Climate Change: State Policy Update 2011

Updated August 2011

In January 2011, a rule giving the U.S. Environmental Protection Agency (EPA) power to regulate greenhouse gases under the Clean Air Act took effect. As this federal initiative emerged, many states responded by considering or adopting resolutions and legislation that reflect their concerns with EPA’s efforts. Most often, states have introduced and passed resolutions requesting EPA to delay or postpone rule implementation or for Congress to impose a moratorium on EPA’s regulatory actions related to greenhouse gas emissions. Some states have also considered bills and resolutions urging Congress to support the new rules.

Although EPA’s power to regulate greenhouse gas emissions has been the focus of state climate change resolutions, many states are taking the initiative to create their own greenhouse gas limitations and reduction programs. State action was stronger in 2010 than in 2011, however at least ten states still considered creating programs to reduce emissions in 2011. A few states considered bills to repeal existing greenhouse gas emissions reduction programs. Policymakers in some states continue to introduce resolutions opposing cap-and-trade legislation, however there was less attention in 2011 than in 2010, while consideration of carbon capture and storage legislation remained about the same in 2010 and 2011.

Climate Change Resolutions

In 2010, 18 states considered and six states adopted resolutions expressing the legislature’s position against the EPA greenhouse gas emission regulations, or urging Congress to prevent, postpone or delay implementation. This trend was even stronger in 2011 as 21 states introduced and 12 states adopted similar resolutions. On the other hand, four states considered—South Carolina adopted—resolutions encouraging adoption of EPA’s greenhouse gas emissions regulations in 2010. Illinois and Michigan considered similar resolutions in 2011.

There was less state action supporting general climate change legislation in 2011 than in 2010. In 2010, 8 states considered (only California adopted) resolutions directly indicating support of climate change legislation. Vermont was the only state in 2011 to consider and adopt a similar resolution. Four states considered resolutions in 2010 supporting federal legislation that addresses the consequences of climate change and promotes innovative energy development, as long as it did not preempt states’ rights to control emissions. Colorado and Hawaii adopted these resolutions.

Six states considered resolutions in 2010 that expressed the need to approach global climate change in a fair and effective way, while just one state, Illinois, considered a similar resolution in 2011. Only South Carolina and Tennessee adopted the resolutions in 2010.

More states considered resolutions opposing cap-and-trade in 2010 than in 2011. In 2010, 13 states considered and 6 six states adopted resolutions opposing cap-and-trade, while only three states—Georgia, New Hampshire and South Carolina—considered similar resolutions in 2011. Some states, however, considered bills as opposed to resolutions that addressed cap-and-trade, which are discussed later.

Table 1 below outlines key climate change resolutions adopted in 2010, and Table 2 includes pending and adopted resolutions in 2011.

Actions to Limit Greenhouse Gas Emissions

In 2010, at least 20 states considered bills that set emissions reduction standards, required a greenhouse gas inventory to be created, or established an act to reduce emissions. At least six states enacted bills.

California created the Sonoma County Climate Protection Authority to coordinate and implement activities to help agencies meet emissions reduction goals (AB 881). In Colorado, HB 1365 (enacted) created incentives for electric utilities to reduce emissions.

Louisiana enacted a bill (HB 733) authorizing carbon sequestration participation to reduce greenhouse gas emissions, and Maine implemented efficient building practices to meet the state’s greenhouse gas reduction goals (SB 341). In anticipation of the new U.S. EPA greenhouse gas rules for stationary sources, South Carolina enacted HB 4888 to prepare, which adopted the regulations for the state and gave the state’s Department of Health and Environmental Control enough time to promulgate appropriate regulations, easing the transition.

Washington considered at least 12 related bills and enacted three. Senate Bill 5560 required state agencies to meet specified emission limits and provided for a climate change response strategy; Senate Bill 5989 addressed greenhouse gas performance standards; and Senate Bill 6373 directed the Department of Ecology to adopt greenhouse gas emissions reporting requirements where emissions from a single supplier meets or exceeds state limits.

