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States Reactions to Proposed EPA Greenhouse Gas Emissions Standards635333237

States' Reactions to Proposed EPA Greenhouse Gas Emissions Standards

Melanie Condon and Jocelyn Durkay 4/8/2015

The U.S. Environmental Protection Agency (EPA) is working to craft final rules that would regulate the greenhouse gas emissions from future and existing power plants as part of President Obama’s Climate Action Plan. As these regulations are being developed, states are responding through legislation and public comments to ensure the rules will meet their energy needs and resource mixes.

UPDATE: On Jan. 7, 2015 Janet McCabe, acting administrator for the Office of Air at the Environmental Protection Agency (EPA), announced that EPA will release the proposed rules affecting new power plants and the proposed rules for existing and modified power plants together as one rule package. Additionally, EPA announced they will begin to develop a federal “model plan” for implementation that state’s can look at as they develop their own state implementation plans. See NCSL's Info Alert for more information.

Proposed Rules for Future Power Plants

coal power plantOn Sept. 20, 2013, in response to President Obama’s request under his Climate Action Plan, the EPA released proposed regulations for carbon dioxide emission limits produced by future power plants known as the “Standards of Performance for Greenhouse Gas Emissions From New Stationary Sources: Electric Utility Generating Units.” Along with the release of the new proposed regulations, EPA withdrew the standards on greenhouse gas emission limits for new power plants that the agency originally introduced in 2012.

New coal-fired plants and new natural gas-fired turbines are treated differently under the proposed rule, which sets emission limits at 1,100 pounds per megawatt hour for coal-fired plants and 1,000 pounds per megawatt hour for large natural gas-fired turbines. Smaller natural gas-fired turbines, those producing approximately 100 megawatts of electricity or less, would be allowed 1,100 pounds per megawatt hour.

As outlined in the president’s Climate Action Plan, the regulations for new power plants should be finalized one year from the proposed date, and would immediately go into effect under the requirements of the Clean Air Act. The official public comment period for the proposed rules began on Jan. 8, 2014, and was originally intended to be open for 60 days. However, the deadline was extended for an additional 60 days and ended on May 9, 2014. 

Proposed Rules for Existing Power Plants

On June 2, 2014 EPA released long-anticipated carbon dioxide emission standards for existing power plants. The proposed Clean Power Plan, as the administration is calling it, would require the overall power sector to cut carbon dioxide emissions 30 percent below 2005 levels by 2030. To do this, EPA is proposing state- specific emissions goals. The state goals are not requirements on each specific power plant, but rather provide individual states the flexibility to meet the reduction standards by 2030 through lowering overall carbon intensity of the power sector. EPA will determine state-specific goals by using a basic formula of:
 
CO2 emissions from power plants in pounds

 

= State-specific goal

State electricity generation from power plants in Megawatt Hours

Under the new proposed rules, states would be given the ability to tailor their implementation plans to the states’ unique characteristics that still fit with their state-specific goals to reduce carbon pollution. EPA has identified four “building blocks” that they feel make up the best system of emission reductions: heat rate improvements; using less carbon intensive affected electricity generating units; using more low- or zero-carbon generation; and using demand-side energy efficiency. States do not have to put in place the same strategy that EPA laid out in order to achieve compliance. The agency is also encouraging states to work together with their regions to develop multi-state plans, if it makes sense.

States must submit their implementation plans for reducing carbon dioxide emissions by June 2016; though extension waivers will be made available. The proposed rule will be open for 120 days for public comment.

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Regulatory Authority

The EPA is developing these emissions limits for future and existing power plants under authority of Section 111 of the Clean Air Act. This section requires EPA to develop regulations for categories of sources that cause or significantly contribute to air pollution that may endanger public health or welfare. EPA has regulated more than 70 stationary source categories and subcategories under Section 111.

The proposed rules for new power plants are being issued pursuant to Section 111(b) of the Clean Air Act, which directs EPA to establish emission standards for new and modified sources of air pollution. Under Section 111(b) EPA has promulgated standards for nitrogen oxides, sulfur dioxide and particulate matter emissions for new and modified electric generating units. These new actions represent the first time that EPA has attempted to regulate carbon dioxide emissions under Section 111(b).

The limits being developed for existing power plants are under authority of Section 111(d) of the Clean Air Act, which establishes a process for EPA and states to regulate emissions from already operating facilities. Under this section, whenever EPA promulgates a standard for a new source, states are required to develop plans for existing sources of pollutants for which there is no national ambient air quality standard.

While there are currently emission limits on power plants for mercury and arsenic, there are no limits on carbon dioxide. In a 2007 U.S. Supreme Court Case, Massachusetts v. EPA, the court determined that the agency could regulate carbon dioxide emissions if it was able to conclude that the gas endangered public health or the environment. In 2009 EPA issued this “endangerment finding” for carbon dioxide.
 

Public Outreach

Though the public comment period for the rules ended on Oct. 14, 2014, (see NCSL's submitted comments) EPA has stated that it will continue to engage with the public on the state and local level for effective promulgation of the proposed rules regarding carbon dioxide limits for power plants, both new and existing (expected in June 2014). EPA has 10 regional offices across the country responsible for coordinating outreach and disseminating information to the states in that region. In October and November 2013, EPA held 11, day-long, public listening sessions in each of its regional office locations and at the headquarters in Washington, D.C., in which the public was encouraged to provide feedback on the proposed rules. EPA reported that, so far, more than 10,000 people participated in the outreach process and more than 2,000 people have submitted email comments to the agency. Additionally, a public webinar on the rules garnered more than 4,000 views. EPA is not the only federal agency asking for stakeholder's input on the rules. Most recently, In February and March 2015, the Federal Energy Regulatory Committee (FERC) held a series of day-long public meetings across the country to discuss possible reliability issues if the rules are finalized. FERC held two of the meetings in Washington, D.C., and ones in Denver and St. Louis.

Source: U.S. Environmental Protection Agency

The State Legislative Role

When EPA released proposed regulations for carbon dioxide emissions from existing power plants in June 2014—under section 111(d) of the Clean Air Act—a majority of state legislatures already had adjourned. Although several states produced legislative reactions following this release, a number of legislatures already had responded in expectation of the proposed rules earlier in their legislative sessions (see 2014 State Action).

With all 50 state legislatures scheduled to meet in 2015, many are weighing a number of possible responses. For example, several states, including Arkansas, Colorado, Maine and Wisconsin, already require legislative review of state implementation plans. Agencies in other states may not require legislative involvement in plan submission. Furthermore, state agencies and legislatures may be in disagreement regarding compliance approaches and states may be simultaneously pursuing legal action and exploring compliance plans.

In 2015, numerous legislatures are determining their role. Those options include approving a final state implementation plan, barring state implementation until legal challenges are resolved, or enacting legislation to address compliance. Ultimately, many state legislatures and agencies’ are waiting for the final rule, slated to be released mid-summer, and what specific impacts the regulations will have on reliability and consumers.

