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Governor Laura Kelly has announced several new plans to combat the spike in COVID-19 cases, among them a statewide face-covering protocol. This order allows counties one week to create their own version of a mask ordinance or they will automatically come under the governor’s face mask requirements. However, they can still opt out of the order under state law. “As COVID-19 continues to spread through Kansas communities and hospitalizations increase at concerning rates, it is clear we must take action to protect our communities and our economy,” Governor Laura Kelly said. “Today’s actions...

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) is proposing to create a pilot program to allow truck drivers aged 18-20 to drive across state lines. This is an effort to make federal law more consistent with state laws. Currently, in 49 states, the minimum age for intrastate truck operation is 18, while the federal minimum is 21 for interstate truck operation. Required Training for Pilot Program Drivers: FMCSA proposes to allow 18- to 20-year-old CDL holders to operate CMVs in interstate commerce while taking part in a 120-hour probationary...

Renew Kansas Biofuels Association has received updated guidance from the Kansas Department of Transportation (KDOT) and the Kansas Highway Patrol (KHP) regarding the COVID-19 truck weight exemption set forth in Governor Laura Kelly’s Executive Order 20-65. The exemption allows for a 10 percent weight waiver (up to 90,000 pounds) on trucks hauling essential goods for direct relief of the COVID-19 pandemic. KDOT and KHP have provided the following guidance on the COVID-19 truck weight exemption under Governor Laura Kelly’s Executive Order 20-65: Only livestock and livestock feed would qualify for this...

The Kansas Corporation Commission has received a new electric rate study from the consultant hired the by Kansas Legislature. The purpose of the study was to understand why Kansas electricity rates are some of the highest in the nation. The findings in the study will be used to help guide important energy policy discussions in the upcoming legislative session. The electric rate study was commissioned by the Kansas Legislature in two parts. The first phase – which reviewed the effectiveness of the state’s ratemaking policies - was completed earlier this year....

Today the Federal Register published a U.S. Department of Labor proposed rule offering clarity to the determination whether a worker is an employee under the Fair Labor Standards Act (FLSA) or an independent contractor. In the proposed rule, the Department would: Adopt an “economic reality” test to determine a worker’s status as an FLSA employee or an independent contractor. The test considers whether a worker is in business for himself or herself (independent contractor) or is economically dependent on a putative employer for work (employee); Identify and explain two “core factors,”...

Date: Thursday October 8, 2020 Time: 2 PM (EST) 11 AM (PST) With thousands of OSHA Standards, many employers find the rules are too numerous to memorize, not to mention they are often difficult to decipher and implement. Each year, OSHA publishes a list of "Top Ten Most Frequently Cited Standards" in an effort to alert employers about standards the agency has issued the most citations for. The hope is employers will learn from these results and take steps to find and abate the hazards addressed in this list of standards, before...

NEWS RELEASE via Environmental Protection Agency This week, the Trump Administration reaffirmed its commitment to support America’s farmers by moving forward to review and adjudicate petitions for small refinery exemptions under the Renewable Fuel Standard (RFS) Program. The U.S. Environmental Protection Agency (EPA) is denying petitions for small refinery exemptions for past compliance years, the so-called “gap-filling” petitions for the 2011-18 compliance years. “This decision follows President Trump’s promise to promote domestic biofuel production, support our nation’s farmers, and in turn strengthen our energy independence,” said EPA Administrator Andrew Wheeler. “At the EPA, we...

On Friday, September 11, 2020, the State Finance Council met to consider Governor Kelly’s request to extend her COVID-19 related disaster declaration which is set to expire on Tuesday, September 15th. On a vote of the members, the State Finance Council extended the Governor’s emergency disaster declaration for 30 days until October 15th, with additional language included stating that the Governor does not intend to close businesses. Without the extension of the emergency declaration, Kansas would lose access to federal CARES funding. Further extensions of the disaster declaration after October...

As we have reported previously, Kansas has some of the highest electric utility rates in our region. In order to make Kansas a more competitive state to operate your business, your Association joined with other stakeholders in pushing for legislation to lower those rates. Kansas public utilities have historically included in their rates, an amount to compensate them for the state corporate income taxes that they pay. In fact, while the utilities have collected those monies, they have not actually paid those taxes to the State for at least the last...

Renew Kansas Biofuels Association submitted written comments to Kansas Department of Health and Environment (KDHE) regarding the agency’s notice of public hearing on its proposal to revoke existing regulation limiting the Reid Vapor Pressure (RVP) of ethanol-blended motor vehicle fuel sold in the Kansas City area during the summer months. “E15 fuel could be made available to consumers in Kansas City by simply revoking this unnecessary regulation,” Renew Kansas President and CEO Ron Seeber said. “Allowing the sale of higher blends of ethanol fuel in the Kansas City area will directly...

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