Bill Text: GA SB9 | 2011-2012 | Regular Session | Engrossed
Bill Title: Georgia Energy Freedom Act; cap and trade system; permit Governor to delay implementation; comprehensive assessment
Spectrum: Partisan Bill (Republican 6-0)
Status: (Engrossed - Dead) 2011-03-10 - House Second Readers [SB9 Detail]
Download: Georgia-2011-SB9-Engrossed.html
11 LC
25 5802S (SCS)
Senate
Bill 9
By:
Senators Seabaugh of the 28th, Heath of the 31st, Loudermilk of the 52nd, Bethel
of the 54th, Jeffares of the 17th 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 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
2011."
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 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 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, 2011.
SECTION
5.
All
laws and parts of laws in conflict with this Act are repealed.