2015 State Action

So far in the 2015 session, legislatures in 28 states introduced 74 bills or resolutions related to the Clean Power Plan and power plants carbon dioxide emissions regulations. Specifically, 21 states have introduced 50 bills and four states—Arizona, Arkansas, North Dakota and West Virginia—have enacted legislation (see chart below). An additional 16 states have introduced 24 nonbinding resolutions and nine of these states have adopted resolutions (see chart below). 

 

State Reactions to EPA Regulations - 50-state map

Legislation

This session, a number of state legislatures are looking to establish their role before the release of final regulations. Legislation introduced in 13 states, for example, would require the legislature’s approval of a state plan prior to its submission to EPA. Legislation has been enacted in Arizona, Arkansas and West Virginia. Additionally, legislation introduced in eight of these states would completely restrict a state agency’s authority to submit a plan without legislative approval. Legislation proposed in six states would require a state plan to be submitted to the legislature, but not require legislative approval. Legislation in three states would require the state public utility commission to approve a state plan before submitting it to EPA.

Another area being addressed by legislation would require an entity such as an environmental regulator, legislature, committee or task force to develop an impact report or to study the regulations impact on affordable power, reliability, and consumers as well as the feasibility of compliance. Of these 17 bills, legislation has been enacted in Arizona, Arkansas and North Dakota. Proposed legislation in five states would prohibit state plan development until legal challenges to the regulations are resolved, while legislation in one state would encourage a legislative committee to employ legal counsel to litigate EPA. Legislation in six states, including a bill enacted in Arkansas, proposes creating a reliability safety valve against early power plant retirements. Proposed legislation in four states seeks to cap rate increases. Introduced legislation in an additional four states would require state public utility commission and FERC certification of state plans to ensure reliability. Legislation in several states would require public hearings on proposed state plans and a bill introduced in one state would bar the state from complying with implementation. Introduced legislation in two states would establish market-based compliance options, including cap-and-invest and carbon credit systems.

Table 1 below displays summaries of enacted legislation. Table 2 displays summaries of introduced resolutions.

Resolutions

Resolutions in seven states encourage a dismissal of the final regulations or a full exemption from regulations while resolutions in three states request the EPA significantly modify regulations. Three states’ resolutions request U.S. congressional intervention and one state resolution would refuse to implement any regulations. Resolutions in four states—including adopted resolutions in Georgia, Mississippi and Missouri—supports their state agencies’ comments submitted to EPA on the rules.

Table 3 below displays summaries of adopted resolutions. Table 4 displays summaries of introduced resolutions.

Use the search function below to locate bills or resolution by state or terms (“safety valve” or “legislative approval”).

TABLE 1: Enacted State Bills as of April 8, 2015

STATE

BILL

SUMMARY

Arizona

Senate Bill 1007 (Enacted)

Establishes the joint legislative review committee on state implementation plans for carbon dioxide emissions from existing power plants. Requires legislative approval of a state plan before its submission to EPA, with certain exceptions. Establishes factors to be considered in reviewing the state plan. Tasks state entities with the role of developing or consulting on a state plan.

Arkansas

Senate Bill 183 (Enacted)

States the submission of a state plan is the preferred method of compliance with federal emission guidelines. Before initiating any development of a state plan, the Arkansas Department of Environmental Quality is required to develop several impact reports. Among other reporting, requires the Department of Environmental Quality to work in conjunction with the Public Service Commission to prepare a report on the regulation’s impacts to affordability, financial impacts, reliability and other factors. Requires the department to develop a report on electricity consumer impacts in conjunction with the Economic Development Commission. Requires legislative approval by the legislative council and the governor of a state plan before its submission to EPA, with certain exceptions. Establishes a rate and reliability safety valve for customer classes, including energy-intensive-trade-exposed industries.

North Dakota

Senate Bill 2372 (Enacted)

Authorizes legislative management to conduct a study during the 2015-2016 interim on the impacts and costs of EPA regulations on carbon dioxide emissions for new and existing electric generation units. Establishes required components in the study, including reliability, ratepayer impact, feasibility and other factors. Requires legislative management to present the study and any recommendations to the legislature.

West Virginia

House Bill 2004 (Enacted)

Identical to Senate Bill 4 as introduced.

As amended: Requires the Department of Environmental Protection to submit a report to the legislature examining the feasibility of EPA regulations. If the department determines a state plan is feasible, the department must submit the state plan to the legislature and publish the report and any proposed plan on its website. Requires legislative approval of a state plan before submission to EPA.

Source: National Conference of State Legislatures, 2015.

TABLE 2: Introduced State Bills as of April 8, 2015

STATE

BILL

SUMMARY

Arizona

House Bill 2657 (Pending)

Before initiating any development of a state plan, the Arizona Department of Environmental Quality is required to complete several impact reports. Requires the department to develop a report on the regulation’s impacts to affordability, financial impacts, reliability and other factors. Requires the department to develop a report on electricity consumer impacts, among other reports.

Colorado

Senate Bill 92 (Failed)

Requires Public Utility Commission approval of a state implementation plan before its submission to EPA. Requires legislative approval by a two-third majority vote before a plan is submitted to EPA. Requires an impact report by the commission and the Department of Public Health and the Environment summarizing the plan’s effect on rates, reliability and the economy.

Senate Bill 258 (Pending) Requires Public Utility Commission approval of a state implementation plan before its submission to EPA. Requires an impact report by the Commission and the Department of Public Health and the Environment summarizing the plan’s effect on rates, reliability, the economy and other factors. Requires legislative review of the state plan and impact report. Requires legislative approval before a plan is submitted to EPA.

Florida

House Bill 849 (Pending)

Requires the Department of Environmental Protection to submit a state plan for legislative approval before its submission to EPA, with certain exceptions. Requires legislative ratification of other legally binding action of the executive branch of the state, including executive orders, policies or policy statements, guidance documents, and rulemaking related to section 111(d) of the Clean Air Act.

Senate Bill 1076 (Pending)

Requires the Department of Environmental Protection to submit a state plan for legislative approval before its submission to EPA, with certain exceptions.

Illinois

House Bill 2607 (Pending); Senate Bill 1485 (Pending)

Directs the Planning and Procurement Bureau to establish a long-term renewable resources procurement plan. Includes provisions to encourage increased use of energy efficiency. Authorizes the Illinois Environmental Protection Agency to develop a market-based or cap and invest program upon the release of a final federal rule.

House Bill 3293 (Pending)

Establishes a low carbon portfolio standard for all utilities’ retail customers and a low carbon energy credits system. Requires 70 percent of each electric utility’s annual retail sales of electricity to be from low carbon energy sources beginning in 2016.

Illinois House 3341 (Pending)

Clarifies that a “stationary source” does not include a building, structure, facility or installation causing emissions resulting directly from internal combustion engines for transportation purposes or from a non-road engine or a non-road vehicle, as it relates to the federal Clean Air Act.

Indiana

Senate Bill 569 (Pending)

Bars the Department of Environmental Management from preparing or implementing a state implementation plan until all legal challenges are fully resolved. Requires the department to submit a copy of any state implementation plan to the relevant House and Senate committees of the legislature. The committees are required to submit a report on the impact to affordability and reliability to the Legislative Council, the governor and the state budget committee. Requires certification from the Utility Regulatory Commission and the Federal Energy Regulatory Commission that a state plan meets reliability standards. Establishes a reliability safety valve and caps rate increases.

