States' Reactions to EPA Greenhouse Gas Emissions Standards

Jocelyn Durkay 12/28/2017

Final Rule for Future and Existing Power Plants

coal power plantOn Aug. 3, 2015, President Obama unveiled the final version of the Clean Power Plan, which aims to regulate the amount of carbon dioxide emissions from both future and existing power plants. The proposed rule was originally introduced in June 2014.

Under the final rule, the U.S. Environmental Protection Agency (EPA) assigned each state a unique emission reduction target that it must meet based on a specific formula, resulting in an overall goal of reducing carbon emissions by 32 percent nationwide by 2030. There is also a set of interim goals assigned to each state to allow for a gradual reduction in carbon dioxide emissions from 2022-30. A state can choose to reduce its emissions however it sees fit, and has the option to comply individually or as part of a multi-state plan.  

To determine a state’s goal, EPA divided the country into three regions, based on interconnected regional electricity grids. The agency then looked at three “building blocks” of reducing carbon emissions to determine the ranges of reductions that were feasible for each region.

 The building blocks consist of:

  • Improving the heat-rate of fossil-fuel fired plants so they run more efficiently.
  • Switching to natural-gas powered plants from coal-powered plants.
  • Increasing renewable power.

EPA applied each of these building blocks to all of the coal and natural gas power plants in each region to produce regional emission performance rates. EPA then applied equitable carbon dioxide emission performance rates to all affected electricity generating sources in each state to produce individual state goals.

State goals vary and are all unique, but by 2030, all state targets fall in a range of 771 lbs./MWh (pounds of carbon dioxide per megawatt-hour of electricity generated) to 1,305 lbs./MWh. See state-specific goals

Vermont and Washington, D.C., will not be subject to the rules, as they do not have any large fossil-fuel powered plants. Also, according to EPA, more information is needed on the best system of emission reductions for Alaska and Hawaii because of their unique grid situations, so as of yet those two states are not subject to the Clean Power Plan requirements.  We can expect specific goals for Alaska and Hawaii in the near future.

Total Emissions Map

 

 

State Compliance Plans

To demonstrate how a state plans to comply with its goal, all states, except as noted above, were expected to submit a final compliance plan, or an initial plan with a two-year extension request, by Sept. 6, 2016.

On Oct. 23, 2015, EPA released a memo to regional air directors providing assistance and information to states interested in seeking an extension. The memo details all the requirements needed to be granted an extension. To be granted an extension, a state must provide: a final plan approach or approaches under consideration, including a description of progress; an explanation for why the state needs more time; and a demonstration of how the state will be engaging with the public and vulnerable communities during the additional time.

A state’s plan must demonstrate how it will advance toward interim emission reduction goals and accomplish final goals by 2030. For the period of 2022 to 2030, EPA separated interim emission goals into two-year “step” periods (2022-24, 2025-27 and 2028-29) in which the state must meet specific goals for that period. States may set their own step goals if they provide an explanation on how they will meet each goal, although such steps must align with an EPA-set average interim emissions rate.

Additionally, a state’s plan can express its goal as a rate-based standard (pounds of carbon dioxide per megawatt-hour of electricity generated) or convert the goal to a mass-based standard (tons of carbon dioxide emission per year), which would enable a trading program or carbon tax mechanism.

Federal Implementation Plan

If a state fails to submit a plan or if EPA determines the state plan is insufficient, the state will be subject to a Federal Implementation Plan (FIP) imposed by the EPA within two years of noncompliance.  Though a final FIP has not been issued, EPA proposed two different plans on Aug. 3. One would assign a cap on emissions and allow for the trading of emission credits and the other would require a state to meet an average emissions rate across its power generation units. Within each proposed plan a state could approach it through rate-based measures or mass-based measures. EPA plans to hold a period of public comments and public outreach meetings and then determine which option is best by the summer of 2016.

