Senate amendment makes the following changes to the 2nd edition.
Amends the act's short and long titles.
Deletes all of the provisions of the previous edition and replaces it with the following.
Sets out five definitions applicable to this act for Coal-Fired Steam Emission Generating Unit, EPA, EPA Clean Power Plan, Heat Rate and State Plan.
Prohibits State agencies, boards, or commissions from adopting rules, expending funds, or taking any other action to (1) develop a State Plan, (2) implement the EPA Clean Power Plan, or (3) adopt a carbon dioxide emission reduction plan.
Directs the Department of Environment and Natural Resources (DENR), in consultation with the Environmental Management Commission, the Utilities Commission, and the Utilities Commission Public Staff to develop and submit a State Plan which only requires criteria to improve heat rates at affected Coal-Fired Steam Emission Generating Units. Provides that heat rate improvements can only be required if they are technically achievable and cost-effective. Directs DENR and the commissions to adopt rules as necessary for the development of the State Plan. Provides that the rules adopted above are subject to legislative review during the next regular session of the General Assembly that begins after the Rules Review Commission has approved the rules or during the session that is underway. Allows any member of the General Assembly to introduce legislation to disapprove any such rule adopted and approved by the Rules Review Commission. Specifies timelines for the introduction of such legislation.
Sets out procedures for determining when adopted rules become effective.
Requires the Rules Review Commission to review permanent rules adopted by this act submitted to it by the end of the next month after which they were submitted.
Exempts adopted rules from the requirement that they must be certified by the Office of State Budget and Management (OSBM) or any requirements concerning preliminary review by the OSBM.
Requires the Secretary of DENR to bring action in federal court to challenge the EPA Clean Power Plan if it is inconsistent with or contrary to the federal Clean Air Act or other applicable federal law.
Summary date: Aug 5 2015 - View summary
Summary date: Jul 22 2015 - View summary
Senate committee substitute to the 1st edition makes the following changes.
Deletes the provision requiring the Department of Environment and Natural Resources to develop a State Plan for compliance with the EPA Clean Power Plan, and the related reporting requirement.
Adds a provision prohibiting state agencies, boards, or commissions from adopting rules, expending funds, or taking any other action to develop a State Plan or implement the EPA Clean Power Plan until the later of: (1) a federal judicial review of the EPA Clean Power Plan has been resolved or (2) July 1, 2016.
Changes both of the act's titles.
Summary date: Apr 6 2015 - View summary
Requires the Department of Environment and Natural Resources (DENR) to develop a State Plan for compliance with the Environmental Protection Agency (EPA) Clean Power Plan in compliance with the requirements of the Environmental Protection Agency's regulation of carbon dioxide emissions for existing stationary sources. Specifies 11 actions that must be taken in developing the State Plan, including establishing a State Plan Advisory Board to assist in developing the State Plan, holding at least three public hearings no later than February 1, 2016, and prioritizing the components of the State Plan based on a least-cost compliance approach to benefit the state's retail electric power customers. Requires an interim report on the State Plan to the Environmental Review Commission by October 1, 2015, and January 1, 2016. Requires DENR to provide a final report to the Environmental Review Commission by April 1, 2016. Provides that the State Plan has no legal effect if the EPA fails to issue or withdraws the EPA Clean Power Plan or a court invalidates the EPA Clean Power Plan.