Bill Text: GA SB401 | 2009-2010 | Regular Session | Engrossed
Bill Title: Georgia Energy Freedom Act of 2010
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2010-03-26 - House Second Readers [SB401 Detail]
Download: Georgia-2009-SB401-Engrossed.html
10 SB
401/FA/1
Senate
Bill 401
By:
Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of
the 46th, Chapman of the 3rd and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating
to air pollution control, so as to permit the Governor to delay implementation
of the requirements of any federal program to implement a cap and trade system
or any other program to address greenhouse gas emissions or motor vehicle fuel
economy until a comprehensive assessment of such program can be made and the
Governor finds that the implementation will benefit the citizens of Georgia; to
provide for legislative intent and to direct the Attorney General to undertake
certain litigation under certain circumstances; to provide a short title; to
provide for related matters; to provide for an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Georgia Energy Freedom Act of
2010."
SECTION
2.
It
is the intent of the General Assembly of Georgia to ensure that any federal
program to implement a cap and trade system or any other program to address
greenhouse gas emissions or motor vehicle fuel economy that has been or may be
proposed undergo a comprehensive assessment to evaluate the fiscal and
regulatory impacts of such system or program on Georgia's budget, economy,
consumers, families, and small and large businesses as well as to determine
whether compliance with such system or program is in the best interests of
Georgia.
SECTION
3.
Chapter
9 of Title 12 of the Official Code of Georgia Annotated, relating to air
pollution control, is amended by adding a new article to read as
follows:
"ARTICLE
4.
12-9-90.
(a)
As used in this Code section, the term 'greenhouse gas' means carbon dioxide,
methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbon, and
perfluorocarbon.
(b)
The Governor, or his or her designee, is authorized to delay compliance with any
federal program to regulate greenhouse gas emissions or motor vehicle fuel
economy until such time as a comprehensive analysis of the fiscal and regulatory
impacts of the proposed program, and any legislation required to authorize the
proposed program, on this state's budget, economy, consumers, families, and
small and large businesses has been made and it is determined that participation
in such federal program is in the best interests of the citizens of this state.
This Code section shall not be interpreted as limiting the Governor's discretion
or authority to delay compliance with provisions of any federal program for any
other reason.
(c)
The General Assembly considers it a duty of the sovereign State of Georgia to
protect for the state and its people the powers reserved to them under the Tenth
Amendment. If the federal government should take or threaten any action to
penalize or otherwise act against the interests of the state and its people
because of any delay authorized under subsection (b) of this Code section, it
shall be the duty of the Attorney General to promptly and vigorously litigate in
opposition to such federal action on the basis of any applicable Tenth Amendment
grounds and on any other relevant and applicable legal
grounds."
SECTION
4.
This
Act shall become effective on July 1, 2010.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.