grants along with the work done by Water PACK.
House Water Committee Recording
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FEDERAL CROP INSURANCE REFORMS
The Government Accountability Office (GAO) recently released a new report encouraging Congress to consider reducing crop insurance subsidies for the highest-income participants and private insurance companies. This comes at the outset of the 2023 Farm Bill reauthorization. Recommendation 1 - would introduce an adjusted gross income means test, a standard which is applied to Title 1 commodity programs to prevent farmers with an annual income above $900,000 from remaining eligible for payments funded by the taxpayer. A recent American Enterprise Institute study found that the largest 20% of farms receive more than 75% of crop insurance subsidies and that on average these large farmers possess between $3.1 million and $15.7million in total household wealth. Recommendation 2 - encourages Congress to consider reforming the ‘mandatory minimum compensation’ for private crop insurance companies.
Presently, Congress grants private crop insurance companies a guaranteed annual rate of return of14.5%at the expense of the taxpayers – regardless of market conditions. In some years, USDA’s compensation to insurance companies greatly exceeded payments to farmers. Only 20% of farmers carry crop insurance and the vast percentage is on just a few grain crops. Savings from crop insurance could well be invested in underfunded federal farm conservation programs.
GAO URGES CONGRESS TO REDUCE CROP INSURANCE SUBSIDIES… AGAIN
The National Sustainable Agriculture Coalition (NSAC) commissioned a report last summer which proposes several targeted options to reduce federal crop insurance spending that would save up to $20 Billion over 10 years and impact on average less than 3 percent of farmers.
RECORD-HIGH CROP INSURANCE SUBSIDIES ARE UNSUSTAINABLE
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KANSAS GEOLOGICAL SURVEY (KGS) OVERVIEW
KGS was started in 1864 and formally affiliated with the University of Kansas in 1889. KGS is the third largest state geological survey – behind Illinois and Texas – with 130 scientists. KGS is funded by federal grants, private grants and state appropriations – even though those appropriations have been going down the last 15 years. Water Resources is a primary focus of KGS with 1,500 groundwater wells measured annually in January along with 35 index water wells that are continuously monitored via GPS. KGS is hoping to restart water quality monitoring that was active from 1985 to 2000 but defunded at that point. KGS has identified four areas from the previous research on concerns over nitrates, uranium and now micro-plastics. In this presentation, there are detailed maps documenting groundwater levels over decades and modeling of the High Plains aquifer to estimate future changes in water levels given irrigation use. KGS is developing extensive computer modeling programs for four Groundwater Management Districts (GMD’s) as well as the Kansas River from Manhattan to Kansas City.
KGS has several other projects and research activities. KGS began with a primary focus on oil and gas drilling. There have been some 430,000 wells drilled in Kansas in its history. In 2022, Kansas was second to Texas in the United States regarding ‘intents’ for new wells. In Kansas these new wells are far smaller in production capacity and done by independent producers. In this presentation there was no mention or consideration of ‘climate change’ and its impact on Kansas. KGS has an ‘Energy Resources Chart’ showing energy sources in Kansas – from renewables to coal to petroleum to natural gas to nuclear – with a time frame from 2000 to 2050. Roughly one-third of these energy sources are fully used and two-thirds wasted via lost heat. KGS has developed over the last 20 years a state earthquake network that can measure the smaller earthquakes and assess probable trends to larger quakes. KGS has an extensive collection of core samples taken from 5,500 wells.
KGS is fully involved in assessing hydrogen and applying for federal grants to possibly develop a hydrogen regional hub in Kansas. The central location of Kansas is one key factor. Kansas now has an abundance of wind energy to split water into oxygen and hydrogen. The western half of Kansas has extensive areas of embedded salt that can be used to store hydrogen as a battery to stabilize wind power and fertilizer production. Anhydrous ammonia is a fertilizer made of hydrogen and nitrogen. Since clean water is such a precious commodity in western Kansas, there is thought that some of the polluted aquifer water such as the Burrton oil plume could be used to produce hydrogen. The estimated cost for this storage and regional fertilizer plants is around $6 Billion with the federal government contributing $1 Billion.