Kansas

House Bill 2233 (Pending)

As Introduced: Companion bill of Senate Bill 151.

As Amended: Authorizes the secretary of Health and Environment to develop and submit a state plan to EPA. Requires statutory authority for the state to participate in an organized carbon trading market. Before developing a state plan, the secretary must hold a joint hearing with the state Corporation Commission and conduct a joint investigation. Requires legislative review and input of a state plan.

House Bill 2414 (Pending)

Authorizes the secretary of Health and Environment to develop a state plan and a regulatory impact report. Requires the secretary to submit the state plan and impact report to the governor, the Senate president and House speaker before submitting the plan to EPA.

Senate Bill 151 (Pending)

As Introduced: Companion bill of House Bill 2233.

As Amended: Authorizes the secretary of Health and Environment to develop and submit a state plan to EPA. Requires statutory authority for the state to participate in an organized carbon trading market. Before developing a state plan, the secretary must hold a joint hearing with the state Corporation Commission and conduct a joint investigation. Establishes a Clean Power Plan Implementation Study Committee. Requires the committee’s approval of a state plan.

Senate Bill 170 (Pending)

Prohibits the state Corporation Commission and the secretary of Health and the Environment from developing a state implementation plan until all legal challenges have been resolved. Requires legislative approval of a state plan. Requires the secretary to submit the state plan to the Corporation Commission and the Federal Energy Regulatory Commission to certify that a plan meets reliability standards. Establishes a reliability safety valve and caps rate increases.

Minnesota

House File 333 (Pending); Senate File 231 (Pending)

Requires the commissioner of the Pollution Control Agency to receive legislative approval of a state plan before submission to EPA.

House File 639 (Pending); Senate File 725 (Pending)

Amends the prohibition on new sources of fossil-fuel generated electricity to include only those sources constructed in Minnesota, not imports, and establishes an exception for reliability.

Missouri

House Bill 215 (Pending)

Prohibits the enforcement of any federal regulation by any state department or agency before receiving legislative approval. Establishes that any department or agency is not required to enforce any regulation promulgated by any federal agency.

House Bill 835 (Pending)

 

Requires the department to submit any state implementation plan for submission, to prepare a regulatory impact report and submit both items to the governor, the president pro tem of the Senate and the speaker of the House of Representatives before submitting the plan to EPA. Requires legislative approval of a state plan before its submission to EPA.

Senate Bill 142 (Pending)

Requires the department to submit any state implementation plan for submission, to prepare a regulatory impact report and submit both items to the governor, the Joint Committee on Government Accountability, the president pro tem of the Senate and the speaker of the House of Representatives before submitting the plan to EPA. Requires public hearings and a stakeholder meeting.

Mississippi

House Bill 829 (Failed)

Requires the Mississippi Department of Environmental Quality, in developing any state plan, to prepare an impact report on affordability, financial impacts, reliability and other factors. Requires the department to provide the state plan and report to the legislature for recommendations.

House Bill 875 (Failed)

Requires the Mississippi Department of Environmental Quality, in developing any state plan, to prepare an impact report on affordability, financial impacts, reliability and other factors. Requires the department to provide the report to the legislature and the public through the department’s website. Requires the department to receive legislative and public comments.

Senate Bill 2571 (Failed)

Requires the Mississippi Department of Environmental Quality, in developing any state plan, to prepare an impact report on affordability, financial impacts, reliability and other factors. Requires the department to provide the report to the legislature and the public through the department’s website. Requires the department to receive legislative and public comments.

Montana

Senate Bill 236 (Failed)

Requires the Department of Environmental Quality to solicit comments from the general public and the Public Service Commission. Requires the department to consider specific factors in developing a state plan. Requires legislative approval of a state plan before its submission to EPA, with certain exceptions. Requires notification of tribal governments.

Nebraska

Legislative Bill 469 (Pending)

Requires the Department of Environmental Quality to submit an impact report and hold a public hearing on the development of a state plan. Requires the department to submit the state plan and the impact report to the Legislature.

Nevada

Senate Bill 438 (Pending)

Requires the Department of Conservation and Natural Resources to prepare an impact report in conjunction with a state plan and to distribute the report to various state entities and electric utilities. Requires the department to hold a hearing. Requires the department to submit the state plan to the legislature. Requires legislative approval of a state plan before its submission to EPA.

New Mexico

Senate Bill 630 (Failed)

Establishes a carbon credit oversight board and defines carbon credit rights. Appropriates funds for program development.

North Carolina House Bill 571 (Pending) Requires the Department of Environment and Natural Resources to develop a state plan in consultation with the Environmental Management Commission and the Utilities Commission. Establishes factors that must be considered in the development of a state plan. Establishes a State Plan Advisory Board. Requires the department to hold at least three public hearings. Requires the department to complete interim and final reports.

Oklahoma

Senate Bill 676 (Pending)

Requires the Department of Environmental Quality to submit the state plan to the attorney general. Establishes provisions for the attorney general’s recommendations of the state plan to the governor and the legislature. Authorizes the legislature to approve or disapprove of a state plan.

South Carolina

House Bill 3707 (Pending)

Prevents a state agency from preparing a state plan before all legal challenges have been resolved. Authorizes the South Carolina Department of Health and Environmental Control to examine the implications of preparing and implementing the regulations, but may take no further action. Establishes a reliability safety valve that the Public Service Commission may not approve a proposal or order that retires a unit before its engineering lifetime if the unit is necessary to maintain grid reliability. Directs the Public Service Commission to cap rate increases associated with greenhouse gas regulations at one and one-half percent.

South Dakota

House Bill 1203 (Failed)

Requires the Department of Water and Natural Resources, if it elects to submit a state plan, to complete an impact report. Requires the department to submit the state plan and the impact report to the Executive Board of the Legislative Research Council.

Tennessee

House Bill 640 (Failed)

Requires the Department of Environment and Conservation to provide notice of the development of a state plan and solicit comments. Requires the department to develop an impact report. Requires the department to submit a state plan and impact report to the legislature and requires legislative approval of a state plan, with certain exceptions.

House Bill 868 (Pending)

Identical to introduced Senate Bill 1325.

Requires the Department of Environment and Conservation provide notice of the development of a state plan and solicit comments. Requires the department to develop an impact report. Requires the department to submit a state plan and impact report to the legislature and requires legislative approval of a state plan, with certain exceptions.

Senate Bill 1325 (Pending)

Identical to House Bill 868 as introduced.

As amended: Requires the Department of Environment and Conservation provide notice of the development of a state plan and solicit comments. Requires the department to develop an impact report, with modified provisions. Requires the department to submit a state plan and impact report to the legislature and requires legislative approval of a state plan, provides for exceptions.

Texas

House Bill 2080 (Pending)

Establishes components that the Natural Resource Conservation Commission must include when developing a state plan, including economic impact. Requires the plan to be reviewed and subject to public comments every five years. Requires the commission to submit a state plan and plan updates to the legislature. Requires collaboration among state agencies. Appropriates funding for implementation.

