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Summaries of Selected 2005 State Air Quality Bills

Updated May 2005

State

Category

Bill Number

Status

Description

Arizona

Alternative Fuel

H.B. 1154

Enacted

Beginning January 1, 2006, limits the sale or supply of gasoline for use in motor vehicles that contains more than 0.10 percent oxygen by weight from various fuel additives.

California

Greenhouse Gas Emissions

A.B. 32

Pending

Would revise the functions and duties of the greenhouse gas registry by requiring the registry, in coordination with the California Environmental Protection Agency and the State Energy Resources Conservation and Development Commission, to adopt specified procedures and protocols for monitoring, estimating, calculating, reporting and certifying greenhouse gas emissions resulting from specified industrial sectors. Would require the registry to coordinate with state agencies to promote the development of harmonized reporting standards and would require the registry to coordinate with other states and regions to ensure that businesses and organizations operating both in California and out of state follow uniform protocols when reporting to multiple registries, states or regions.

California

Port Pollution

S.B. 764

Pending

Would require the ports of Los Angeles and Long Beach to develop a baseline for air quality.  Would require the air quality baseline to be based on the level of emissions from specified sources, and would require the ports of Los Angeles and Long Beach to hold public hearings on the baseline data and discuss potential mitigation and control measures to reduce emissions from sources at the port; develop a date for which it will meet their 2001 baseline for each source listed no later than January 1, 2008; and report to the South Coast Air Quality Management District and the State Air Resources Board regarding the port's compliance.

Colorado

Alternative Fuel

H.B. 1290

Passed Both Houses; To Governor

Would extend and expand the state income tax credit for the purchase of low-emission, ultra low-emission and zero-emission vehicles.  The tax credit would be based on the difference in price between the alternative fuel vehicle and a traditional vehicle of the same class.

Colorado

Air Quality Standards

H.B. 1293

Not Enacted

Would have expanded Colorado’s Voluntary Emissions Reduction Program for coal-fired power plants by specifying additional sulfur dioxide and nitrogen oxide emission reductions that would have to be met to guarantee a 15-year assurance period.  Would have capped air quality improvement costs incurred in achieving additional emission reductions at $130 million and stipulated that they could be recovered only from customers purchasing energy from the public utility.

Connecticut

Motor Vehicle Emissions

H.B. 5876, H.B. 5877

Pending

Would allow individuals who buy fuel efficient vehicles to use high-occupancy vehicle lanes without regard to the number of passengers in the vehicle.

Connecticut

Alternative Fuel

S.B. 223

Pending

Would allow municipalities to abate property taxes on passenger vehicles that use low-emission alternative fuel or hybrid technology.

Connecticut

Alternative Fuel

S.B. 598

Pending

Would provide tax exemptions for new motor vehicles powered by biodiesel fuel and for equipment that converts vehicles to use biodiesel fuel.

Georgia

Alternative Fuel

H.B. 21

Pending

Would provide for an income tax credit for the purchase or lease of a new hybrid vehicle.

Hawaii

Motor Vehicle Emissions

H.B. 909

Not Enacted

Would have required the Department of Transportation to adopt rules to implement the California low-emission vehicle standards for passenger cars and light duty trucks.  The rules would have been applicable to motor vehicles with a model year 2008 and later.

Hawaii

Greenhouse Gas Emissions

S.B. 1553

Not Enacted

Would have directed the Department of Health to adopt rules by January 1, 2007 to achieve the maximum feasible reduction of greenhouse gas emissions from motor vehicles beginning with the 2011 model year.  The rules would not have gone into effect until January 1, 2008, and would have achieved reductions by 2014.

Hawaii

Greenhouse Gas Emissions

S.B. 1710

Not Enacted

Would have directed the Department of Health to adopt rules by January 1, 2007, to achieve the maximum feasible reduction of greenhouse gas emissions from motor vehicles beginning with the 2009 model year.  The rules would not have gone into effect until January 1, 2008.  The minimum emission reduction levels would have been 22 percent by 2013 and 30 percent by 2017.

Illinois

New Source Review

H.B. 244

Pending

Would amend the Environmental Protection Act to provide that the Pollution Control Board may not amend or revise its new source review regulations to be less stringent than those that existed on December 30, 2002.

Illinois

Alternative Fuel

H.B. 652

Pending

Would amend the Illinois Income Tax Act to provide an income tax credit for the purchase of an alternative fueled vehicle in the amount of $1,000 per vehicle purchased. The credit may not reduce the taxpayer's liability to less than zero but may be carried forward for five years.