Clean Energy Incentive Program

As part of the final rule, EPA introduced the Clean Energy Incentive Program (CEIP), a voluntary program that will provide participating states with emission rate credits (up to the equivalent of 300 million short tons of carbon dioxide emissions) for reductions made in 2020-21 due to  investments in renewable energy or energy efficiency measures. These credits can be used to offset targets during the 2022-30 steps. Specifically, wind or solar projects will receive 1 credit for 1 megawatt hour (MWh) of generation whereas energy efficiency projects implemented in low-income communities will receive 2 credits for 1 MWh.

U.S. Congressional Action

Efforts are currently underway in both the U.S. House and U.S. Senate to either delay implementation of EPA's final rule or allow states to forgo submitting an implementation plan without negative consequence, such as a forced federal plan. The U.S. House of Representatives, passed the Ratepayer Protection Act of 2015 (H.R. 2042), sponsored by Representative Ed Whitfield (R-Ky.), which would delay implementation of the rule until all legal challenges against the rule have been decided. The bill would also exempt states that demonstrate how the rule would threaten electricity reliability in the state or negatively affect ratepayers. In the Senate, the Environment and Public Works Committee passed a similar bill, the Affordable Reliable Electricity Now Act of 2015 (S. 1324), introduced by Senator Shelly Moore Capito (R-W.V.). Based on the president’s support of the Clean Power Plan, it is likely that either bill would have to overcome a presidential veto.  

Additionally, both the House and Senate EPA-Interior Appropriations bills for FY 2016 contain provisions that would prohibit EPA from using any appropriated funds to finalize, implement or enforce any rules or regulations related to Sections 111(b) or 111(d) of the Clean Air Act (the sections that apply to new and existing sources of carbon emissions). While the House bill was approved in early July, the Senate has yet to follow suit.

Regulatory Authority

According to the rule, the EPA is authorized to regulate greenhouse gas emissions under 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.

Legal Challenges

The CPP has emerged as a contentious issue amongst states, industry stakeholders, and environmentalists. In fact, various research shows that the Clean Power Plan is the most heavily litigated federal environmental regulation in U.S. history. Governors, attorney generals and environmental regulators in a number of states (and in certain cases in the same state) have differed on the legality of regulations and whether to engage in legal action.

To date, 29 states and state agencies are in legal opposition to the rule, while 18 states and Washington, D.C. have filed motions in support. Five states have not taken a legal position. Industry groups and environmentalists have joined with states in consolidated motions in both opposition and support.

On Feb. 9, the U.S. Supreme Court granted a stay halting implementation of the CPP until the U.S. Court of Appeals for the D.C. Circuit rules on the CPP's legality. The stay means that, for now, the requirements for states to submit a compliance plan or request for an extension by Sept. 6, 2016 is on hold until a final judicial decision by either the Court of Appeals or the Supreme Court. At issue is whether or not EPA has authority under the Clean Air Act to regulate carbon dioxide emissions from power plants. 

Under an expedited schedule set by the Court of Appeals, parties must file all briefs by April 15, 2016 and oral arguments were set begin on June 2. On May 16, the Court of Appeals announced a short order stating the case will now be heard en banc (before the Court's 11 active judges) on Sept. 27, 2016.

state legal reactions map

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).

All 50 state legislatures convened in 2015, and many weighed possible responses. For example, several states enacted legislation requiring legislative review of state plans, as agencies in other states may not involve 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 worked to determine their role and many more will continue to do so during the 2016 legislative session. Those options include approving a final state plan, barring state implementation until legal challenges are resolved, or enacting legislation to address compliance. In addition, many state legislatures and agencies’ are still determining the impacts of the final rule and what specific impacts the regulations will have on reliability, state economies and consumers.

2016 State Action

Legislatures continue to debate options for planning, compliance and litigation in the 2016 legislative sessions, with at least 45 bills introduced in 17 states this session in addition to bills in 10 states carried over from 2015 sessions.

With the U.S. Supreme Court’s stay of the Clean Power Plan in February 2016, the future of pending state legislation is currently unclear.

Note: All legislation discussed below specifically mentions the Clean Power Plan. Multiple states have debated legislation concerning the adoption of new administrative regulations, departmental appropriations or emissions reduction requirements, however only legislation that specifically names the Clean Power Plan is reviewed in this document.