House Bill 3450 (Pending); Senate Bill 1404 (Pending)

Establishes notification provisions by the Commission on Environmental Quality to the governor, the lieutenant governor and the speaker of the House regarding EPA regulations, permits, state emissions plans and other actions. Defends the Texas Emissions Reduction Plan. Requires to commission to develop an impact report on costs and benefits before developing any state plan.

Senate Bill 1432 (Pending)

Prohibits a state agency from implementing EPA regulations or developing a state plan. Prohibits a state employee from participating on a board, committee, entity or a study of a national organization that recommends provisions to implement a federal greenhouse gas emissions regulatory program.

Senate Bill 1761 (Pending)

Prohibits state agencies from developing a state plan until all legal challenges have been resolved. Requires legislative approval before submitting a plan to EPA. Requires the Commission on Environmental Quality to develop a customer impact report and to submit the report to the legislature. Requires the Public Utility Commission and the Federal Energy Regulatory Commission to certify the plan meets reliability standards. Requires the commission and the Public Utility Commission to develop a memorandum of understanding regarding duties, responsibilities and functions. Establishes a reliability safety valve and provisions for retiring generating units and rate increases.

Virginia

House Bill 2291 (Failed)

Requires the Department of Environmental Quality to develop an impact report. Establishes factors the department must consider in developing a state plan. Requires the department to submit the report and a state plan to the legislature. Requires legislative approval of a state plan before its submission to EPA.

Senate Bill 740 (Failed)

Establishes factors the Department of Environmental Quality must consider in developing a state plan. Requires legislative approval of a state plan before its submission to EPA. Establishes procedure for the department to revise a state plan for resubmission to the legislature.

Senate Bill 1202 (Failed)

Prohibits any state agency from preparing or submitting a state plan to EPA unless the Corporation Commission makes certain findings in the final EPA regulations related to state requirements, nuclear generation, facilities currently in construction, interim targets, a safety valve, facility retirement, glide paths and other criteria.

Senate Bill 1343 (Failed)

Authorizes the Joint Rules Committee of the legislature to employ legal counsel to represent the state in litigation challenging EPA regulations, if the Office of the Attorney General has not instituted and is not diligently pursuing legal action on behalf of the state.

Senate Bill 1365 (Failed)

Requires the Department of Environmental Quality to develop an impact report. Establishes factors the department must consider in developing a state plan. Requires the department to submit the report and a state plan to the legislature. Requires legislative approval of a state plan before its submission to EPA.

Senate Bill 1442 (Failed)

Prohibits the Department of Environmental Quality from expending funds to develop or implement a state plan until all legal challenges have been resolved. Prohibits the department from expending funds to implement a plan until that plan is approved by the Air Pollution Control Board. Requires legislative approval of a state plan and legislative approval of a state impact report compiled by the Corporation Commission. Requires the commission to certify the plan meets Federal Energy Regulatory Commission reliability standards. Establishes a reliability safety valve and provisions on unit retirement.

West Virginia

Senate Bill 4 (Failed)

Identical to House Bill 2004 as introduced.

As amended: Requires the Department of Environmental Protection to submit a report to the legislature examining the feasibility of EPA regulations. If the department determines a state plan is feasible, the department must submit the state plan to the legislature and publish the report and any proposed plan on its website. Requires unit-specific standards for generating units and authorizes flexibility in standards. Requires legislative approval of a state plan before submission to EPA.

Source: National Conference of State Legislatures, 2015.

 

TABLE 3: Adopted State Resolutions as of April 8, 2015

STATE

RESOLUTION

SUMMARY

Arizona

Senate Concurrent Memorial 1013 (Adopted)

Urges the U.S. Congress to oppose the implementation of certain emissions reduction rules for new and existing electric generating units.

Georgia

House Resolution 613 (Adopted)

Encourages EPA to withdraw the proposed Clean Power Plan and supports the comments submitted to EPA by the Georgia Environmental Protection Division, the Georgia Public Service Commission and the Attorney General of Georgia. Encourages EPA to give states credits for emissions reductions beginning in 2005. Encourages EPA to establish nonbinding goals or extended timelines for state reductions, if a final rule is submitted. Encourages Congress and the president to enact legislation delaying implementation of the final Clean Power Plan until all legal challenges have been resolved.

Senate Resolution 449 (Adopted) Encourages EPA to withdraw the proposed Clean Power Plan. Supports the comments submitted to EPA by the Georgia Environmental Protection Division, the Georgia Public Service Commission and the attorney general of Georgia. Encourages EPA to give states credits for emissions reductions beginning in 2005. Encourages EPA to establish nonbinding goals or extended timelines for state reductions, if a final rule is submitted. Encourages Congress and the president to enact legislation delaying implementation of the final Clean Power Plan until legal challenges are resolved.

Kentucky

House Concurrent Resolution 168 (Adopted)

Establishes a Federal Environmental Regulation Impact Assessment Task Force to study the potential effect of federal environmental regulations on the affordability and reliability of electricity generation in the state.

Mississippi Senate Concurrent Resolution 637 (Adopted) Encourages EPA and the president to withdraw the proposed Clean Power Plan and supports the comments submitted to EPA by the Mississippi Department of Environmental Quality, the Public Service Commission and the Governor. Encourages EPA to give states credits for emissions reductions beginning in 2005. Encourages EPA to establish nonbinding goals or extended timelines for state reductions, if a final rule is submitted. Encourages Congress and the president to enact legislation delaying implementation of the final Clean Power Plan until all legal challenges have been resolved.

Missouri

House Resolution 425 (Adopted)

Adopts the House majority floor leader’s filing with EPA as the state’s official position, urging EPA to withdraw its Clean Power Plan proposed rule.

North Dakota House Concurrent Resolution 3024 (Pending) Urges the federal government to refrain from enacting regulations that threaten the reliability and affordability of electric power in the Northern Great Plains, including requirements for coal-fired power plants that are not achievable with current technology. Supports the efforts of the lignite industry to challenge federal regulations and develop new technology.

South Dakota

House Concurrent Resolution 1007 (Adopted)

Declares that the Legislature opposes the EPA's guidelines for reducing carbon dioxide emissions from existing fossil fuel-fired power plants and urges the EPA to withdraw the guidelines. Declares that the EPA's proposed guidelines exceed the EPA's legal authority under section 111(d) of the federal Clean Air Act. Urges the governor and the attorney general to use every means at their disposal to prevent the EPA's guidelines from being implemented.

Utah

House Concurrent Resolution 8 (Adopted)

Emphasizes improved soil health as the primary means of removing atmospheric carbon dioxide. Calls on the president of the United States to direct federal agencies that implement management practices that increase soil carbon sequestration to develop comprehensive plans that achieve the maximum amount of carbon sequestration possible. Urges the leader of each legislative house in each of the other states to implement improved soil health as the primary means of removing atmospheric carbon dioxide to the maximum extent possible. Urges all state agencies with authority to manage lands to increase soil carbon sequestration.

