Vetoes and Override Politics
August 21, 2009
Author: CFM Staff
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Vetoes by a lame duck governor of bills supported by his or her own party are fuel for speculation about overrides.
There is quite of bit of bristling among lawmakers over Governor Kulongoski's vetoes of bills to trim tax incentives for large wind projects and to include older biomass energy generating facilities under the state's Renewable Portfolio Standard.
Kulongoski also used his limited line-item veto power to eliminate a budget cut for higher education that was included in a late-session budget reconciliation bill.
Two-term governors aspire to leave office as gracefully as possible. Sparring with the legislature, especially when it is controlled by the same party, isn't a desired outcome. However, that may be Kulongoski's fate as he heads into the final 16 months of his final term.
The biggest disagreement between the governor and Democratic legislative leaders occurred during the 2009 session when he vetoed a school spending bill that he said dipped too heavily into state reserve funds.
The veto didn't accomplish much. Democratic leaders punished Kulongoski by scrapping his temporary summer jobs program. Then they worked out separate political deals in the House and Senate to secure the necessary two-thirds votes to override his veto.
One of the trade-offs in the Senate was passage of House Bill 2940, which qualifies nine older biomass energy facilities under Oregon's Renewable Portfolo Standard. Renewable energy advocates, including Eastern Oregon farmers and counties, said the net effect of the bill would be to discourage or delay construction of new renewable energy projects. The governor agreed and vetoed the bill.
The bill passed by hefty margins in both the Senate and House and its prime sponsor, Rep. Chris Edwards, D-Eugene, warned of an override possibility. Since the session ended, Edwards has been appointed to the Senate, replacing Senator Vicki Walker, D-Eugene, who resigned to become chair of the state Parole Board.
The veto of House Bill 2472, which deals with the Business Energy Tax Credit, ruffled the feathers of Senate Finance Chair Ginny Burdick, D-Portland, and House Revenue Chair Phil Barnhart, D-Eugene. They took turns in the session trying to cut incentives for large wind projects, saying the wind industry had matured and didn't require them and that the money could be put to better use elsewhere in the state budget.
Kulongoski disagreed. He said it is important for Oregon to maintain a competitive edge in attracting renewable energy companies, including large wind farm developers. Revenue committee members will discuss BETC, which is due to sunset in 2012, at their meeting in Salem next week.
The cut in funding for higher education seemingly came out of left field late in the session. Kulongoski said it would aggravate a pattern in Oregon of higher education disinvestment. There probably won't be much more than a legislative shrug over that veto.
Politics has a way of evolving as the memory of a regular session fades in the wake of fresh, more pressing issues. The governor and legislative Democratic leaders may arrive at agreements on big ticket items that eclipse the bruised feelings over vetoes. Parties of interest also might find common ground and give everyone a face-saving way if avoiding override battles next February.
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