Senate Agriculture and Natural Resources Committee Recording
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STRENGTHENING LOCAL PROCESSING ACT
As discussions of the Farm Bill proceed in Washington DC, we are at the point where there are a number of marker bills being discussed for potential incorporation into the 2023 Farm Bill. One that seems like a great fit for Kansas is the Strengthening Local Processors Act (SLPA). The Strengthening Local Processing Act ((S.354/H.R. 945)) will increase slaughter options for local livestock and poultry producers, assist smaller facilities as they adapt to the COVID-19 pandemic, and help consumers access locally raised meat & poultry. The bill will help support a wider variety of processing, as it promotes the scale of plants that work best with a wider variety of often smaller-herd producers, such as bison, goat, and sheep.
This bill will:
• Increase the federal share of costs for state inspection from 50 to 65 percent and for Cooperative Interstate Shipment (CIS) facilities from 60 to 80 percent;
• Authorize $20 million in competitive grants to small and very small establishments, state inspected facilities, custom exempt facilities, or new small-scale slaughter facilities for activities related to promoting appropriate upscaling to meet local needs, and to business practices that make these plants more resilient. Within this grant program have a priority for applications that are owned by socially disadvantaged individuals or communities;
• Authorize a new $10 million grant program for institutional education that includes non-profits, worker training centers and other diverse forms of educational establishments to establish or expand meat processing training programs and a new $10 million grant program for small and very small establishments or nongovernmental organizations to offset the cost of training new meat processors.
In Kansas, one of the fastest way to build out our local food systems can be through revitalizing small scale meat processing. While Kansas lags behind in some areas that are key for local food systems, like fruit and vegetable production, Kansas already produces more than enough meat to fulfill local demand. Right now due to almost monopoly control of the meat system by the big 4 packers, Tyson, Cargill, JBS and National Beef, it is hard to get enough locally processed meats to fill the demand. The Strengthening Local Processing Act would help address that problem both in supporting local plants, but also providing support to help train the workforce necessary to grow local production. If you are interested in this issue reach out to tom@kansasruralcenter.org to find out ways you can support strengthening local processing.
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'ENVIRONMENTAL, SOCIAL, GOVERNANCE (ESG)' DEBAUCLE
SB 291directly limits the Kansas Public Employees Retirement System (KPERS) and the Pooled Money Investment Board account (state’s checking account balance) from using investment advisors that have been associated with concerns over climate, social accountability and corporate governance. The proponents want a maximum return ignoring any unethical corporate behavior toward employees, communities or the climate. KPERS came in as an opponent. KPERS utilizes a number of independent financial fund managers to manage the $25 Billion dollar portfolio to select investments. By a 1992 Kansas law, KPERS is already prohibited from any social economic investment. KPERS had had trouble with certain investments in economic development investments in Kansas that were disastrous. KPERS read this bill to say that if any investment firm has touched the ‘ESG world’ in any way via statements or newsletters or a separate ESG account (for investors requesting those ethical standards but with no KPERS funds) – that KPERS would have to halt business with that firm and sell off certain investments at a loss. KPERS estimated a possible loss of $3.6 Billion over 10 years. There was frustration that the Legislature is not considering more fundamental issues with KPERS that has 330,000 accounts of school teachers, law enforcement and state employees. The last cost of living increase for these recipients came in 1997. The State of Kansas’ contributions to KPERS has been erratic over the years and only recently had KPERS reached a 79% level of fiscal solvency (assets to liabilities) which would be jeopardized by this needless legislation.
Zack Pistora testified in opposition to this bill for the Kansas Sierra Club. The free market should have the flexibility to assess all risks including to the environment and ethical behavior by corporations. The cost of more climate changed disasters in the billions of dollars must be factored into long term rates of return to the investors. Texas passed an anti-ESG law last year and it is estimated it cost Texas $532 million in the first year from paying higher interest costs.
Zack Pistora, Sierra Club Testimony
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FIVE FACTS ABOUT THE UNITED STATES DROUGHT MONITOR
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This is likely no surprise to you, but drought persists across the western U.S. and is intensifying in some areas. No geographic area is immune to the potential of drought at any given time. The U.S. Drought Monitor provides a weekly drought assessment, and it plays an important role in USDA programs that help farmers and ranchers recover from drought.
Fact #1 - Numerous agencies use the Drought Monitor to inform drought-related decisions.
The map identifies areas of drought and labels them by intensity on a weekly basis.It categorizes the entire country as being in one of six levels of drought. The first two, None and Abnormally Dry (D0), are not considered to be drought. The next four describe increasing levels of drought: Moderate (D1), Severe (D2), Extreme (D3) and Exceptional (D4).