Virginia

Senate Joint Resolution 273 (Adopted)

Requests the Department of Environmental Quality to study the projected health benefits of the proposed federal Clean Power Plan in comparison with the projected health benefits of existing regulations. Requires the department to submit a report to the governor and the legislature by November 2015.

Source: National Conference of State Legislatures, 2015.

 

TABLE 4: Introduced State Resolutions as of April 8, 2015

STATE

RESOLUTION

SUMMARY

Alabama

House Joint Resolution 43 (Pending)

Urges EPA to recognize the authority of states to regulate existing fossil-fueled power plants.

Alaska

House Joint Resolution 8 (Pending)

Urges the federal government to exempt from the Clean Power Plan and empower the state to protect the state's access to affordable and reliable electrical generation.

Florida

House Memorial 949 (Pending); Senate Memorial 1228 (Pending)

Urges U.S. Congress to direct EPA to revise its proposed regulations that address carbon dioxide emissions from existing fossil fuel-fired electric generating units by extending the deadline for state plan submission to EPA, extending the interim and final goals and prohibit the retirement of units before their engineering lifetime.

Missouri

House Concurrent Resolution 32 (Pending)

Adopts the House majority floor leader’s filing with EPA as the state’s official position, urging EPA to withdraw its Clean Power Plan proposed rule.

House Concurrent Resolution 50 (Pending)

Urges the attorney general exhaust all available options to challenge EPA’s proposed regulations. Urges EPA to withdraw its proposed regulations.

Montana

Senate Joint Resolution 17 (Pending)

Establishes an interim committee tasked with conducting a study exploring the economic and ecological impacts of phasing out the burning of coal at generation facilities, phasing out the mining of coal and increasing the use of alternative energy resources in Montana.

South Carolina

House (Concurrent Resolution) 3570 (Pending)

Memorialize the Department of Health and Environmental Control and the South Carolina Public Service Commission to adopt policies that preserve environmental quality under the Clean Air Act while refusing to implement a Clean Power State Implementation Plan.

Texas

Senate Concurrent Resolution 27 (Pending)

Refuses to recognize EPA regulations in the absence of congressional legislation. Urges congressional efforts to withdraw regulations. Directs state agencies to resist the implementation of EPA regulations. Directs state agencies against preparing a state plan before all legal challenges have been resolved but supports state agencies in exploring the impact of these regulations.

Utah

House Joint Resolution 19 (Failed)

Supports the state of Utah's response to Environmental Protection Agency's Clean Power Plan that requests EPA to withdraw its proposal.

Virginia

House Joint Resolution 608 (Failed)

Recognizes the state’s opposition to proposed EPA emissions guidelines for the regulation of carbon dioxide emissions from existing power plants under Section 111(d) of the federal Clean Air Act.

Senate Joint Resolution 294 (Failed)

Urges the withdraw of EPA’s proposed regulations for the regulation of carbon dioxide emissions from existing power plants under Section 111(d) of the federal Clean Air Act. Requests the attorney general of Virginia to pursue all available legal actions in federal and state courts to challenge any final regulations by EPA.

Senate Joint Resolution 308 (Failed)

Requests the Joint Rules Committee of the legislature to employ legal counsel to represent the state in litigation challenging EPA regulations, if the Office of the Attorney General has not instituted and is not diligently pursuing legal action on behalf of the state.

Source: National Conference of State Legislatures, 2015.

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Additional Legislation of Interest

A number of states have introduced bills or resolutions that address greenhouse gas emissions without naming the Clean Power Plan as a motivation. These bills and resolutions—which are categorized below—may seek to reduce greenhouse gases, to establish or join a carbon market, conduct an emissions analysis, study grid reliability, support coal-fired generation or expand renewable energy and energy efficiency programs in a state. For more information, please contact Jocelyn Durkay or visit our Energy Database.

  • Greenhouse Gas Emission Requirements: A number of states already have a detailed emissions reduction plan and several are looking to modify those requirements. Emissions reductions standards have been established as state goals or through market-based mechanisms such as a regional carbon market or a cap-and-trade program. In the 2015 session, legislation has been introduced in at least California, Minnesota, New York and Oregon.

Multiple states have carbon dioxide emissions programs, including California and nine northeastern states in the Regional Greenhouse Gas Initiative (RGGI). Additional states are considering taxes or fees for fossil fuels, carbon reduction bonds, carbon credits programs, cap-and-trade or cap-and-dividend programs, or other financial incentives for carbon reductions. Legislation has been introduced in at least Hawaii, Illinois (see Table 2 above), New Mexico (see Table 2 above), Oregon, Rhode Island, Vermont and Washington. Legislation in Colorado requires the inclusion of the social cost of carbon in legislative fiscal notes while a Vermont bill would authorize the use of carbon offsets in regional carbon trading. Two states—New Jersey and Virginia—considered legislation this session to join RGGI. New Jersey was a founding member of RGGI but the governor, without the approval of the legislature, left the initiative in 2011. In the 2015 New Jersey session, one resolution to rejoin RGGI was adopted.

  • Studies: Commissioning studies can allow legislatures to gather information to aid with future policy decisions. Legislatures in a number of states are considering studies in 2015: legislation in Illinois would examine previous and future emissions reductions in the state. Massachusetts legislation would examine the lifecycle emissions of all fuels and establish a task force to study actions needed to further reduce emissions. Oregon legislation would examine the return on investment for carbon emission activities. Legislation in Washington would explore the costs and benefits of accelerated retirement of coal-fired generation units.
  • Rate Considerations for Industry: Affordable and reliable generation are principal concerns for both states and industry. Legislatures in at least two states are considering bills that would examine the impact of electricity rates on energy-intensive, trade-exposed industries (EITEs) such as mining, manufacturing and forestry. Legislation has been enacted in Arkansas (see Table 1 above) and Virginia. Bills have been introduced in Minnesota (including Table 2 above) and Washington. At least three states have included specific provisions for EITEs in electricity rates.
  • Supporting Fossil Fuels: In 2015, legislatures in Kentucky and Montana have adopted resolutions supporting coal, coal-fired power plants and carbon capture and sequestration technologies. Legislation introduced in Montana would support coal-fired power plants while legislation enacted in Montana and Wyoming encourages enhanced oil and gas recovery.
  • Expanding Low Emission Sources: Renewable energy, nuclear energy, energy efficiency and energy conservation are low or zero emission energy sources. In the 2015 session, legislatures in at least Connecticut, Minnesota, New York, Oregon, Virginia and Washington are exploring increased use of these technologies and energy diversification to reduce carbon dioxide emissions. Additionally, a number of states are exploring the expansion of renewable energy requirements or net metering policies to promote and accommodate increasing quantities of renewable energy.

*Note: Proposed legislation is not an indicator of the likelihood of consideration, passage or failure.

2014 State Action

In 2014, states took varied approaches to EPA’s proposed and pending regulations for carbon dioxide emissions from power plants. Twenty-three states introduced 53 bills and resolutions concerning these regulations.

