SECOND REGULAR SESSION
House Concurrent Resolution No. 23
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVES HODGES (Sponsor), HUMMEL, ROORDA, FRAME, BURNS AND FRANKLIN (Co-sponsors).
WHEREAS, a reliable, affordable energy supply is vital to the nation's future economic growth, security, and quality of life; and
WHEREAS, compliance with expected environmental regulations regulating greenhouse gas (GHG) emissions will affect ratepayers differently depending upon each state's existing generation, energy resources, electricity market and state commission decisions; and
WHEREAS, states have jurisdiction over the reliability and affordability of electricity provided to retail customers; and
WHEREAS, incorporating flexibility in the implementation of EPA regulations to allow for unique state or regional strategies can lessen generation cost increases because of improved planning, greater use of energy efficiency and demand-side resources, and orderly decision-making; and
WHEREAS, in 2009, President Obama made a pledge that by 2020 America would reduce its greenhouse gas emissions in the range of 17% below 2005 levels; and
WHEREAS, the Regional Greenhouse Gas Initiative implemented by nine states is recognized as reducing emissions and provides a net consumer and economic benefit; and
WHEREAS, ten states have successfully implemented market-based emissions trading systems applicable to the electrical power sectors for the purpose of reducing emissions; and
WHEREAS, many states have implemented mandatory or voluntary renewable portfolio/energy standards, implemented energy efficient or peak load reduction programs, experienced significant retirements of coal-based generating plants, or mandated emission reductions programs - all of which have already contributed to a reduction in GHG emissions; and
WHEREAS, it may be in the interest of ratepayers to maintain the operation of certain existing coal-based electricity generating plants that meet environmental performance requirements for priority pollutants for a period of time; and
WHEREAS, on June 25, 2013, the President issued a memorandum to the United States EPA Administrator directing the EPA to:
(1) Issue proposed carbon pollution standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants by no later than June 1, 2014;
(2) Issue final standards, regulations, or guidelines, as appropriate, for modified, reconstructed, and existing power plants by no later than June 1, 2015;
(3) Include in the guidelines addressing existing power plants a requirement that States submit to the United States EPA the implementation plans required under Section 111(d) of the Clean Air Act and its implementing regulations by no later than June 30, 2016; and
WHEREAS, the President instructed the EPA, in its efforts to address GHG emissions for modified, reconstructed, and existing power plants to engage directly with states, and expressly recognized that states "will play a central role in establishing and implementing standards for existing power plants"; and
WHEREAS, Section 111(d)(1)(A) requires the EPA to establish a procedure under which each state shall submit to the Administrator a plan which establishes standards of performance for existing sources; and
WHEREAS, Section 111(d)(1)(B) requires the plan submitted by the state to provide for the implementation and enforcement of such standards of performance and the Administrator to permit a state, in applying such standards of performance, "to take into consideration, among other factors, the remaining useful life of the existing source to which such standard applies"; and
WHEREAS, the states rely on EPA to issue a procedure under Section 111(d) that reflects the best system or systems of emission reductions that has been adequately demonstrated at affected facilities; and
WHEREAS, state utility regulators have jurisdiction over decisions regarding integrated resource planning or resource adequacy, processes which ultimately determine the mixes of fuels and resources in state generation portfolios, which differ from state to state; and
WHEREAS, states have different mixes of fuels and resources in their existing generation portfolios; and
WHEREAS, states have achieved different levels of GHG reductions to date, and have diverse economies and face difference economic conditions, including states with energy intensive manufacturing industries that provide goods for the entire nation:
NOW, THEREFORE, BE IT RESOLVED that the members of the House of Representatives of the Ninety-seventh General Assembly, Second Regular Session, the Senate concurring therein, hereby urge the Environmental Protection Agency (EPA), in developing any emissions guidelines for regulating carbon emissions from existing power plants, to recognize the primacy of states to rely on both state utility and environmental regulators to lead the creation of emission performance systems that reflect the policies, energy needs, resource mix, economic conditions of each state and region; and
BE IT FURTHER RESOLVED that the guidelines should be flexible enough to allow states individually or regionally to take into account, when establishing standards of performance, the different makeup of existing power generation in each state and region; and
BE IT FURTHER RESOLVED that the states need EPA, under the relevant statutory factors, to issue guidelines that avoid GHG emissions reductions that are not feasible; and
BE IT FURTHER RESOLVED that the guidelines should provide sufficiently flexible compliance pathways or mechanisms that recognize state and regional variations to achieve the most cost-effective emissions reductions in each state; and
BE IT FURTHER RESOLVED that the guidelines recognize and credit states' emissions reduction achievements to date, recognize any and all existing state emissions reduction programs, and shall not intrude on the states' jurisdiction over decisions regarding integrated resource planning or resource adequacy or otherwise mandate specific modifications to the mix of fuels and resources in existing and further state generation portfolios; and
BE IT FURTHER RESOLVED that the Chief Clerk of the Missouri House of Representatives be instructed to prepare properly inscribed copies of this resolution for Gina McCarthy, the Administrator of the Environmental Protection Agency and each member of the Missouri Congressional delegation.
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