Indiana

Air Quality Standards

H.B. 1383

Not Enacted

Would have prohibited the Air Pollution Control Board, among other state agencies, from adopting a rule or standard that is more stringent than one issued by the U.S. Environmental Protection Agency.

Indiana

Mercury

H.B. 1698

Not Enacted

Would have authorized the Air Pollution Control Board to adopt rules requiring coal-fired power plants to reduce mercury emissions by 90 percent.

Kentucky

Alternative Fuel

H.B. 57

Not Enacted

Would have provided nonrefundable tax credits to producers, blenders and retailers of biodiesel fuel. Would have limited total credits available each year for each category to $1 million.

Maine

Alternative Fuel

H.B. 229, S.B. 95

Pending

Would exempt from the sales tax 100 percent of the sale or lease price of a new hybrid gasoline-electric, fuel-cell or hydrogen fueled vehicle.

Maine

Alternative Fuel

H.B. 232

Pending

Would extend for three years to December 31, 2008, the tax credit given for the construction or improvements to any filling station for the purpose of providing clean fuels for use in motor vehicles.

Maine

Greenhouse Gas Emissions

H.B. 68

Pending

Would require the Department of Environmental Protection, when adopting rules to reduce greenhouse gas emissions, to issue an estimate of the amount of global warming that will be prevented and the costs that will result from the rules.

Maine

Alternative Fuel

S.B. 59

Pending

Would prohibit a person from registering a new vehicle unless the vehicle is certified to meet California emission standards.

Maryland

Multi-Pollutant Strategy

H.B. 1169

Not Enacted

Would have required a person who owns, leases, operates or controls specified power plants to limit emissions of nitrogen oxides, sulfur dioxide, mercury and carbon dioxide by specified rates after specified dates. Would have permitted emissions of carbon dioxide in excess of a specified amount to be offset by carbon dioxide emission reductions at other power plants, by vegetative sequestration measures, or by reductions achieved outside the state.

Maryland

Alternative Fuel

H.B. 34, H.B. 142

Not Enacted

Would have authorized high-occupancy vehicle (HOV) lanes to be used by inherently low-emission vehicles and qualified hybrid vehicles.

Maryland

MTBE

H.B. 205

Not Enacted

Would have prohibited, on or after January 1, 2008, a person from selling or supplying gasoline that contains more than 0.5 percent of methyl tertiary butyl ether by volume.

Maryland

New Source Review

H.B. 84

Not Enacted

Would have prohibited  the Department of the Environment from changing new source review regulations that existed on December 30, 2002, unless specified conditions were met.

Maryland

Alternative Fuel

S.B. 12

Not Enacted

Would have authorized a credit against the motor vehicle excise tax for qualified electric vehicles and hybrid vehicles from July 1, 2005, to June 30, 2009.

Maryland

Multi-Pollutant Strategy

S.B. 744

Not Enacted

Would have established emissions limits on four pollutants—nitrogen oxides, sulfur dioxide, mercury and carbon dioxide—for coal-fired power plants. Would have authorized coal-fired power plants to determine the best method of compliance.

Michigan

Alternative Fuel

S.B. 14

Pending

Would provide a tax credit for the purchase of an alternative energy vehicle.

Minnesota

Alternative Fuel

H.B. 1832

Pending

Would provide vehicles regularly fueled with Ethanol 85 access to high-occupancy vehicle lanes.

Minnesota

Mercury

H.B. 2152, H.B. 2193

Pending

Would require power plants to achieve either a 90 percent reduction in mercury emissions compared with 1999 levels, or an emissions rate of 6.9 x 10 pounds per MWh, whichever is less.  Compliance dates would range between December 31, 2009, and December 31, 2011.  Proposes a grant program to fund research on mercury reduction technologies.

Mississippi

Alternative Fuel

S.B. 2385

Not Enacted

Would have exempted qualified hybrid vehicles from ad valorem taxation.

Montana

Mercury

H.B. 455

Not Enacted

Would have required an owner or operator of a fossil fuel-fired power plant to reduce mercury emissions by a minimum of 80 percent by January 1, 2010.

Montana

Alternative Fuel

H.B. 776

Enacted

Provides a tax credit equal to 15 percent of the cost of biodiesel storage and blending equipment.  Provides a tax refund of 2 cents/gallon to biodiesel distributors that have paid the special fuels tax, and 1 cent/gallon for biodiesel retailers. 

