Existing
State Law
Connecticut
In 2001, HB
6365, the Power Plant Clean-Up bill, was introduced
and partially passed into law (although the final version
was watered down, the original version is linked to this
site). The Power Plant Clean-Up bill requires the state’s
oldest and dirtiest power plants to meet new source standards
for sulfur dioxide by December 2004. This is the first state
law in the nation to force power plants built prior to the
enactment of the Clean Air Act to abide by modern standards.
Of particular note is the bill’s requirement for on-site
cleanup of the SO2 emissions without
the pollution credit trading system which was sought by
the industry.
New Hampshire
HB
284 was signed into law in 2002. The bill establishes
caps for emissions of sulfur dioxide, oxides of nitrogen,
and carbon dioxide from existing fossil fuel-burning steam
electric power plants. It permits the banking and trading
of emissions reductions to achieve compliance with the caps.
Compliance is not required of a plant that installs qualifying
repowering technology or an eligible replacement unit. It
is part of “New Hampshire’s Clean Power Strategy”
wherein the state’s three fossil-fueled power plants
will have a five-year window to reduce emissions of sulfur
dioxide by 75%; nitrogen oxides by 70%; mercury by 75%;
and, carbon dioxide by 7% below 1990 levels.
Introduced State Legislation
Hawaii
Representative Morita (D) of Hawaii introduced HB
195 on January 17, 2003. The measure, titled the Power
Emission Control Plan (or Pollution Clean Power, in the
case of the Senate version), enacts the Clean Power Act
to regulate power plants and control emissions of nitrogen
oxide, sulfur dioxide, mercury, and carbon dioxide; requires
the Department of Health to formulate a comprehensive emission
control plan and to adopt rules; and, requires the Public
Utilities Commission to adopt energy efficiency plan. Morita
has also introduced HCR
175, which requests the convening of an emissions task
force to measure the state’s power plant and motor
vehicle emissions and develop comprehensive strategies to
reduce emissions.
(Bill summaries provided by State
Net)
Maryland
HB
380 prohibits specified investor-owned public utilities
that own or operate specified coal-fired generating units
from exceeding specified emissions limits for oxides of
nitrogen and sulfur dioxide; allows specified investor-owned
public utilities to determine their method of compliance;
and, authorizes the Governor to enter into specified emissions
allowances transfer agreements.
(Bill summary provided by State
Net)
Massachusetts
In 2001, HB 2211 was introduced. This aggressive bill addresses
a myriad of issues as it recognizes electric power plants
as major sources of air pollution, and the unequal pollution
control standards between old and new facilities that unfairly
favor dirtier facilities and subvert competition in electricity
markets. By computing emissions rates, the bill proposes
caps on carbon dioxide, nitrogen oxides, mercury, and sulfur
dioxide with no option for tradable credits or credit banking,
but providing the opportunity to sell excessive emission
credits.
New Hampshire
HCR
15 is New Hampshire’s attempt to counter the U.S.
Environmental Protection Agency’s recent efforts to
undermine portions of the Clean Air Act.
New York
A 5933 provides for regulation of power plant emissions
and sets performance standards for them and directs the
Department of Environmental Conservation to implement air
pollution standards for power plants regarding nitrogen
oxide, sulfur dioxide, carbon dioxide, and mercury.
(Bill summary provided by State
Net)
S 3172 directs the Department of Environmental Conservation
to promulgate regulations reducing electric power plant
emissions of various pollutants; provides for a mercury
emissions cap; provides for submission of data by generators;
and, does not supersede any other, more stringent requirements.
(Bill summary provided by State
Net)
A 5577-B (2001) would enact regulations to achieve a 75%
reduction in emissions of both SO2
and NOx by 2007. It also requires the state’s Department
of Environmental Conservation (DEC) to establish a cap on
carbon dioxide by 2007 and directs the DEC to establish
standards to eliminate the threat of mercury in the environment.
Rhode Island
H
5201 urges the federal government to block the implementation
of U.S. Environmental Protection Agency rules which will
weaken the new source review provision of the Clean Air
Act and takes action to further restrict emissions from
power plants.
(Bill summary provided by State
Net)
Wisconsin
In early 2002, Representative
Mark Pocan and Senator
Fred Risser introduced LRB 3122, the “State Clean
Power Act.” This bill closes the legal loophole which
allows older power plants to pollute at a rate much higher
than new plants with modern emissions controls.
Introduced Federal Legislation
In 2001, the Clean
Energy Act was introduced in the U.S. Senate by Jim
Jeffords (I-VT) and Joseph Lieberman (D-CT). Often described
as a “four-pollutant” bill, the Clean Power
Act establishes a new, integrated approach to power plant
cleanup. It would cut nitrogen oxide and sulfur dioxide
emissions (the sources of smog, lung-clogging particulates
and acid rain) 75 percent; slash mercury output 90 percent;
and, cut carbon dioxide emissions roughly 25 percent, reducing
them to 1990 levels. Since this legislation has not passed
at the federal level, it is up to the states to keep it
alive. |
