Environment, Energy and Transportation Program

Summaries of Selected 2002 State Air Quality Legislation

October 2002

Arizona	California	Colorado
Connecticut	Florida	Idaho
Indiana	Illinois	Kentucky
Maryland	Missouri	New Hampshire
New Jersey	New Mexico	New York
Ohio	Rhode Island	Tennessee
Virginia	West Virginia

State	Category	Bill Number	Status	Description
Arizona	Alternative Fuel	HB 2103	Enacted.	Expands the definition of "clean burning fuel" to include a diesel fuel that: contains a maximum of 15 parts per million by weight of sulfur, meets American Society for Testing and Materials standard, meets EPA's registration requirements for fuels and additives (section 211 of the federal Clean Air Act) and is used in an engine that is equipped or has been retrofitted with a device that has been certified by the California Air Resources Board (CARB) for use with that engine and application to reduce particulate emissions.
Arizona	Motor Vehicle Repair/Retrofit	HB 2442	Enacted	Sets a limit of $10,000 on the total amount of money an owner of diesel vehicles registered as a fleet can receive to repair and retrofit the vehicles under the voluntary vehicle repair and retrofit program, known as V2R2. Limits the portion of V2R2 funds that can be used on the diesel portion of the program in any year to 25 percent.
Arizona	Regional Haze	HB 2585	Enacted	Authorizes the Department of Environmental Quality (DEQ) to submit to EPA a state implementation plan (SIP) to address regional haze visibility impairment in mandatory federal class I areas under the federal Clean Air Act. Allows DEQ to participate in interstate regional haze programs established by the Western Regional Planning Organization. Requires the DEQ director to submit the regional haze SIP to EPA, including provisions such as monitoring strategy and pollution prevention.
California	Greenhouse Gas Emissions	AB 1058	Passed both Houses. In Assembly for Concurrence with Senate Amendments.	Requires the Air Resources Board to develop regulations to reduce carbon dioxide emissions from motor vehicles by January 1, 2005, with an effective date no earlier than January 1, 2006. Would apply to vehicles beginning with 2009 model year.
California	Alternative Fuel	AB 2461	Passed Assembly. In Senate Committee.	Extends until January 1, 2009, provisions of the Vehicle License Fee Law relating to low emission vehicles. The law exempts from the determination of market value the incremental costs that are incurred relative to a new light-duty motor vehicle propelled by an alternative fuel that is certified as producing emissions that meet or are lower than the standards for ultra-low emission vehicles.
California	Alternative Fuel	AB 2774	Passed Assembly. In Senate Committee.	Requires the California Environmental Protection Agency and Resources Agency to convene a task force to develop and design the ongoing structure, plan, funding, and content for a public information and education campaign to encourage the use of advanced technology light-duty vehicles that significantly reduce emissions of criteria pollutants, greenhouse gases, and toxic air contaminants in comparison to the average light duty vehicle. These provisions would be repealed January 1, 2007.
Colorado	Motor Vehicle Emissions Testing	HB 1338	Passed both Houses. Awaiting Governor's Signature.	Increases from $15 to $22 the statutory cap for a basic emissions test and for an enhanced emissions test for model year 1981 and older vehicles. Increases such cap one dollar each year until the year 2005 in which the cap is $25 for all vehicles.
Connecticut	Emissions Trading	HB 5209	Enacted.	Limits, as of January 1, 2004, the use of emissions credit trading as a means of meeting Department of Environmental Protection (DEP) regulatory standards for sulfur dioxide emissions from older power plants. Allows trading only when the DEP commissioner orders its use to offset excess emissions when the standards are suspended due to a shortage of low-sulfur fuel. Codifies emissions standards scheduled to go into effect January 1, 2003.
Connecticut	Motor Vehicle Emissions Testing	SB 20	Enacted.	Among other provisions, expands the definition of an official emissions inspection station to include any such facility approved by the Commissioner of Motor Vehicles; includes those located on the premises of a licensed dealer or repairer.
Florida	Electricity Generation	HB 1601	Enacted.	Redefines the term "environmental compliance costs" to include certain costs related to air quality. Includes costs prudently incurred by an electric utility pursuant to an agreement entered into prior to January 1, 2003, between the utility and the Florida Department of Environmental Protection or the U.S. Environmental Protection Agency for the purpose of ensuring compliance with ozone ambient air quality standards by an electric generating facility owned by an electric utility.