Bills

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Legislatures in 27 states are considering at least 56 bills introduced in 2016 or carried over from 2015. Legislation introduced in the 2016 session addressed themes that were similar to recent years. Bills in a number of states would require legislative approval of state compliance plans, prevent state plan development until legal proceedings are complete or require the development of impact reports. Additionally, bills introduced in several states direct the state to request a two year extension for plan submission from EPA. Legislation has been enacted in Wyoming that prohibits the state Department of Environmental Quality from using public funds to develop a state plan.

Bills introduced in Alabama, Georgia and Missouri would initiate the process for an interstate compact and a Kentucky bill would establish the state as a sanctuary from federal regulation of new fossil fuel-fired power plants. A bill in Colorado would establish a fund to protect against ratepayer bill increases while a bill in Missouri would require compliance costs to be listed as a separate line item on customer bills. A Washington bill would encourage nuclear energy to be developed to the maximum extent feasible as a compliance option. Bills in several states would suspend all state planning and compliance activity until the Supreme Court’s stay is lifted.

Legislation has been enacted in Kansas, West Virginia and Wyoming.

Resolutions

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At least five states have introduced seven resolutions on the Clean Power Plan. Resolutions in Arizona and Missouri comment on overreach of the federal government and encourage leadership in states to proceed with legal challenges against the Clean Power Plan. A Pennsylvania resolution would require the development of an impact report and require the state to request a two year extension from EPA. A Vermont resolution would encourage all states to continue compliance planning efforts. Resolutions have been adopted in Arizona and South Dakota.

The box allows you to conduct a full text search or use the dropdown menu option to select a state.

Note: All legislation discussed below specifically mentions the Clean Power Plan. Multiple states have debated legislation concerning the adoption of new administrative regulations, departmental appropriations or emissions reduction requirements, however only legislation that specifically names the Clean Power Plan is reviewed in this document.

 
TABLE 1: ENACTED STATE BILLS AS OF APRIL 18, 2016
STATE BILL SUMMARY
Kansas Senate Bill 318 (Enacted) Among other actions, authorizes the secretary of the Department of Health and the Environment to develop a state plan that may include separate standards of performance for individual generating units, alternative schedules or standards, or requirements that do not lead to fuel-switching, co-firing or limiting the use of a particular unit. Affirms components of House Bill 2233 (see 2015 State Action), including legislative approval by the Clean Power Plan Implementation Study Committee. Prohibits the submission of a state plan if the plan would adversely impact the state’s legal position in pending litigation. Per the Supreme Court’s stay, suspends all state activity in this area.
West Virginia Senate Bill 691 (Enacted) Revises statutes to allow that a state plan "may" be based on unit-specific performance standards, not requiring it to be so. Clarifies that the state may adopt a mass-based or rate-based state plan.
Wyoming Senate File 1 (Enacted)

As a provision in the state budget, prohibits the Department of Environmental Quality from using state funds to develop a state plan while the Supreme Court's stay remains effective. Provides an exception for attending meetings and remaining informed.

 

TABLE 2: ACTIVE STATE BILLS AS OF APRIL 18, 2016
STATE BILL SUMMARY
Alabama House Bill 329 (Pending) Establishes an interstate power compact to protect state sovereignty in the prevention and control of state air pollution. Pledges that states will not submit state plans that are beyond what is technically achievable in current power plants or until litigation is complete. Prohibits EPA from enforcing a Federal Implementation Plan once the compact has been adopted by states and Congress.

Alaska

House Bill 138 (Pending- 2015 Carryover)

Establishes that the Department of Environmental Conservation is to develop a state plan. Requires the department to develop an impact report. Requires the department to submit a copy of the proposed state plan and the impact report to the legislature. Requires legislative approval of a state plan.

Alaska

Senate Bill 57 (Pending- 2015 Carryover)

Requires the Department of Environmental Conservation to seek a waiver or exemption from EPA’s regulations, before developing a state plan. Requires the department to determine certain factors before submitting a state plan. Requires the department to develop an impact report. Requires the department to submit a state plan and the impact report to the legislature.

