HB 138: "An Act relating to the development of state emission standards that comply with the federal Clean Air Act."

00 HOUSE BILL NO. 138 01 "An Act relating to the development of state emission standards that comply with the 02 federal Clean Air Act." 03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 04 * Section 1. The uncodified law of the State of Alaska is amended by adding a new section 05 to read: 06 LEGISLATIVE FINDINGS AND INTENT. (a) The legislature finds that the 07 proposed rule related to the Clean Power Plan developed by the United States Environmental 08 Protection Agency under 42 U.S.C. 7411(d) (sec. 111(d), Clean Air Act) violates the Tenth 09 Amendment to the Constitution of the United States. 10 (b) It is the intent of the legislature that the governor, the attorney general, and the 11 Department of Environmental Conservation 12 (1) use their resources to defend the sovereignty of the state and protect the 13 people from federal overreach; 14 (2) continue to seek an exemption from the Clean Power Plan; and

01 (3) work with the United States Environmental Protection Agency to solve the 02 constitutional concerns of the legislature and to tailor the Clean Power Plan to meet the 03 unique needs of the state. 04 * Sec. 2. AS 46.14 is amended by adding a new section to article 5 to read: 05 Sec. 46.14.570. Emission standards to comply with federal law. (a) The 06 department shall develop a state plan to comply with 42 U.S.C. 7411(d) (sec. 111(d), 07 Clean Air Act). The department may not develop a plan under this section until the 08 United States Environmental Protection Agency finalizes the rule for the Clean Power 09 Plan. 10 (b) In developing a plan under (a) of this section, the department shall prepare 11 a report, subject to notice and comment, that assesses the effects of the plan on 12 (1) the electric power sector, including 13 (A) the availability of affordable electricity from diversified 14 sources of electric generation; 15 (B) the type and amount of electricity generating capacity in the 16 state that is likely to be eliminated or switched to another fuel; 17 (C) investment in electricity generating capacity and other 18 infrastructure; 19 (D) the amount of investment necessary to offset retirements of 20 electricity generating capacity and maintain generation reserve margins; 21 (E) potential risks to electric reliability, such as resource 22 adequacy risks and transmission constraints; 23 (F) the amount by which retail electricity prices in the state are 24 forecasted to increase as a result of the plan; 25 (2) electricity consumers in the state, including any disproportionate 26 effects of electricity and other energy price increases on households of low or 27 moderate income; 28 (3) employment in the state, including direct and indirect employment 29 effects and jobs lost within affected public and private sectors of the state's economy; 30 (4) economic development in the state, including effects on 31 manufacturing, commercial, and other sectors of the economy of the state;

01 (5) the competitive position of the state; 02 (6) the state government and local governments, including the effects of 03 potential changes in tax revenue; 04 (7) state law, including any new laws necessary to implement the state 05 plan. 06 (c) Not later than 15 days before the completion of a state plan, the department 07 shall deliver a copy of the state plan and the report required under (b) of this section to 08 the senate secretary and the chief clerk of the house of representatives and notify the 09 legislature that the report is available. The department may not submit the state plan to 10 the United States Environmental Protection Agency until the plan is approved by the 11 legislature. If the legislature fails to approve the state plan, the department may submit 12 a revised state plan to the legislature with an accompanying revised report.