Idaho	Greenhouse Gas Emissions	SB 1379	Enacted.	Provides for the creation of the Carbon Sequestration Advisory Committee and the Carbon Sequestration Assessment Fund. The 41-member committee will recommend policies or programs to enhance the ability of Idaho agricultural and nonindustrial private forest landowners to participate in systems of carbon trading.
Indiana	MTBE	SB 381	Enacted.	After July 23, 2004, gasoline sold or used in Indiana may not contain more than one-half percent (0.5%) by volume of methyl tertiary butyl ether (MTBE).
Illinois	MTBE	HB 3768	Passed both Houses. Awaiting Governor's Signature.	Amends the MTBE Elimination Act; provides an exception to the MTBE prohibition in motor fuel when the fuel contains a trace amount only.
Kentucky	Motor Vehicle Emissions Testing	HB 618	Enacted.	Requires certain air pollution control district boards to develop plans to meet the requirements of the National Ambient Air Quality Standards without the use of a vehicle emission testing (VET) program. Requires the establishment of VET program review groups in counties that are not in attainment of national standards.
Maryland	Judicial Review	HB 5	Enacted.	Expands legal standing to seek review of final decisions issued by the Department of Environment on air quality operating permits.
Maryland	Judicial Review	SB 248	Enacted.	Expands legal standing to seek review of final decisions issued by the Department of Environment on air quality operating permits.
Missouri	Emissions Trading	SB 1163	Passed both Houses. Awaiting Governor's Signature.	Revises the air emissions banking and trading program by clarifying use of air emission reduction credits. In order for air emission reduction credits to be tradable between sources, the air emission reduction credits would be based on air emission reductions that occur after August 28, 2001, or must be credits that exist in the current air emissions bank.
New Hampshire	Multi-Pollutant Strategy	HB 284	Enacted.	Establishes a cap-and-trade program to reduce emissions of nitrogen oxides, sulfur dioxide, mercury and carbon dioxide from fossil fuel-fired power plants in the state. The legislation sets the levels of the emissions caps, which must be achieved by December 31, 2006.
New Jersey	Alternative Fuel	AB 409	In Assembly Committee.	Directs the Department of Environmental Protection to adopt rules and regulations necessary to implement Phase II of the California Low Emission Vehicle program in New Jersey beginning in 2006.
New Jersey	Alternative Fuel	AB 417	In Assembly Committee.	Establishes a corporate business tax credit for 15% of the cost of purchasing alternative fuel vehicles or alternative technology vehicles during privilege periods beginning on or after Jan. 1 of the year following enactment. Defines alternative fuel and excludes reformulated gasoline required to be sold under the federal "Clean Air Act Amendments of 1990" from the definition.
New Jersey	Alternative Fuel	SB 121	In Senate Committee.	Companion bill to AB 409.
New Jersey	Alternative Fuel	SB 771	In Senate Committee.	Companion bill to AB 417.
New Jersey	Alternative Fuel	SB 791	In Senate Committee.	Establishes a sales tax exemption for motor vehicles certified as super ultra low emissions vehicles, partial zero emissions vehicles and zero emissions vehicles for purposes of the Phase II California Low Emissions Vehicle Program. The sales tax exemption would not take effect until SB 121 is enacted. The tax exemption would expire on Dec. 31, 2009.
New Jersey	MTBE	AB 941	In Assembly Committee.	Prohibits the sale of gasoline containing methyl tertiary butyl ether (MTBE) in New Jersey after Jan. 1, 2004. Requires the Department of Environmental Protection to apply for a waiver from oxygen content requirements for gasoline from the U.S. EPA for the purpose of discontinuing the use of MTBE as a gasoline additive. Establishes the Transportation Energy Security Council to monitor, study and assess the effort and progress of the oil industry to replace MTBE in gasoline. Requires the council to report its findings to the Governor and recommend to the Governor that the prohibition on MTBE be enforced beginning Jan. 1, 2004 or if the council believes that the oil industry is making a good faith effort to replace MTBE but will not meet the deadline, the effective date may be extended to a date recommended by the council. The council expires on July 1, 2004 or six months after the extended effective date.
New Mexico	Alternative Fuel	SB 18	Enacted.	Requires state agencies and educational institutions to acquire vehicles capable of operating on alternative fuel; requires reporting of such acquisitions by state agencies. Amends the definition of alternative fuel to include a fuel mixture containing not less than 20 percent vegetable oil.
New York	Mercury	AB 5203	Passed Assembly. In Senate Committee.	Directs the commissioner of environmental conservation to develop standards for mercury emissions reduction and to develop methods to measure mercury emissions. Directs the commissioner to report on emissions reductions. Establishes a new mercury emission reduction program. Requires the reduction of mercury emissions from power plants and incinerators to be reduced by 90% by Jan. 2007.