While state legislative activity varied from support to opposition, the common thread was an emphasis on the state’s authority to develop and implement regulations that meet their energy needs, resource mix and policies. Thirty bills and resolutions explicitly mentioned the primacy of states to develop performance standards and of those, 22 cited the primacy of states to implement the Clean Air Act. Twenty-seven resolutions and three bills expressed support for coal as an energy resource, while 28 resolutions and two bills emphasized the benefits to energy security and reliability that result from a diverse energy portfolio. Five resolutions called for Congressional oversight of EPA with regard to the agency’s regulatory authority of power plant carbon dioxide emissions.

There were also U.S. congressional responses to EPA’s proposed regulations: U.S. Senator Mitch McConnell (R-Ky.) submitted an amendment to a House Bill giving Congress the ability to halt EPA’s proposed regulations and submitted a resolution of disapproval under the Congressional Review Act to stop EPA from issuing its rule.

Legislation

In 2014, 12 states—Florida, Idaho, Illinois, Kansas, Kentucky, Louisiana, Missouri, Ohio, Pennsylvania, Virginia, West Virginia and Wyoming—introduced legislation that would have authorized a state agency to develop regulations for carbon dioxide emissions from coal- and natural-gas fired electric generating units or explore the impact of such proposed regulations. Legislation was enacted in Kansas, Kentucky, Louisiana, Missouri, Pennsylvania, Virginia, West Virginia and Wyoming. Much of the legislation directed the administrative entity to consider factors such as cost, adequately demonstrated technology, achievability and efficiency when developing regulations. Additionally, legislation may have granted the administrative entity flexibility in implementing state-developed regulations and compliance deadlines. Several states included provisions adopting flexible regulatory mechanisms, including averaging emissions, emissions trading or alternative measures. Legislation in Pennsylvania required state plans to be approved by the General Assembly before plans can be submitted to EPA. Legislation in Virginia required a cost-benefit analysis of EPA’s regulations on energy producers and electric utility producers, as well as policy options for meeting the standard, to be included in an update to the state energy plan. Wyoming legislation related to EPA's regulatory authority as directed by the Constitution.

Legislative summaries of enacted bills are included below in Table 1. Legislative summaries of pending or failed bills are included in Table 2.

Resolutions

In 2014, 20 states introduced 34 resolutions concerning EPA’s regulations on carbon dioxide emissions; 20 resolutions were adopted in 16 states. The majority of these resolutions emphasized state authority to develop and implement regulations, as directed by the Clean Air Act. Resolutions also urged EPA to honor flexibility in state implementation plans, with a focus on regional or state variations and compliance deadlines. Several resolutions urged EPA to develop separate regulations for highly efficient coal-fired generation units based on ultra supercritical and supercritical technologies. Resolutions also urged the administration or Congress to develop a national energy strategy or to fund further research in carbon capture and sequestration (CCS) technology. Additionally, numerous resolutions urged EPA to base regulations on adequately demonstrated emission-reduction technology or on achievable measures to reduce emissions.

Legislative summaries of enacted resolutions are included below in Table 3. Legislative summaries of pending resolutions are included in Table 4.

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TABLE 1: Enacted Legislation as of December 31, 2014
STATE BILL SUMMARY
Kansas

House Bill 2636

(Enacted)

Authorize the Secretary of Health and Environment to establish separate standards of performance for carbon dioxide emissions based on adequately demonstrated technology, cost, efficiency and other measures that can be undertaken without requirements for fuel switching, co-firing or limiting the utilization of the unit. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or flexible regulatory mechanisms.

Kentucky

House Bill 388 (Enacted)

Authorizes the Energy and Environment Cabinet to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Establishes that any plan or performance standard for existing fossil-fuel generating units has no legal effect if EPA does not issue federal rules or guidelines for regulating carbon dioxide emissions from existing electric generating units or if the rules are withdrawn or invalidated by a court of competent jurisdiction.

Louisiana

Senate Bill 650 (Enacted)

Creates the "Louisiana Carbon Dioxide Emission Fuel-Fired Electrical Generating Unit Control Act." Authorizes the Department of Environmental Quality to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards will be based on adequately demonstrated technology, efficiency, achievable means and other factors. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules.

Missouri

House Bill 1631 (Enacted)

Authorizes the Air Conservation Commission to develop emissions standards for generating plants on a case-by-case basis by considering a number of factors, including the useful life of existing affected sources and commercially available and economically feasible technology. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Clarifies the commission's legal authority to carry out state implementation plans with emission standards and compliance schedules.

Missouri Senate Bill 664 (Enacted)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Pennsylvania House Bill 2354 (Enacted)

Identical to PA S 1453 as introduced.

As amended: Requires the Department of Environmental Protection to receive approval from the General Assembly for a State plan to regulate carbon dioxide emissions for existing stationary sources prior to submitting the State plan to the United States Environmental Protection Agency for approval. Determines actions the Department of Environmental Protection must take for developing a state implementation plan for carbon dioxide emissions from power plants. Revises the process for the legislature to approve a state implementation, where each chamber is no longer required to submit a concurrent resolution, merely a resolution, approving the implementation plan.

Virginia

House Bill 1261 (Enacted)

Requires the Virginia Energy Plan to include an analysis of the costs and benefits to energy producers and electric utility customers resulting from EPA regulations to reduce carbon dioxide emissions from fossil-fueled electric generating units, including the effect on energy markets and reliability and the commercial availability of technology required to comply with such regulations. Requires the Division of Energy of the Department of Mines, Minerals and Energy to establish energy policy positions relevant to any potential regulations of the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under Section 111(d) of the Clean Air Act. The division is required to address policy options for establishing separate standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the plan's overall goal of fuel diversity. The plan is also required to examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines and identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Companion bill to Senate Bill 615.

Virginia

Senate Bill 615 (Enacted)

AS INTRODUCED: Requires the State Air Pollution Control Board to establish separate CO2 performance standards for coal-fired and gas-fired electric generating units on a case-by-case basis, and based on the best system of emission reduction that has been adequately demonstrated and can be reasonably achieved without requiring the unit to switch fuel. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or alternative regulatory mechanisms.

AS AMENDED: Requires the Virginia Energy Plan to include an analysis of the costs and benefits to energy producers and electric utility customers resulting from EPA regulations to reduce carbon dioxide emissions from fossil-fueled electric generating units, including the effect on energy markets and reliability and the commercial availability of technology required to comply with such regulations. Requires the Division of Energy of the Department of Mines, Minerals and Energy to establish energy policy positions relevant to any potential regulations of the State Air Pollution Control Board to reduce carbon dioxide emissions from fossil fuel-fired electric generating units under Section 111(d) of the Clean Air Act. The division is required to address policy options for establishing separate standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units to promote the plan's overall goal of fuel diversity. The plan is also required to examine policy options for state regulatory action to adopt less stringent standards or longer compliance schedules than those provided for in applicable federal rules or guidelines and identify options, to the maximum extent permissible, for any federally required regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Amended bill is companion bill to House Bill 1261.

West Virginia

House Bill 4346 (Enacted)

Authorizes the Department of Environmental Protection and the Department of Environmental Protection Advisory Council to establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units and existing natural gas-fired electric generating units. Standards should address cost, adequately-demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Wyoming Senate File 75 (Enacted) Declares that the rulemaking authority of EPA is not authorized by the Constitution of the United States, and has severely impacted Wyoming's development of natural resources. Authorirzes the Attorney General to take action before EPA to stop the enforcement, administration or implementation of regulations, following approval by the governor.

