REFERENCE TITLE: rulemaking; electric generating units; opposition

State of Arizona Senate Fifty-second Legislature First Regular Session 2015

SCM 1013

Introduced by Senators Griffin, Allen, Burges, Farnsworth D, Lesko, McGuire, Ward; Representative Pratt: Senators Miranda, Shooter; Representatives Cardenas, Leach

 

A CONCURRENT memorial

 

Urging the United States Congress to oppose the implementation of certain technology and emissions reduction rules for new and existing electric 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 costs of new regulations to the economy do not exceed potential benefits; and

Whereas, on June 2, 2014, the United States Environmental Protection Agency (EPA) proposed rules in the Federal Register that will require Arizona to reduce carbon emissions at existing generating facilities by 51.7% by 2030; and

Whereas, the carbon reduction targets for Arizona are the second highest in the nation; and

Whereas, the interim goal proposed for Arizona would require nearly 90% of the final goal to be achieved by the year 2020; and

Whereas, concentrations of greenhouse gases are the result of global emissions and do not pose an immediate risk to public health and safety as do other criteria pollutants; and

Whereas, the EPA's proposed rules exceed its legal authority to require reductions in carbon dioxide emissions from fossil fuel-fired  electric generating units under Section 111(d) of the CAA and interfere 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 such as regulating greenhouse gas emissions takes away resources away from nondiscretionary duties that are better suited to protect the public health 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 protecting the public health and welfare; and

Whereas, fossil fuels, including coal and natural gas, provide an abundant, domestic and affordable energy source that is important to Arizona's economy and the availability and reliability of electric service; and

Whereas, the EPA ignores the customs, cultures and economic well-being of our local communities as well as important historic and cultural aspects of our local heritage; and

Whereas, the EPA's proposed Clean Power Plan will cause significant disruptions in Arizona's electricity supply and transmission system, causing reliability in the system to decrease.

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 generating units that exceed the EPA's legal authority under Section 111 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 new or existing electric 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 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 rules under Section 111 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 the 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.