Montana

Alternative Fuel

S.B. 293

Enacted

Among other provisions, requires gasoline sold in the state for use by motor vehicles to be blended with 10 percent ethanol and contain no more than trace amounts of methyl tertiary butyl ether.

New Hampshire

MTBE

H.B. 58

Enacted

Requires the elimination of methyl tertiary butyl ether from gasoline supplies by January 1, 2007.

New Hampshire

Mercury

S.B. 128

Pending

Would set two mercury emission caps—from 135 pounds to 50 pounds annually beginning July 1, 2009 (a 63 percent reduction), then to 24 pounds per year on July 1, 2013 (for an aggregate 82 percent cut).  Would prohibit power plants from using a trading and banking program to achieve the reductions.

New Mexico

Air Emissions

H.B. 240

Not Enacted

Would have required New Mexico gasoline stations to install functioning vapor recovery nozzles at gasoline pumps.

New Mexico

Air Quality Standards

H.B. 1004

Not Enacted

Would have authorized the Environmental Improvement Board to issue regulations for mercury emissions from power plants that are more stringent than federal standards, and would have removed the prohibition on adopting standards that are more stringent than federal standards for the prevention of significant deterioration program and for performance standards.

New York

Multi-Pollutant Strategy

A.B. 1570

Pending

Would require the Department of Environmental Conservation to establish air pollution standards for power plants for nitrogen oxides, sulfur dioxide, carbon dioxide and mercury.

New York

Mercury

A.B. 6484

Pending

Would direct the commissioner of environmental conservation to develop standards for mercury emissions reductions and develop strategies to achieve those reductions.

New York

Alternative Fuel

S.B. 560

Pending

Would provide a sales and compensating use tax exemption for retail sales of new motor vehicles that meet California's super ultra low-emission vehicle standards, and that have a fuel efficiency at least 1.5 times the average fuel efficiency for vehicles in its weight class.

New York

Alternative Fuel

S.B. 92

Pending

Would allow operators of qualified hybrid vehicles to travel in high-occupancy vehicle lanes regardless of the number of passengers in the vehicle.

North Carolina

Alternative Fuel

S.B. 1015

Pending

Would create a tax credit for the purchase or lease of alternative fuel vehicles.

North Carolina

Alternative Fuel

S.B. 1149

Pending

Would establish a banking and selling program for credits issued under the federal Energy Policy Act in order to generate funds for the use of alternative fuels and alternative fueled vehicles by state agencies and institutions.

North Dakota

MTBE

S.B. 2346

Enacted

Prohibits the sale of gasoline that contains methyl tertiary butyl ether in quantities greater than five-tenths of 1 percent by volume.

Ohio

Mercury

S.B. 66

Pending

Beginning in 2008, would require the owner or operator of an affected power plant to achieve a mercury emissions rate equal to or less than six-tenths of one pound of mercury per trillion BTU, or a mercury emissions rate equal to a 90 percent reduction of mercury.

Oklahoma

Alternative Fuel

H.B. 1398

Pending

Would provide a tax credit for any biodiesel facility that is in production at the rate of at least 25 percent of its design capacity for the production of biodiesel.

Oklahoma

Alternative Fuel

H.B. 1556, H.B. 1615

Pending

Would provide a tax credit for any qualified facility which is in production at the rate of at least 25 percent of its design capacity for the production of ethanol.

Oregon

MTBE

H.B. 2949

Pending

Would prohibit the sale of gasoline blended or mixed with methyl tertiary butyl ether in concentrations greater than six-tenths of one percent by volume.

Oregon

Alternative Fuel

H.B. 3481

Pending

Would create or expand tax incentives for facilities producing ethanol and biofuel; for agricultural production of biofuel raw materials or biomass used for certain energy production; and for bus tailpipe emission reduction devices.  Would create a grant program to reduce emissions from school buses.  Would create a fuel tax incentive for biodiesel use.

Oregon

Motor Vehicle Emissions

S.B. 344

Pending

Would require the Environmental Quality Commission to adopt regulations

implementing California's low-emission vehicle program beginning with 2009 model year.

Pennsylvania

Alternative Fuel

H.B 968

Pending

Would exclude from the sales and use tax the purchase price of electric vehicles, hybrid electric vehicles and zero emission vehicles.

