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Introduced Version Senate Bill 141 History

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Key: Green = existing Code. Red = new code to be enacted
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Senate Bill No. 141

(By Senators Tomblin (Mr. President) and Sprouse

By Request of the Executive)

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[Introduced January 14, 2004; referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.]

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A BILL to amend the code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to establishing a program to report emissions of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; establishing a banking and trading program for greenhouse gas emission reductions; providing public recognition of voluntary reduction or avoidance of greenhouse gases; and providing consideration of such reductions under future mandatory federal or state greenhouse gas emission reduction programs.

Be it enacted by the Legislature of West Virginia:
That the code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §22-5-19, to read as follows:
ARTICLE 5. AIR POLLUTION CONTROL.
§22-5-19. Greenhouse gas reporting and early emission reduction credits.

(a) The secretary is authorized to propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, establishing a greenhouse gas emissions registration program for all stationary sources that emit more than a de minimis amount of greenhouse gases on an annual basis.
(b) The secretary is authorized to propose legislative rules for promulgation in accordance with article three, chapter twenty-nine-a of this code, establishing a voluntary program under which the department registers voluntary reductions in emissions of greenhouse gases and creates a mechanism for banking and trading of greenhouse gas emissions for reductions made before required by law. The voluntary program shall include, but not be limited to, criteria for establishing baseline emissions, quantifying emission reductions, providing public recognition, and establishing a mechanism for banking and trading of emission reductions. The department shall consider the information recorded in the voluntary emission reduction registry when determining baselines and reduction requirements under future emission reduction programs implemented under federal or state law.
(c) Greenhouse gas emission reductions under this section are voluntary.
(d) In establishing the greenhouse gas emission registration system and the voluntary emission reduction program the department shall make the system and program as consistent as possible with other state and federal programs designed to monitor, quantify, bank and trade reductions in emissions of greenhouse gases.
(e) As used in this section, "greenhouse gas" means carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride or any other gas that traps heat in the atmosphere.

NOTE: The purpose of this bill is to create the "greenhouse gas reporting and early emission reduction credit program," which establishes a greenhouse gas emission registry and a voluntary program for encouraging voluntary reductions of greenhouse gas emissions. The program, administered by the Department of Environmental Protection, requires facilities emitting more than a de minimis amount of greenhouse gases to register such emissions with the department and authorizes the Department to establish a voluntary registry for voluntary reductions of greenhouse gas emissions and establish a mechanism for banking and trading of greenhouse gas emission reductions. The Department of Environmental Protection is to propose legislative rules establishing the program.

This section is new; therefore strike-throughs and underscoring have been omitted.


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