Bill Text: AZ SCM1016 | 2016 | Fifty-second Legislature 2nd Regular | Enrolled
Bill Title: Rulemaking; electric generating units; opposition
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-04-05 - Transmitted to Secretary Of State [SCM1016 Detail]
Download: Arizona-2016-SCM1016-Enrolled.html
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Senate Engrossed |
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State of Arizona Senate Fifty-second Legislature Second Regular Session 2016
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SENATE CONCURRENT MEMORIAL 1016 |
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A CONCURRENT MEMORIAL
Urging the United States Congress to oppose the implementation of certain rules for existing electric utility generating units.
(TEXT OF BILL BEGINS ON NEXT PAGE)
To the Congress of the United States of America:
Your memorialist respectfully represents:
Whereas, the Clean Air Act (CAA) is a federal law designed to protect air quality nationwide; and
Whereas, jurisdiction to implement the CAA lies primarily with the states; and
Whereas, in 1970, Congress enacted the CAA, mandating comprehensive state and federal regulations for both stationary and nonstationary sources of pollution; and
Whereas, while Americans support efforts to improve air quality, such efforts should be carefully balanced to ensure that the cost of new regulations on the economy do not exceed potential benefits; and
Whereas, on October 23, 2015, the United States Environmental Protection Agency (EPA) published final rules in the Federal Register regulating greenhouse gas emissions from existing electric utility generating units, also known as the Clean Power Plan; and
Whereas, the EPA has issued a proposed federal plan that will be imposed on existing electric utility generating units in the State of Arizona if the State of Arizona does not adopt its own plan implementing the Clean Power Plan regulating greenhouse gas emissions; and
Whereas, the EPA's Clean Power Plan exceeds the agency's legal authority to require reductions in carbon dioxide emissions from existing fossil fuel‑fired electric generating units under Section 111(d) of the CAA and interferes with the electric system of Arizona; and
Whereas, addressing greenhouse gas emissions under Section 111(d) is a discretionary duty of the EPA as outlined in the CAA; and
Whereas, devoting resources to discretionary duties like regulating greenhouse gas emissions takes resources away from nondiscretionary duties that are better suited to protect the public health and safety in the near term; and
Whereas, it is important to Arizona's economy to have a diverse energy portfolio that provides reliable and affordable electric service to Arizona residents and businesses while also protecting the public health and safety; and
Whereas, fossil fuels, including coal and natural gas, provide an abundant and affordable domestic energy source that is important to Arizona's economy and enhance the availability and reliability of electric service; and
Whereas, the EPA's final Clean Power Plan impedes the ability of this state to oversee its own electricity supply and transmission system; and
Whereas, the EPA's Clean Power Plan will have adverse impacts on the customs, culture, history, heritage and economies of this state and local communities.
Wherefore your memorialist, the Senate of the State of Arizona, the House of Representatives concurring, prays:
1. That the United States Congress oppose the implementation of rules for existing electric utility generating units that exceed the EPA's legal authority under Section 111(d) of the CAA and interfere with the prerogative of Arizona to regulate electricity and ensure an affordable and reliable supply of electricity for its citizens.
2. That the United States Congress oppose the implementation of rules for existing electric utility generating units that do not recognize the primary role of states in establishing and implementing plans to achieve emissions reductions for existing units under Section 111(d) of the CAA.
3. That the United States Congress exercise oversight over the EPA to ensure that the primary role of states in establishing and implementing plans to achieve emissions reductions from existing electric utility generating units under Section 111(d) of the CAA is respected.
4. That the Governor and the Attorney General of the State of Arizona take appropriate actions to uphold this state's responsibilities with respect to the CAA and defend this state against overreaching regulations.
5. That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, each Member of Congress from the State of Arizona, the Administrator of the United States Environmental Protection Agency, the Governor of the State of Arizona and the Attorney General of the State of Arizona.
PASSED BY THE HOUSE APRIL 4, 2016.
PASSED BY THE SENATE FEBRUARY 18, 2016.
FILED IN THE OFFICE OF THE SECRETARY OF STATE APRIL 5, 2016.