In 2011, at least ten states considered and three states enacted climate-related bills. Most notably, more than 10 bills are pending in California that would amend the statewide greenhouse gas emissions limit, create an offset program fund, or establish a program to maximize regional greenhouse gas emission reductions and sequestration projects. In Massachusetts, seven bills are pending. One draft, HD 852, would require timely adoption of greenhouse gas limits for 2030. Eight bills are pending in New York that would establish rules to reduce greenhouse gas emissions, create a climate change fund, set standards for small electric generating sources, establish reporting systems, or require agencies to report emissions.

Oregon enacted HB 3538 in 2011, which required the Energy Facility Siting Council to establish certain greenhouse gas goals. Texas enacted HB 1981 which related to measuring, monitoring and reporting emissions, and creating a pollutant watch list of air contaminants that may cause short or long term adverse human health effects in a given area. In Washington, SB 5769 (enacted) required greenhouse gas emissions reductions from large coal-fired electric power generation facilities.

Opposing Greenhouse Gas Requirements

In 2010, at least five states considered bills prohibiting action to restrict emissions or repealing existing greenhouse gas reduction goals. Arizona enacted HB 2442, stating that an agency cannot adopt a program to regulate greenhouse gases without express legislative authorization. In 2011, six states considered similar legislation and Nevada enacted SB 12 to repeal state greenhouse gas reporting requirements since they would duplicate EPA reporting requirements.

Cap-and-Trade

Some states consider bills to address cap-and-trade rather than resolutions. California, Georgia and Minnesota considered bills opposing cap-and-trade in 2010, and Florida, Georgia and New Hampshire considered similar bills in 2011. A pending bill in California, AB 333, would require the State Air Resources Board to make findings and submit a report to the legislature on the readiness of a proposed cap-and-trade program.

In 2011, policymakers in at least four states considered measures that urged withdraw from regional climate initiatives. Maine enacted SB 231, stating that the state shall withdraw from the regional greenhouse gas initiative if a sufficient number of states withdraw first. In 2010, Maine and Massachusetts considered bills that urged continued participation or supported the goals and implementation of regional greenhouse gas initiatives, and New Jersey adopted a bill in 2011 encouraging the state’s continued participation.

Carbon Capture and Storage

State legislative attention to carbon capture and storage remained about the same in 2011 as in 2010. Thirteen states considered bills in 2010, at least four of which adopted or enacted legislation. Most notably, California adopted a bill, AB 1504, directing a board to consider the capacity of forest resources to sequester carbon dioxide emissions to meet greenhouse gas reduction requirements. Louisiana adopted HB 733 to authorize participation in carbon sequestration to reduce greenhouse gas emissions. In Oklahoma, SB 610 created the Geologic Storage of Carbon Dioxide Act, and SB 679 recreated a task force to continue studying issues necessary to implement transmission and storage of carbon dioxide in rock formations. Oklahoma’s Senate Bill 629 (enacted) also related to carbon sequestration and requested an assessment of public lands for sequestration potential.

In 2011, 13 states considered and at least 6 states enacted carbon capture and storage legislation. Arizona adopted a resolution (SCR 1033) encouraging generation control technology, including those designed for CCS, to be as efficient as economically possible. Kentucky enacted two bills, including HB 259 seeking projects to demonstrate injection for pooling and underground storage reservoirs. In Mississippi, SB 2723 created the Geologic Sequestration of Carbon Dioxide Act, and Montana enacted SB 285 to require carbon dioxide injection well monitoring for 50 years. North Dakota enacted a bill (SB 2318) to consider studying carbon dioxide storage easements.

State Attention to Climate Change Legislation is Likely to Continue

Although the U.S. EPA’s regulation of greenhouse gas emissions drew attention to states’ rights and many policymakers attempted to delay or postpone rule implementation, state lawmakers continue to debate climate change policy. While some states do not support federal action, many are likely to continue with emissions reduction programs within their own states.

Table 1. 2010 Adopted State Resolutions for/against Climate Change Legislation

Table 2. 2011 Pending or Adopted State Resolutions for/against Climate Change Legislation