Bill Text: MO HB1038 | 2013 | Regular Session | Introduced
Bill Title: Establishes the Energy Compact to return authority for energy regulation to the states
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-04-24 - Public Hearing Scheduled, Bill not Heard (H) [HB1038 Detail]
Download: Missouri-2013-HB1038-Introduced.html
FIRST REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES BURLISON (Sponsor) AND FUNDERBURK (Co-sponsor).
1828L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To amend chapter 18, RSMo, by adding thereto one new section relating to the energy compact.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 18, RSMo, is amended by adding thereto one new section, to be known as section 18.100, to read as follows:
18.100. The Energy Compact is enacted into law and entered into by the state as a party, and is of full force and effect between the state and any other states joining therein in accordance with the terms of the Compact, which such Compact is as follows:
Section 1. Definitions. As used in this compact, unless the context clearly indicates otherwise:
"Commission" means the Interstate Advisory Energy Commission.
"Energy" means the exploration, development, production, distribution, and consumption of hydrocarbon and alternative energy resources, including without limitation coal, oil, natural gas, geothermal, nuclear, wind, solar, electricity, and any other means of generating or storing energy for current or future use by individuals, private organizations, or government.
"Member State" means a State that is signatory to this compact and has adopted it under the laws of that state.
Section 2. Pledge. The Member States shall take joint and separate action to secure the consent of the United States Congress to this Compact in order to return the authority for Energy regulation to the Member States consistent with the goals and principles articulated in this Compact. The Member States shall improve Energy regulation within their respective jurisdictions and according to the judgment and discretion of each Member State.
Section 3. Legislative Power. The Legislatures of the Member States have the primary responsibility of Energy regulation in their respective States.
Section 4. State Control.
(a) Subject to section 4(b) of this Compact, each Member State, within its State, may suspend by legislation the operation of all federal laws, rules, regulations, and orders concerning or affecting Energy. Federal and state laws, rules, regulations, and orders concerning Energy will remain in effect unless a Member State expressly suspends them pursuant to its authority under this Compact.
(b) No Member States may suspend, under the authority granted under 4(a) above, any provision of the Federal Clean Air Act, or any other Federal law that regulates air quality within that Member State, but a Member State may suspend by legislation the operation of any Federal agency rule adopted under the Federal Clean Air Act, or under any other Federal statute that regulates air quality within that Member State, and such suspension shall be effective until Congress shall by a joint resolution approve such Federal agency rule, pursuant to a Federal law providing for congressional approval of major Federal agency actions, whereupon the Federal agency rule shall be in effect within every Member State as if part of the Federal Clean Air Act.
Section 5. Interstate Advisory Energy Commission.
(a) The Interstate Advisory Energy Commission is established. The Commission consists of members appointed by each Member State through a process to be determined by each Member State. A Member State may not appoint more than two members to the Commission and may withdraw membership from the Commission at any time. Each Commission member is entitled to one vote. The Commission shall not act unless a majority of the members are present and no action shall be binding unless approved by a majority of the Commission's total membership.
(b) The Commission may elect from among its membership a chairperson. The Commission may adopt and publish by laws and policies that are not inconsistent with this Compact. The Commission shall meet at least once a year and may meet more frequently.
(c) The Commission may study issues of Energy regulation that are of a particular concern to the Member States. The Commission may make non-binding recommendations to the Member States. The Legislatures of the Member States may consider these recommendations in determining the appropriate energy regulations in their respective States.
(d) The Commission shall collect information and data to assist the Member States in the regulation of Energy, including assessing of the performance of various energy regulations and compiling information on Energy regulation. The Commission shall make this information and data available to the Legislatures of the Member States.
(e) The Members States shall fund the Commission as agreed to by the Members States. The Commission shall have the responsibilities and duties as may be conferred upon it by subsequent action of the respective Legislatures of the Member States in accordance with the terms of this Compact.
(f) The Commission shall not take any action within a Member State that contravenes any state law of the Member State.
Section 6. Congressional consent. This Compact shall be effective on its adoption by at least two Member States and in addition, with respect to sections 3 and 4 of this Compact, the consent of the United States Congress. This Compact shall be effective unless the United States Congress, in consenting to this Compact, alters the fundamental purpose of this Compact, which is to secure the right of Member States to establish and maintain Energy regulations in their respective States pursuant to this Compact and to suspend the operation of any conflicting Federal laws, rules, regulations, and orders regulating Energy within their States, with the exception of Federal laws passed by Congress that regulate air quality within Member States.
Section 7. Amendments. The Member States, by unanimous agreement, may amend this Compact from time to time without the prior consent or approval of Congress and any amendment shall be effective unless, within one year, the Congress disapproves that amendment. Any State may join this Compact after the date on which Congress consents to the Compact by adoption into law under its State Constitution.
Section 8. Withdrawal; Dissolution. Any Member State may withdraw from this Compact by adopting a law to that effect, but no such withdrawal shall take effect until six months after the Governor of the withdrawing Member State has given notice of the withdrawal to the other Member States. A withdrawing State shall be liable for any obligations that it may have incurred prior to the date on which its withdrawal becomes effective. This Compact shall be dissolved upon the withdrawal of all but one of the Member States.
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