Colorado

Senate Bill 46 (Failed)

Directs the Air Quality Control Commission to conduct public hearings, seek a two-year extension from EPA, consider specific factors in developing a state plan and submit a report prepared with the Public Utilities Commission to the legislature. Requires legislative approval of a state plan through a joint resolution. Extends legislative review requirements of certain Clean Air Act State Implementation Plans to include the Clean Power Plan.

Colorado

Senate Bill 61 (Pending)

Directs the Public Utility Commission to develop a ratepayer protection program that is funded through the stationary sources control fund. Clean Power Plan compliance costs would be paid for by the fund rather than by ratepayers.

  Senate Bill 157 (Pending)

Requires the Department of Public Health and the Environment to suspend all activities related to the implementation of the Clean Power Plan until the Supreme Court's stay is listed and new deadlines for the submission of a state plan have been established. Includes a state plan in the existing process for legislative review of state implementation plans.

Florida

House Bill 639 (Failed)

Directs the Legislature to establish and direct the state's energy policy to best protect the standard of living of its citizens and to ensure that state agencies and instrumentalities of the state remain accountable to state interests. Prohibits the state from submitting a compliance plan unless Congress enacts legislation limiting power plant carbon dioxide emissions or a federal court upholds the regulations. Allows the Department of Environmental Protection to request for a two-year extension from EPA.

Florida

Senate Bill 838 (Failed)

Directs the Legislature to establish and direct the state's energy policy to best protect the standard of living of its citizens and to ensure that state agencies and instrumentalities of the state remain accountable to state interests. Prohibits the state from submitting a compliance plan unless Congress enacts legislation limiting power plant carbon dioxide emissions or a federal court upholds the regulations.

Georgia

Senate Bill 311 (Failed)

Establishes an interstate power compact to protect state sovereignty and electricity consumers from rate increases associated with the Clean Power Plan. Pledges that states will not submit state plans that are beyond what is technically achievable in current power plants. Prohibits EPA from enforcing a Federal Implementation Plan once the compact has been adopted by states and Congress.

Illinois

House Bill 2607 (Pending- 2015 Carryover); Senate Bill 1485 (Pending- 2015 Carryover)

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.

Illinois

House Bill 3293 (Pending- 2015 Carryover)

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.

Indiana

Senate Bill 208 (Pending)

Establishes a Clean Power Plan committee and provide details on committee membership. Requires the Department of Environmental Managements and the Utility Regulatory Commission to hold public hearings and collect public input. Requires these entities to submit a state plan or request for extension to the committee by July 2016. Authorizes the committee to review and adopt a state plan before it is submitted to the legislature for adoption through a resolution. Provides exceptions for legislative approval.

Kansas

House Bill 2414 (Pending- 2015 Carryover)

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.

Kansas

Senate Bill 151 (Pending- 2015 Carryover)

Authorizes the secretary of the Department 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.

Kansas

Senate Bill 417 (Pending)

Includes provisions for an initial submittal and request for extension by EPA, including public input and information gathering. Includes factors to be considered by the secretary in an initial submittal. Prohibits the state from participating in an organized carbon emissions trading market without legislative approval.

Kentucky

House Bill 104 (Pending)

Prohibits the Energy and Environment Cabinet from developing or enforcing a state or federal plan without legislative approval or Congressional designation of carbon dioxide as a criteria pollutant under the Clean Air Act. Declares the state a sanctuary state from the regulatory authority of the EPA for new source performance standards.

  House Bill 461 (Pending) If the state adopts an allowance-based emissions reduction strategy, authorizes the Energy and Environment Cabinet to allocate 10 percent of allowances to counties with coal-fired power plants that were retired before 2026 as a result of the Clean Power Plan. The emissions allowances granted to a county should be equal to the retired plant's contributions to the state's total carbon dioxide emissions in the year preceding the retirement. If a utility's allowances equal their emissions, the utility must return 50 percent of its emission allowances to ratepayers.

