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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.

Legislatures in 27 states are considering at least 56 bills introduced in or carried over from Legislation introduced in the 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.


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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.

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A Washington bill would encourage nuclear energy to be developed to the maximum extent feasible as a compliance option. 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. 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. Establishes that the Department of Environmental Conservation is to develop a state plan.

Climate Change Policy and Greenhouse Gas Regulation

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. Requires the department to determine certain factors before submitting a state plan. Requires the department to submit a state plan and the impact report to the legislature. 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. 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. 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.

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. 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. Directs the Planning and Procurement Bureau to establish a long-term renewable resources procurement plan. Includes provisions to encourage increased use of energy efficiency.

EPA GHG Regulations and their Effect on Jobs

Authorizes the Illinois Environmental Protection Agency to develop a market-based or cap and invest program upon the release of a final federal rule. 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 Authorizes the committee to review and adopt a state plan before it is submitted to the legislature for adoption through a resolution.


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  5. Provides exceptions for legislative approval. 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. Requires statutory authority for the state to participate in an organized carbon trading market.

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    Before developing a state plan, the secretary must hold a joint hearing with the state Corporation Commission and conduct a joint investigation. 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. 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. 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.

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

    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. Establishes an interstate power compact to protect state sovereignty in the prevention and control of state air pollution. 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 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, 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, 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. 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.

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    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. 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.

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    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. Modifies legislation enacted in the legislative session see 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. 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.