AN ACT TO REQUIRE STATE AGENCIES, BOARD, AND COMMISSIONS TO IMPLEMENT A CLEAN POWER PLAN CONSISTENT WITH THE FEDERAL CLEAN AIR ACT.
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.
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