Pennsylvania

MTBE

H.B. 718

Pending

Would prohibit the production, sale and distribution of gasoline containing methyl tertiary butyl ether.

Rhode Island

MTBE

H.B. 5990

Pending

Would prohibit the sale or import of gasoline containing methyl tertiary butyl ether in quantities greater than 0.5 percent by volume.

Rhode Island

MTBE

H.B. 6117

Pending

Would require the elimination of methyl tertiary butyl ether as a gasoline additive as of July 1, 2007.

Tennessee

Motor Vehicle Emissions

H.B. 25

Pending

Would direct the Air Pollution Control Board to promulgate rules to allow the sale of motor vehicles that meet California's emissions standards.  Would require the board to monitor California's standards and, when those standards have been adopted in states representing 40 percent of the United States population, promulgate rules to adopt California's emissions standards.

Texas

Air Quality Standards

H.B. 991

Not Enacted

Would have authorized the Texas Commission on Environmental Quality to enter into a voluntary emissions reduction agreement with a power plant to reduce emissions according to an emissions reduction plan in exchange for a regulatory assurance period within which to recover compliance costs.

Texas

Alternative Fuel

H.B. 1156

Not Enacted

Would have provided for reduced sales and use taxes for hybrid vehicles ranging from 4.69 percent to 0 percent, depending on mileage.

Texas

Air Emissions

H.B. 2481

Passed Both Houses

Among other changes, would extend the Texas Emissions Reduction Plan from August 31, 2008 to August 31, 2013.  Would require the Texas Commission on Environmental Quality to provide grants for the clean school bus program.  Would streamline the grant-making process for the diesel emissions reduction incentive program.

Texas

Air Emissions

H.B. 2577

Not Enacted

Would have required the Texas Commission on Environmental Quality to establish three emission allocation regions in the state, and would have set allowable nitrogen oxides (NOx), sulfur dioxide (SO2), and mercury emission levels from power plants in each region.  Would have established an emissions trading program for NOx and SO2 only.

Texas

Air Emissions

S.B. 484

Not Enacted

Would have increased the emissions level beyond which a fee is paid from 4,000 tons per year to 8,000 tons per year, and would have required the Texas Commission on Environmental Quality to reassess its fee schedule based on the increased revenue received.

Texas

Mercury

S.B. 1523

Not Enacted

Would have prohibited mercury emissions from a power plant from exceeding 10 percent of its mercury emissions in 2002.

Vermont

MTBE

H.B. 188, S.B. 14

Pending

Would prohibit the sale and storage of fuel products containing the additive methyl tertiary butyl ether.

Vermont

Alternative Fuel

H.B. 370

Pending

Would create a purchase and use tax exemption for hybrid vehicles.

Vermont

Greenhouse Gas Emissions

H.B. 49

Pending

Would establish goals of greenhouse gas reduction to the 1990 level of emissions by 2010 and to levels 10 percent below the 1990 levels by 2020. Proposes the establishment of a Vermont Climate Crisis Action Commission charged with developing a comprehensive climate change action plan and submitting it to the appropriate committees of the General Assembly no later than January 1, 2006.

Vermont

Alternative Fuel

S.B. 13

Pending

Would exempt alternative fuel vehicles from the motor vehicle purchase and use tax.

Virginia

Multi-Pollutant Strategy

H.B. 2742

Not Enacted

Would have set a maximum average nitrogen oxide (NOx) emission limit for an electric generating unit of 0.3 pounds per million BTU beginning May 1, 2011 (equal to a 71precent reduction).  For sulfur dioxide, the maximum average emission rate would have been 0.54 pounds per million BTU (equal to an 86 percent reduction). Would have required the Department of Environmental Quality to develop a strategy to reduce mercury emissions and submit it to the governor, the legislature and the state Air Pollution Control Board by July 1, 2006.  Would have required the department to submit its findings and recommendations on carbon dioxide emission reduction options to the legislature no later than July 1, 2008.

Washington

Motor Vehicle Emissions

H.B. 1397

Enacted

Requires the Department of Ecology, by December 31, 2005, to adopt rules to implement the California low-emission vehicle standards for passenger cars and light duty trucks.  The rules are applicable to motor vehicles with a model year 2009 and later.

 

Alternative Fuel

S.B. 5916

Enacted

Provides a sales and use tax exemption for motor vehicles powered by clean alternative fuels and hybrid vehicles.

 

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