While many entities consult the Drought Monitor for drought information, drought declarations are made by federal, state and local agencies that may or may not use the Drought Monitor to inform their decisions. Some of the waysUSDA uses it to determine a producer’s eligibility for certain drought assistance programs, like the Livestock Forage Disaster Program and Emergency Haying or Grazing on Conservation Reserve Program acres and to “fast-track ”Secretarial drought disaster designations.
Fact #2 - U.S. Drought Monitor is made with more than precipitation data.
When you think about drought, you probably think about water, or the lack of it. Precipitation plays a major role in the creation of the Drought Monitor, but the map’s author considers numerous indicators, including drought impacts and local insight from over 450 expert observers around the country. Authors use several dozen indicators to assess drought, including precipitation, streamflow, reservoir levels, temperature and evaporative demand, soil moisture and vegetation health. Because the drought monitor depicts both short and long‐term drought conditions, the authors must look at data for multiple timeframes. The final map produced each week represents a summary of the story being told by all the pieces of data. To help tell that story, authors don’t just look at data. They converse over the course of the map-making week with experts across the country and draw information about drought impacts from media reports and private citizens.
Fact #3 - A real person, using real data, updates the map.
Each week’s map author, not a computer, processes and analyzes data to update the drought monitor. The map authors are trained climatologists or meteorologists from the National Drought Mitigation Center at the University of Nebraska-Lincoln (the academic partner and website host of the Drought Monitor), the National Oceanic and Atmospheric Administration and USDA. The author’s job is to do what a computer can’t – use their expertise to reconcile the sometimes-conflicting stories told by each stream of data into a single assessment.
Fact #4 - The Drought Monitor provides a current snapshot, not a forecast.
The Drought Monitor is a “snapshot” of conditions observed during the most recent week and builds off the previous week’s map.The map is released on Thursdays and depicts conditions based on data for the week that ended the preceding Tuesday.Rain that falls on the Wednesday just before the USDM’s release won’t be reflected until the next map is published. This provides a consistent, week‐to‐week product and gives the author a window to assess the data and come up with a final map.
Fact #5 – Your input can be part of the drought-monitoring process.
State climatologists and other trained observers in the drought monitoring network relay on-the-ground information from numerous sources to the US Drought monitor author each week. That can include information that you contribute.
The Drought Monitor serves asa trigger for multiple forms of federal disaster relief for agricultural producers, and sometimes producers contact the author to suggest that drought conditions in their area are worse than what the latest drought monitor shows. When the author gets a call like that, it prompts them to look closely at all available data for that area, to see whether measurements of precipitation, temperature, soil moisture and other indicators corroborate producer-submitted reports. This is the process that authors follow whether they receive one report or one hundred reports, although reports from more points may help state officials and others know where to look for impacts.
There are multiple ways to contribute your observations:
- Talk to your state climatologist- Find the current list at the American Association of State Climatologists website.
- Email- Emails sent to droughtmonitor@unl.edu inform the USDM authors.
- Become a CoCoRaHS observer- Submit drought reports along with daily precipitation observations to the Community Collaborative Rain, Hail & Snow Network.
- Submit Condition Monitoring Observer Reports (CMOR)-go.unl.edu/CMOR.
For more information, read our Ask the Expertblog with a NDMC climatologistor visit farmers.gov/protection-recovery.
Shared from the USDA, Farm Service Agency Newsletter, March 3rd
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LEAGUE OF WOMEN VOTERS OBSERVER CALLS
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During the legislative session, the League of Women Voters of Kansas (LWVK) hold weekly Friday (4 pm) zoom calls with their policy observers. The League has offered to open up these calls for interested Policy Watch readers. Cille King is the policy coordinator for the League. You will need to email Cille @cilleking@gmail.comto be added to the notice list. Agendas come out a day or so before the call.
Here is the link to the LWVK 2023 Legislative Priorities
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Kansas Legislature Website
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ABOUT POLICY WATCH:
If you have any questions, please contact Editor Mary Fund at mfund@kansasruralcenter.org, or Paul Johnson at pdjohnson@centurylink.net. Or call the Kansas Rural Center 866-579-5469
Thanks to Co-sponsors:League of Women Voters of Kansas, Kansas Farmers Union, Kansas Natural Resource Council, Climate & Energy Project, Audubon of Kansas, and Friends of the Kaw.
Policy Watch Issue #10: March 10, 2023
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