Senate Bill No. 474
(By Senator Ross, Love, Bailey, Tomblin, Mr. President, Chafin,
Anderson, Wiedebusch, Minear, Dugan, Scott, Plymale and Sharpe)
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[Introduced February 19, 1996; referred to the Committee
on Natural Resources; and then to the Committee on Finance
.]
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A BILL to amend article five, chapter twenty-two of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
seventeen, relating to requiring legislative approval prior
to the execution of an agreement related to the transport of
ozone; and requiring certain hearings and reports concerning
the energy use, tax, economic development, utility costs and
rates, competitiveness and employment impacts of any
proposed interstate agreement related to the transport of
ozone.
Be it enacted by the Legislature of West Virginia:
That article five, chapter twenty-two of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be
amended by adding thereto a new section, designated section
seventeen, to read as follows:
ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-17. Interstate ozone transport.
(a) This section of the air pollution control act may be
referred to as the "Interstate Ozone Transport Oversight Act."
(b) The Legislature hereby finds that:
(1) The federal clean air act, as amended, contains a
comprehensive regulatory scheme for the control of emissions from
mobile and stationary sources, which will improve ambient air
quality and health and welfare in all parts of the nation.
(2) The number of areas unable to meet national ambient air
quality standards for ozone has been declining steadily and will
continue to decline with air quality improvements resulting from
implementation of the federal Clean Air Act Amendments of 1990,
and the mobile and stationary source emission controls specified
therein.
(3) Scientific research on the transport of atmospheric
ozone across state boundaries is proceeding under the auspices of
the United States environmental protection agency (U.S. EPA), state agencies, and private entities, which research will lead to
improved scientific understanding of the causes and nature of
ozone transport, and emission control strategies potentially
applicable thereto.
(4) The northeast ozone transport commission established by
the federal clean air act amendments of 1990 has proposed
emission control requirements for stationary and mobile sources
in certain northeastern states and the District of Columbia in
addition to those specified by the federal Clean Air Act
Amendments of 1990.
(5) Membership of the northeast ozone transport commission
includes, by statute, representatives of state environmental
agencies and governors' offices; similar representation is
required in the case of other ozone transport commissions
established by the administrator of the United States
environmental protection agency pursuant to Section 176A of the
federal clean air act, as amended.
(6) The northeast ozone transport commission neither sought
nor obtained state legislative oversight or approved prior to
reaching its decisions on mobile and stationary source
requirements for states included within the northeast ozone transport region.
(7) The commonwealth of Virginia and other parties have
challenged the constitutionality of the northeast ozone transport
commission and its regulatory proposals under the guarantee,
compact, and joinder clauses of the United States constitution.
(8) The United States environmental protection agency,
acting outside of the aforementioned statutory requirements for
the establishment of new interstate transport commissions, is
encouraging the state of West Virginia and twenty-four other
states outside of the northeast to participate in multistage
negotiations through the ozone transport assessment group; such
negotiations are intended to provide the bases for an interstate
memorandum of understanding or other agreement on ozone transport
requiring reductions of emissions of nitrogen oxides or volatile
organic compounds in addition to those specified by the federal
clean air act amendments of 1990, membership of the ozone
transport assessment group consists of state and federal air
quality officials, without state legislative representation or
participation by the governor.
(9) Emission control requirements exceeding those specified
by federal law can adversely affect state economic development, competitiveness, employment, and income without corresponding
environmental benefits; in the case of electric utility emissions
of nitrogen oxides, it is estimated that control costs in
addition to those specified by the federal clean air act could
exceed five billion dollars annually in a thirty-seven state
region of the eastern United States, including the state of West
Virginia.
(10) Requiring certain eastern states to meet emission
control requirements more stringent than those otherwise
applicable to other states and unnecessary for environmental
protection would unfairly affect interstate competition for new
industrial development and employment opportunities.
(c) It is therefore directed that:
(1) Not later than ten days subsequent to the development of
any proposed memorandum of understanding or other agreement by
the ozone transport assessment group, or similar group,
potentially requiring the state of West Virginia to undertake
emission reductions in addition to those specified by the federal
clean air act, the director of the division of environmental
protection shall submit such proposed memorandum or other
agreement to the president of the Senate and the speaker of the House of Delegates for consideration.
(2) Upon receipt of the aforesaid memorandum of
understanding or agreement, the president and the speaker shall
refer the understanding or agreement to one or more appropriate
legislative committees with a request that such committees
convene one or more public hearings to receive comments from
agencies of government and other interested parties on its
prospective economic and environmental impacts on the state of
West Virginia and its citizens, including impacts on energy use,
taxes, economic development, utility costs and rates, and
competitiveness, and employment.
(3) Upon completion of the public hearings required by the
preceding subdivision, the committees shall forward to the
president and the speaker a report containing its findings and
recommendations concerning any proposed memorandum of
understanding or other agreement related to the interstate
transport of ozone. The report shall make findings with respect
to the economic and environmental impacts on the state of West
Virginia and its citizens, including impacts on energy use,
taxes, economic development, utility costs and rates,
competitiveness and employment.
(4) Upon receipt of the report required by the preceding
subdivision, the president and speaker shall thereafter transmit
the report to the governor for such further consideration of
action as may be warranted.
(5) Nothing in this section may be construed to preclude the
Legislature from taking such other action with respect to any
proposed memorandum of understanding or other agreement related
to the interstate transport of ozone as it deems appropriate.
(6) No person is authorized to commit the state of West
Virginia to the terms of any such memorandum or agreement unless
specifically approved by an act of the Legislature.
NOTE: The purpose of this bill is to require prior
legislative review and approval of any proposed interstate
memorandum of understanding or agreement related to the transport
of ozone that results from the Ozone Transportation Assessment
Group, or similar groups. The bill also requires that a hearing
be held and a report issued addressing the energy use, tax,
economic development, utility costs and rates, competitiveness
and employment impacts of any proposed interstate agreement
related to the transport of ozone.
This article is new; therefore, strike-throughs and
underscoring have been omitted.