Source: National Conference of State Legislatures, 2014

TABLE 2: Introduced Legislation as of December 31, 2014
STATE BILL SUMMARY

Florida

House Bill 703 (Introduced, not enacted)

Includes multiple environmental provisions, including local government, and land and water use provisions.

AS INTRODUCED: Would authorize the Department of Environmental Protection to use flexibility in developing greenhouse gas performance standards for existing industrial sources that is based on adequately demonstrated technology, including implementing less stringent performance standards and establishing longer compliance schedules. If federal regulations are withdrawn or repealed, would require the repeal of substantively identical department rules.

AS AMENDED: Bill text no longer contains reference to state-developed greenhouse gas standards.

Idaho

House Bill 473 (Introduced, not enacted)

Declares that the regulatory authority of EPA is not authorized by the Constitution of the United States, and is therefore declared invalid by the state of Idaho. Establishes that it is the duty of the legislature of Idaho to adopt and enact necessary measures to prevent the enforcement of EPA regulations that are not adopted by the state of Idaho or adopted by Congress.

Illinois

House Bill 4465 (Introduced, not enacted)

Creates the Climate Change and Emissions Management Act. Beginning in 2016, requires facilities with direct greenhouse gas emissions totaling 1,000,000 metric tons or more to reduce greenhouse gas emission by a specified amount; reductions can be accomplished by applying emission offsets and emission performance credits or by making payments to the Climate Change and Emissions Management Fund. Creates the Climate Change and Emissions Management Fund. Contains provisions concerning reports, records, penalties, and rulemaking.

Louisiana

House Bill 1217 (Introduced, not enacted)

Creates the "Louisiana Carbon Dioxide Emission Fuel-Fired Electrical Generating Unit Control Law." Authorizes the Department of Environmental Quality to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards will be based on adequately demonstrated technology, efficiency, achievable means and other factors. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules.

Missouri

House Bill 2140 (Introduced, not enacted)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Missouri

Senate Bill 965 (Introduced, not enacted)

Authorizes the Air Conservation Commission to establish standards of performance for carbon dioxide emissions from existing fossil fuel-fired electric generating units on a case-by-case basis. Standards will be based on adequately demonstrated technology, efficiency and achievable means. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Ohio

House Bill 506 (Introduced, not enacted)

Authorizes the Department of Environmental Protection to establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units. Establishes different criteria for coal-fired electric generating units and natural gas-fired electric generating units. Standards should address cost, adequately demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards or compliance schedules. Establishes that any plan or performance standard for existing fossil-fuel generating units has no legal effect if EPA does not issue federal rules or guidelines for regulating carbon dioxide emissions from existing electric generating units or if the rules are withdrawn or invalidated by a court.

Pennsylvania Senate Bill 1453 (Introduced, not enacted) Requires the Department of Environmental Protection to receive approval from the General Assembly for a State plan to regulate carbon dioxide emissions for existing stationary sources prior to submitting the State plan to the United States Environmental Protection Agency for approval. Determines actions the Department of Environmental Protection must take for developing a state implementation plan for carbon dioxide emissions from power plants.

West Virginia

Senate Bill 530 (Introduced, not enacted)

Authorizes the Department of Environmental Protection and the Department of Environmental Protection Advisory Council to establish separate standards of performance for carbon dioxide emissions from existing coal-fired electric generating units and existing natural gas-fired electric generating units. Standards should address cost, adequately-demonstrated and achievable means and efficiency. Allows for flexibility in meeting federal greenhouse gas standards through alternative standards, compliance schedules or regulatory mechanisms.

Source: National Conference of State Legislatures, 2014

TABLE 3: Adopted State Resolutions as of December 31, 2014
STATE RESOLUTION SUMMARY

Alabama

Senate Joint Resolution 57 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to maintain Alabama's and other states' authority as provided by the Clean Air Act, to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Alabama and other states. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue standards based on adequately demonstrated carbon dioxide- specific controls at fossil-fueled power plants.

Arizona

Senate Concurrent Resolution 1022 (Adopted)

Opposes the implementation of rules for new electric generating units that require technology that is not commercially available or technologically feasible. Supports EPA in issuing guidelines for state-established performance standards that do not require new source review. Urges to EPA to honor state's primary authority to develop standards and using maximum flexibility to implement state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Supports congressional oversight of EPA to ensure state’s authority to develop guidelines is respected.

Arkansas Senate Resolution 2a (Adopted) States that the Senate finds that EPA’s proposed guidelines for reducing carbon dioxide emissions from fossil fuel-fired power plants under §111(d) of the Clean Air Act interfere with the sovereign power of the state to regulate electricity and to determine the mix of energy resources that ensures reliable and affordable supplies of electricity for its citizens. Urges EPA to withdraw the proposed guidelines for reducing carbon dioxide emissions from fossil fuel-fired power plants under §111(d) of the Clean Air Act.
Florida

Senate Memorial 1174 (Adopted)

Urges EPA to respect the primacy of states and to rely on state regulators, who take into account the unique policies, energy needs, resource mix, and economic and environmental priorities of their respective states in developing performance standards, compliance schedules, and guidelines for regulating carbon dioxide emissions from existing power plants.

Georgia

House Resolution 1158 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Encourages EPA to consult with Georgia and all of the states as it develops greenhouse gas emission guidelines for existing power plants, recognizing each state's authority under the Clean Air Act to set source performance standards. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants. Identical to House Resolution 1159.

Georgia

House Resolution 1159 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Encourages EPA to consult with Georgia and all of the states as it develops greenhouse gas emission guidelines for existing power plants, recognizing each state's authority under the Clean Air Act to set source performance standards. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants. Identical to House Resolution 1158.

Illinois

House Resolution 782 (Adopted)

Urges EPA, when developing guidelines for regulating carbon dioxide emissions, to respect the primacy of Illinois and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mixes, and economic priorities of Illinois and other states. Encourages EPA to establish achievable measures for regulating greenhouse gas emissions. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants, including implementing less stringent performance standards and establishing longer compliance schedules. Companion bill to Senate Resolution 912.

Illinois House Resolution 1146 (Adopted)

Supports the role of nuclear energy in Illinois. Among other provisions, urges EPA to adopt rules that treat low-carbon resources, such as nuclear power plants, equally, regardless of age or fuel source. Urges EPA to require actions to secure the continued operations of Illinois' nuclear power plants as a compliance mechanism to meet any new federal greenhouse gas regulations and to adopt rules that allow the state to offset and balance emissions from fossil fuel electric generational with emission-free nuclear generation. Urges the Illinois Environmental Protection Agency to prepare a report discussing how the closure of nuclear power plants in the state will affect the societal cost of increased greenhouse gas emissions.

Indiana

House Resolution 11 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Indiana and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Indiana and other states. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions.