Michigan

Senate Bill 439 (Pending- 2015 Carryover)

Requires the Department of Natural Resources or the Governor to submit the state plan to the legislature and allow for a designated period of time to pass before submission of a state plan to EPA.

Michigan

Senate Bill 465 (Pending- 2015 Carryover)

Requires the Department of Natural Resources or the Governor to submit the state plan and an impact report to the legislature and allow for a designated period of time to pass before submission of a state plan to EPA. Requires that there be no pending litigation by the state against EPA on the Clean Power Plan and all possible litigation has been completed.

Minnesota

House File 333 (Pending- 2015 Carryover); Senate File 231 (Pending- 2015 Carryover)

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

Minnesota

House File 639 (Pending- 2015 Carryover); Senate File 725 (Pending- 2015 Carryover)

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.

 

House File 2817 (Pending); Senate File 2972 (Pending)

Determines emission allowance allocations for Clean Power Plan compliance by establishing a 10 percent set-aside for statutory and home rule charter cities and towns with shuttered coal-fired generation that meet certain circumstances.
  Senate File 3191 (Pending) Requires legislative approval of a state plan before its submission to EPA.
Mississippi Senate Bill 2670 (Failed) Requires the Department of Environmental Quality to develop an impact report prior to any state plan preparation. Requires the report to be publically available; requires the department to solicit input on the report from the legislature and the public. Requires the department to develop a report on public input and comments.

Missouri

House Bill 1470 (Pending)

Establishes an interstate power compact to protect state sovereignty in the prevention and control of state air pollution. Pledges that states will not submit state plans that are beyond what is technically achievable in current power plants. Prohibits EPA from enforcing a Federal Implementation Plan once the compact has been adopted by states and Congress.

Missouri

House Bill 1967 (Pending); Senate Bill 687 (Pending)

Requires electrical corporations to track costs incurred through complying with the Clean Power Plan (existing generating units only) and itemize such costs as a line-item on customer bills beginning in January 2017.

  House Bill 2514 (Pending) Prohibits the Department of Natural Resources from submitting a state plan to EPA. Authorizes the Public Service Commission to request a two-year extension for a state plan.
  House Bill 2543 (Pending) Requires the Department of Natural Resources to suspend all activity related to the Clean Power Plan until litigation is complete and the General Assembly has approved resumption of activity.

Missouri

Senate Bill 796 (Pending)

Requires the Department of Natural Resources to complete an initial submittal of a state plan along with a request for extension to EPA before June 30, 2016.

Missouri

Senate Bill 858 (Pending)

Requires the Department of Natural Resources to complete an initial submittal of a state plan along with a request for extension to EPA before June 6, 2016.

New Hampshire

House Bill 1659 (Failed)

Prohibits the Department of Environmental Services from expending funds to develop or implement a state plan under the Clean Air Act until the rule has been declared constitutional. Requires the commissioner of the department to contract with an independent entity to review any state plan to determine the economic effect on the state.

North Carolina

House Bill 571 (Pending- 2015 Carryover)

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.

Ohio

House Bill 349 (Pending- 2015 Carryover)

Requires the state Environmental Protection Agency to submit a state plan after completing certain actions, such as holding public hearings and considering least-cost approaches. Requires legislative approval of a state plan by a resolution, provides for exceptions.

  House Bill 541 (Pending) Prohibits any state agency from taking action to implement the Clean Power Plan.
  Senate Bill 320 (Pending) Requires specific statutory authority for compliance actions on the Clean Power Plan, including specific authority for the state Environmental Protection Agency to develop a state plan and for participation in any trading or allowance programs.

Oklahoma

Senate Bill 1379 (Pending)

Prohibits the Department of Environmental Quality and the Board of Environmental Quality from developing or adopting a state plan, without authorization by the attorney general or a court, in addition to the governor.

Pennsylvania

House Bill 1327 (Vetoed)

Modifies legislation enacted in the 2014 legislative session (see 2014 State Action in Table of Contents) to revise the timelines and process for legislative approval of a state plan before submission to EPA. Extends the time period for the legislature to review a state plan.

