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REFERENCE TITLE: electrical generating units; carbon standards |
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State of Arizona House of Representatives Fifty-first Legislature Second Regular Session 2014
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HB 2623 |
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Introduced by Representatives Pratt, Orr, Shope: Senator Melvin
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AN ACT
amending title 49, chapter 3, article 1, Arizona Revised Statutes, by adding sections 49-413.01, 49-413.02, 49-413.03 and 49-413.04; relating to air quality.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 49, chapter 3, article 1, Arizona Revised Statutes, is amended by adding sections 49-413.01, 49-413.02, 49-413.03 and 49-413.04, to read:
49-413.01. Carbon dioxide emissions standards; existing electrical generating units; rules; plan
A. The department shall ESTABLISH by rule standards of PERFORMANCE for carbon DIOXIDE emissions from existing coal-fired electrical generating units that are SEPARATE from standards of performance for carbon DIOXIDE emissions from existing natural gas-fired electrical generating plants.
B. The department may implement the standards of performance ESTABLISHED pursuant to this section THROUGH regulatory MECHANISMS that provide flexibility in complying with those standards, including the AVERAGING of emissions and the use of emissions trading or other alternative implementation measures that the director determines will further the interests of this state and its citizens.
C. the department may not submit any plan for carbon dioxide emissions reductions to the United States environmental protection agency for approval if it is inconsistent with the standards ESTABLISHED PURSUANT to this section.
49-413.02. Standards for coal-fired electrical generating units
The department's Standards of performance for carbon dioxide emissions from existing coal-fired electrical generating units must be ESTABLISHED based on the following factors:
1. the best system of emissions reductions that has been adequately DEMONSTRATED for coal-fired electrical generating units that are subject to the standards of performance, After taking into account the cost of ACHIEVING those reductions, any health and ENVIRONMENTAL impacts that are not air quality impacts and any relevant energy requirements.
2. Reductions in emissions of carbon dioxide that can reasonably be ACHIEVED through measures UNDERTAKEN at each coal-fired ELECTRICAL generating unit.
3. Efficiency and other MEASURES that can be undertaken at each COAL‑fired electrical generating unit to reduce carbon DIOXIDE emissions from the unit without switching from coal to other fuels, using other FUELS in conjunction with coal or limiting the use of the unit.
49-413.03. Standards for natural gas-fired electrical generating units
The department's Standards of performance for carbon dioxide emissions from existing natural gas-fired electrical generating units must be ESTABLISHED based on the following factors:
1. The best system of emissions reductions that has been adequately DEMONSTRATED for natural gas-fired electrical generating units that are subject to the standards of performance, After taking into account the cost of ACHIEVING those reductions, any health and ENVIRONMENTAL impacts that are not air quality impacts and any relevant energy requirements.
2. Reductions in emissions of carbon dioxide that can reasonably be ACHIEVED through measures UNDERTAKEN at each natural gas-fired ELECTRICAL generating unit.
3. Efficiency and other MEASURES that can be undertaken at each natural gas-fired electrical generating unit to reduce carbon DIOXIDE emissions from the unit without switching from natural gas to other lower‑carbon fuels or limiting the use of the unit.
49-413.04. Adjustment to standards; federal standards
In ESTABLISHING standards of performance for carbon dioxide emissions as prescribed in section 49-413.01, The department in all cases shall consider whether to ADOPT standards that are less stringent than or compliance schedules THAT are longer than those provided in applicable federal rules or GUIDELINES, based on the following:
1. consumer impacts, including any disproportionate impact of energy price increases on lower income POPULATIONS.
2. Unreasonable costs for reducing emissions that result from plant age or location or BASIC process design.
3. PHYSICAL difficulties with or IMPOSSIBILITY of IMPLEMENTING emissions reduction measures.
4. The aggregate cost of applying the PERFORMANCE standards to the unit.
5. The expected REMAINING useful LIFE of the unit.
6. The economic impacts of closing the unit, including expected job losses, if the unit is unable to comply with the performance STANDARDS.
7. Any other factors SPECIFIC to the unit that make application of a less STRINGENT STANDARD or longer compliance schedule more reasonable.