Indiana

House Resolution 70 (Adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Supports regulations that are cost-effective for Indiana and do not require existing units to retire or curtail operation. Supports performance standards that recognize state and regional variations and would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Louisiana Senate Resolution 180 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Louisiana and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Missouri

House Concurrent Resolution 30 (Adopted)

Urges EPA to reject any federal fossil fuel emission rules or regulations that would have the effect of removing coal as a viable fuel option for both new and existing electric generation in the state of Missouri and elsewhere, and to adopt rules and regulations that allow state utility and environmental regulators maximum flexibility and discretion in implementing rules and regulations.

Missouri

House Concurrent Resolution 38 (Adopted)

Urges Congress to decrease EPA's authority to regulate water quality and the use of coal and wood as energy sources.

Nebraska

Legislative Resolution 482 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Nebraska and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of each state. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Oklahoma

Senate Concurrent Resolution 39 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Oklahoma and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix and economic priorities of Oklahoma and other states. Urges EPA to issue guidelines and approve state-established performance standards that are based on reductions of carbon dioxide emissions achievable by measures undertaken at fossil-fueled electric generation facilities. States that Oklahoma and other states should be given maximum flexibility by EPA to implement carbon dioxide performance standards for fossil- fueled electric generation facilities within their jurisdiction.

Pennsylvania House Resolution 815 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Pennsylvania and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

South Dakota

House Concurrent Resolution 1022 (Adopted)

Urges the administration and Congress with input from federal agencies to establish a national energy policy that encourages access to and removal of impediments to all available domestic sources of energy so that it is affordable and reliable. States that the policy should not infringe upon states' authority already provided by the Clean Air Act that allows states to take into account existing power generation and resource mixes and provide for states to be able to demonstrate less stringent emission standards and longer compliance schedules. Urges the administration and Congress that policy should recognize state and regional variations in the provision of affordable and reliable electricity so that each state can minimize compliance costs to ratepayers and maintain reliability.

Utah

Senate Concurrent Resolution 9 (Adopted)

Calls upon EPA to issue greenhouse gas new source performance standards for fossil- fueled electric generating units and provide separate standards for coal-fueled steam electric and natural gas combined-cycle generating units that can be achieved with commercially demonstrated technologies and that will permit the economic utilization of coal.

West Virginia

House Resolution 13 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of West Virginia and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of West Virginia and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Wyoming

Senate Joint Resolution 1 (Adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Wyoming and to take into account the unique policies, energy needs, resource mix and economic priorities of Wyoming and other states. Urges EPA to issue guidelines that are practical and achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines.

Source: National Conference of State Legislatures, 2014

TABLE 4: Introduced State Resolutions as of December 31, 2014
STATE RESOLUTION SUMMARY

Arizona

Senate Resolution 1003 (Introduced, not adopted)

Supports the nullification in the state of Arizona of all rules imposed by EPA and supports consultation between EPA and tribal governmentsbefore implementation of rules that affect tribal governments.

Florida

House Memorial 1027 (Introduced, not adopted)

Urges Congress to direct EPA to honor state's primary authority to develop greenhouse gas emission standards that take into account the unique policies, energy needs, resource mix, and economic priorities of the state. Urges Congress to direct EPA to allow Florida to use maximum flexibility to implement state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Illinois

Senate Resolution 912 (Introduced, not adopted)

Urges EPA, when developing guidelines for regulating carbon dioxide emissions, to respect the primacy of Illinois and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mixes, and economic priorities of Illinois and other states. Encourages EPA to establish achievable measures for regulating greenhouse gas emissions. Supports maximum flexibility for states to implement carbon dioxide performance standards for fossil-fueled power plants, including implementing less stringent performance standards and establishing longer compliance schedules. Companion bill to House Resolution 782.

Indiana

House Concurrent Resolution 44 (Introduced, not adopted)

Encourages the administration and Congress to establish a national energy policy. Encourages EPA to establish separate guidelines for coal-fueled electric generating units that are based on highly efficient units such as ultrasupercritical and supercritical technologies without carbon capture and sequestration, recognizing the fact that additional time is needed for carbon capture and storage to become an adequately demonstrated best system of emissions reduction. Supports further efforts to research and develop carbon capture and sequestration technologies. Supports regulations that are cost-effective for Indiana and do not require existing units to retire or curtail operation. Supports performance standards that recognize state and regional variations and would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Iowa

House Resolution 118 (Introduced, not adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Iowa and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Indiana and other states.

Kansas

House Resolution 6043 (Introduced, not adopted)

Urges Congress to take action to counteract the actions currently being considered by EPA related to the Climate Action Plan. States that EPA should consider the most cost-effective ways to address climate change.

Kansas

House Resolution 6065 (Introduced, not adopted)

Urges EPA, in developing any emissions guidelines for regulating carbon emissions from existing power plants, to recognize the primacy of states to rely on both state utility and environmental regulators to lead the creation of emission performance systems that reflect the policies, energy needs, resource mix and economic conditions of each state and region. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Urges EPA to issue guidelines based on feasible measures for reducing greenhouse gas emissions. Supports performance standards that would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Missouri

Senate Concurrent Resolution 40 (Introduced, not adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Missouri and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Missouri and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges to EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Nebraska Legislative Resolution 628 (Introduced, not adopted) Would have required the Natural Resources Committee to conduct an interim study to examine the role of Nebraska state government in establishing and implementing performance standards for existing carbon dioxide emissions from power plants.

Ohio

House Concurrent Resolution 29 (Introduced, not adopted)

Supports the continued use of a diverse portfolio for electricity generation both in Ohio and in the United States and the continued development of coal-based power in the United States. Urges the president to halt EPA's regulations that restrict fuel diversity for electricity generation and to pursue new fuel diversity policies.

Ohio

Senate Concurrent Resolution 34 (Introduced, not adopted)

Urges EPA to recognize the primacy of states to rely on state utility and environmental regulators in leading the creation of emission performance systems that reflect the policies, energy needs, resource mix, and economic conditions of each state and region in developing any emissions guidelines for regulating carbon emissions from existing power plants. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules. Supports performance standards that would not mandate modifications to the mix of fuels in existing or future resource portfolios.

Tennessee

House Joint Resolution 663 (Introduced, not adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of Tennessee and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of Tennessee and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

West Virginia

House Concurrent Resolution 91 (Introduced, not adopted)

Urges the president to reject policies that would further harm coal-based electricity generation that provides our residents and businesses the affordable, reliable power they need to prosper.

West Virginia

House Resolution 9 (Introduced, not adopted)

Urges EPA, in developing guidelines for regulating carbon dioxide emissions from existing power plants, to respect the primacy of West Virginia and other states and to rely on state regulators to develop performance standards for carbon dioxide emissions that take into account the unique policies, energy needs, resource mix, and economic priorities of West Virginia and other states. Urges EPA to issue guidelines based on achievable measures for reducing greenhouse gas emissions. Urges EPA to honor state's authority to have maximum flexibility in implementing state-established carbon dioxide performance guidelines, including implementing less stringent performance standards and establishing longer compliance schedules.

Source: National Conference of State Legislatures, 2014

*Note: Proposed legislation is not an indicator of the likelihood of consideration, passage or failure.

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