  Senate Bill 1195 (Pending) Modifies legislation enacted in the 2014 legislative session (see 2014 State Action in Table of Contents) to revise and clarify timelines for legislative review and approval of a state plan before submission to EPA.

South Carolina

House Bill 3707 (Pending- 2015 Carryover)

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.

Tennessee

House Bill 868 (Pending- 2015 Carryover)

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.

Virginia

House Bill 2 (Vetoed)

Requires the Department of Environmental Quality to work with the state Corporation Commission to develop an impact report in conjunction with a state plan. Requires legislative approval of a state plan through a resolution.

  House Bill 30 (Pending) As a portion of the budget bill, would prohibit the Department of Environmental Quality from expending funds to prepare or submit a state plan until the stay is lifted.

Virginia

Senate Bill 21 (Vetoed)

Requires the Department of Environmental Quality to work with the state Corporation Commission to develop an impact report in conjunction with a state plan. Requires legislative approval of a state plan through a resolution.

  Senate Bill 30 (Failed) As a portion of the budget bill, would appropriate general funds for contractual costs associated with Senate Bill 21 (vetoed).

Virginia

Senate Bill 482 (Failed)

Requires the Department of Environmental Quality to work with the state Corporation Commission to develop an impact report in conjunction with a state plan. Requires legislative approval of a state plan through a resolution.

Washington

House Bill 2506 (Pending)

Finds it is in the public interest for the Department of Ecology to file an initial state plan submittal with a request for a two year extension. Establishes requirements for a state plan, including flexibility, multistate participation, and allowance or credit distribution, as well as requiring a mass-based initial compliance path. Requires the department to develop an impact report.

Washington

Senate Bill 6173 (Failed)

Prohibits the Department of Ecology from adopting a rule or policy establishing a statewide limit, cap or standard to control the amount of greenhouse gas emissions occurring during a period of time.

Washington

Senate Bill 6217 (Failed)

Requires a state plan to include the use of new or uprated nuclear generation to the maximum extent allowable, including small modular reactors.

 

 

TABLE 3: ENACTED STATE RESOLUTIONS AS OF APRIL 18, 2016

State

Resolution

Summary

Arizona Senate Concurrent Memorial 1015 (Pending) Urges Congress to adopt the Stopping EPA Overreach Act as the agency has exceed its authority.
  Senate Concurrent Memorial 1016 (Pending) Urges Congress to oppose the Clean Power Plan on the grounds of EPA exceeding its legal authority, its effect on affordable and reliable electricity in the state and the primacy of states in this area. Urges the governor and the attorney general to take appropriate actions to uphold this state's responsibilities with respect to the Clean Air Act and defend this state against overreaching regulations.

South Dakota

House Concurrent Resolution 1005 (Adopted)

Urges the federal government to refrain from enacting regulations that threaten the reliability and affordability of electric power. Opposes EPA's standards for new and existing coal-fired generating units. Urges the federal government to work with the state in designing and implementing regulatory programs based on science that recognize the status of existing technology and timelines and benefit businesses and consumers in the state.

Vermont House Resolution 22 (Adopted) Urges the governors of the 19 states that have suspended Clean Power Plan state implementation planning to continue the compliance process.

 

 

TABLE 4: INTRODUCED STATE RESOLUTIONS AS OF APRIL 18, 2016

State

Resolution

Summary

Missouri

House Concurrent Resolution 69 (Pending)

Encourages the attorney general to take all necessary legal actions regarding EPA's final Clean Power Plan to prevent unlawful obligations being imposed on the states, electricity providers, businesses and citizens including requesting a two-year extension, not submitting a state plan or submitting a feasible state plan that may not conforms to EPA's requirements.

Pennsylvania

Senate Resolution 277 (Pending)

Urges the Department of Environmental Protection to request a two-year extension for submitting a plan to comply with the Clean Power Plan. Directs the Legislative Budget and Finance Committee to conduct a cost compliance study prior to submission of the final implementation plan to the EPA.

Vermont House Joint Resolution 25 (Pending)

Urges the governors of the 19 states that have suspended Clean Power Plan state implementation planning to continue the compliance process.

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