New York	Multi-Pollutant Strategy	AB 5577	Passed Assembly. In Senate Committee.	Requires the Department of Environmental Conservation (DEC) to include mercury air emissions in the general comprehensive plan for air pollution. Requires the DEC to create rules for the abatement of nitrogen oxide, sulfur dioxide and carbon dioxide emissions. Establishes regulation of power plant emissions and sets performance standards for them.
New York	Alternative Fuel	AB 6646	In Assembly Committee.	Provides a sales and compensating use tax exemption for retail sales of new motor vehicles meeting "clean vehicle" standards. A vehicle will only meet these standards if, among other criteria, it meets exhaust emissions standards for super-ultra-low emissions vehicles that the state of California has adopted. The law will expire on Nov. 30, 2006.
New York	Alternative Fuel	AB 9626	In Assembly Committee.	Establishes a sales and compensating use tax credit for fuel-efficient vehicles, zero-emitting vehicles, flexible fuel vehicles and alternative fuel vehicles. Creates tax credits against personal income tax and corporate franchise tax for the purchase of such vehicles.
Ohio	MTBE	HB 425	Enacted.	Prohibits the sale of gasoline containing more than one-half of one percent (0.5%) of methyl tertiary butyl ether (MTBE) after July 1, 2005. The prohibition will not be in effect unless the U.S. EPA grants a waiver allowing Ohio to control or prohibit the use of MTBE in motor vehicle fuels. The Ohio Director of Environmental Protection must apply for this waiver.
Ohio	Electricity Generation	SB 125	In Senate Committee.	Allows a nonrefundable tax credit against corporation franchise tax liability for air quality expenditures incurred by the owners or operators of certain coal-fired electric generating or coal consumption facilities. Permits such owners or operators to assign, sell, trade, or otherwise transfer the credit to any corporation that is subject to the corporation franchise tax. Expands the air quality facilities for which the Ohio Air Quality Development Authority may issue bonds or make loans or grants.
Rhode Island	MTBE	HB 6636	In House Committee.	Prohibits the use of methyl tertiary butyl ether (MTBE) as an additive in gasoline sold in Rhode Island. Takes effect upon passage.
Rhode Island	Greenhouse Gas Emissions and Alternative Fuels	HB 7543	Passed House. In Senate Committee.	Vests the Public Utilities Commission, the Department of Environmental Management and the State Energy Office with leading the development of a comprehensive fossil fuel and greenhouse gas reduction program consistent with the New England Governors' and Eastern Canadian Premiers' climate change plan. Comprehensive planning will include tax and other economic incentives for businesses and residents to adopt energy technologies that reduce or eliminate reliance on fossil fuels and reduce carbon dioxide emissions. Also exempts from the state sales tax the purchase of hybrid-electric vehicles, fuel cell vehicles and other alternative fuel vehicles.
Rhode Island	MTBE	SB 2052	In Senate Committee.	Directs the director of the Department of Environmental Management to develop and implement a plan to phase out the use of MTBE in gasoline by July 1, 2003. Requires the director to apply for a waiver from the US EPA for the purpose of discontinuing the use of MTBE.
Rhode Island	MTBE	SB 2062	In Senate Committee.	Companion Bill to SB 2052.
Rhode Island	MTBE	SB 2070	In Senate Committee.	Companion Bill to SB 2052.
Rhode Island	MTBE	SB 2122	In Senate Committee.	Bans the use of MTBE as a gasoline additive and defines MTBE as a hazardous substance. Effective October 1, 2002.
Tennessee	Air Quality Standards	SB 2949	Enacted.	Authorizes the Air Pollution Control Board to issue permits that are consistent with rules of the board and contain provisions at least as stringent as all federal requirements under the Clean Air Act. This includes, but is not limited to, all standards and requirements relating to new sources, Title V permitting and hazardous pollutants.
Virginia	Electricity Generation	SB 389	In Senate Committee. Carried over to 2003 Session.	Requires the Department of Environmental Quality to develop a plan, no later than Sept. 1, 2002, to study the environmental impacts of proposed electrical generating facilities. Also requires the department to increase the number of ozone monitoring stations. Directs the department to place these ozone monitoring stations in the regions of greatest permitting activity, if funding exists.
West Virginia	Air Quality Standards	HB 4163	Enacted.	Authorizes the Division of Environmental Protection to promulgate legislative rules regarding ambient air quality standards for sulfur oxides, particulate matter, carbon monoxide and ozone. Further authorizes the division to promulgate legislative rules regarding standards of performance for new stationary sources pursuant to 40 CFR Part 60; acid rain provisions and permits; and a NOx budget trading program to control and reduce nitrogen oxides.

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