Bill Text: AZ SB1007 | 2015 | Fifty-second Legislature 1st Regular | Chaptered
Bill Title: State plans; carbon dioxide emissions
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2015-03-30 - Chapter 78 [SB1007 Detail]
Download: Arizona-2015-SB1007-Chaptered.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature First Regular Session 2015
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CHAPTER 78
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SENATE BILL 1007 |
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AN ACT
amending title 41, chapter 7, Arizona Revised Statutes, by adding article 12; amending title 49, chapter 3, article 2, Arizona Revised Statutes, by adding section 49-459; relating to carbon dioxide emissions.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 41, chapter 7, Arizona Revised Statutes, is amended by adding article 12, to read:
ARTICLE 12. JOINT LEGISLATIVE COMMITTEES
41-1291. Joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants; committee termination
A. The joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants is established and consists of the following members:
1. The chairperson of the senate committee on water and energy or its successor committee.
2. The chairperson of the house of representatives committee on energy, environment and natural resources or its successor committee.
3. Two members of the senate who are appointed by the president of the senate and who are members of different political parties.
4. Two members of the house of representatives who are appointed by the speaker of the house of representatives and who are members of different political parties.
B. The chairperson of the senate committee on water and energy or its successor committee and the chairperson of the house of representatives committee on energy, environment and natural resources or its successor committee shall serve as cochairpersons.
C. The committee shall meet as often as the members deem necessary, and a majority of the members constitutes a quorum for the transaction of business.
D. The committee established by this section ends on July 1, 2018 pursuant to section 41-3103.
41-1291.01. Powers and duties; review; staff
A. Within sixty days after the director of environmental quality transmits a proposed state plan to the committee pursuant to section 49-459, the joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants shall review the proposed state plan developed pursuant to section 49-459 in compliance with rules adopted by the administrator of the environmental protection agency under section 111(d) of the clean air act as defined in section 49-401.01.
B. The committee may meet before receiving the proposed state plan for the purpose of obtaining information regarding the development of the state plan and shall meet to develop factors that may be considered by the committee in reviewing the plan. The factors shall include consideration of the following:
1. The security of the electrical power grid in this state and in this region.
2. The availability of natural gas and access to natural gas infrastructure in this state.
3. The effects of improved technologies and efficiencies in power generation for this state.
4. The effects of exempting existing electric generating plants from further measures.
5. The role of stranded costs in the operation of existing or new electric generating plants.
6. The effects on local economies and the economy of this state, including impacts on new and existing jobs, housing affordability and income and employment levels.
7. The impact on this state's ability to attract capital investment and new businesses and to develop and expand existing businesses.
8. The relative costs and benefits of the plan.
9. The unique challenges faced by small utilities and electrical cooperative associations.
10. The effects on local ratepayers, including ratepayers in electrical cooperative associations.
11. The effects on the customs, culture, history and heritage of this state and its communities.
12. Any other factors the committee deems appropriate.
C. On receipt of the proposed state plan, the committee shall review the plan based on the factors it has developed, take public comment, and consider whether submission of the plan to the administrator, as defined in section 49-401.01, is in the public interest. For the purposes of this subsection, the review shall include adoption of comments by the committee by a vote of a majority of a quorum of the members.
D. The committee has the powers conferred by law on legislative committees.
E. The legislature shall provide staff assistance to the committee as directed by the president of the senate and the speaker of the house of representatives.
Sec. 2. Title 49, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 49-459, to read:
49-459. State plan; carbon emissions from power plants
A. The director, in consultation with the corporation commission, the governing bodies of affected public power entities as defined in section 30‑801, electric utilities regulated by the corporation commission and independently owned electric generating units shall develop, adopt and enforce a state plan to regulate the emissions of carbon dioxide from existing electric generation units in compliance with rules adopted by the administrator under section 111(d) of the clean air act.
B. On or before the last day of each calendar quarter after the effective date of this section and until submission of a complete state plan pursuant to subsection F of this section, the director shall transmit a report on actions as prescribed in subsection a of this section to the joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants.
C. The director may participate in one or more full or partial multijurisdictional plans or agreements, including plans or agreements with Indian tribes, for the purposes of complying with this section.
D. Not less than ninety days before submitting a complete state plan adopted pursuant to subsection A of this section to the administrator, the director shall transmit the proposed state plan to the joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants for review pursuant to section 41-1291.01. The committee may review the proposed state plan concurrently with any public review required for the plan.
E. The director may not transmit a state plan to the joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants until the administrator adopts rules under section 111(d) of the clean air act.
F. After review and comment by the joint legislative review committee or if the committee fails to act in a timely manner pursuant to section 41‑1291.01, the director may submit a state plan to the administrator for approval.
G. The director may adopt rules to implement subsection A of this section. Any rulemaking conducted pursuant to this section is exempt from the requirement under sections 41-1024 and 41-1052 to submit the rule to the governor's regulatory review council for approval. Before filing a final rule with the secretary of state, the director shall provide the joint legislative review committee on state plans relating to carbon dioxide emissions from existing power plants notice of any rules proposed pursuant to this section at the same time that a notice of proposed rulemaking is submitted to the secretary of state for publication in the administrative register.
H. Submission of a state plan does not impair the ability of any affected state entity to challenge the lawfulness of the federal regulation of carbon dioxide emissions from existing electric generating units and does not constitute a waiver of any claims.
APPROVED BY THE GOVERNOR MARCH 30, 2015.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 31, 2015.
