Interstate Ozone Transport Oversight Act Exposed

The Interstate Ozone Transport Oversight Act does not include adoption or approval information. ALEC has attempted to distance itself from this piece of legislation after the launch of ALECexposed.org in 2011, but it has done nothing to get it repealed in the states where it previously pushed for it to be made into law.

ALEC Bill Text

Summary

A bill requiring public hearings and legislative review of any proposed interstate agreement related to the atmospheric transport of ozone, where such agreement contains emission control requirements in addition to those specified by Titles I, II, or IV of the Clean Air Act Amendments of 1990, 42 U.S.C. 7651f. Providing for the submission of legislative findings and recommendations to the Governor concerning any proposed interstate agreement related to the transport of ozone. [Optional: Requiring certain studies of the economic, employment, and competitive impacts of any proposed interstate agreement related to the transport of ozone.][Optional: Requiring certain studies of the economic impacts of existing agreements related to the interstate transport of ozone.]

Model Legislation

Section 1. {Short Title}

This Act may be referred to as the Interstate Ozone Transport Oversight Act

Section 2. {Findings}

The (Insert Chamber) of the State of {Insert State) hereby finds that:

A. The Federal Clean Air Act, as amended, 42 U.S.C. 7401 et seq., 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.

B. 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 Clean Air Act Amendments of 1990, and the mobile and stationary source emission controls specified therein.

C. Scientific research on the transport of atmospheric ozone across state boundaries is proceeding under the auspices of the United States Environmental Protection Agency (EPA), state agencies, and private entities, which research will lead to improve scientific understanding of the causes and nature of ozone transport, and emission control strategies potentially applicable thereto.

D. The Northeast Ozone Transport Commission established by the 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 Titles I, 11 and IV of the Clean Air Act Amendments of 1990.

E. 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 EPA pursuant to Section t76A of the Clean Air Act, as amended, 42 U.S.C. 7506(a).

F. The Northeast Ozone Transport Commission neither sought nor obtained state legislative oversight or approval prior to reaching its decisions on mobile and stationary source requirements for states included within the Northeast Ozone Transport Region.

G. The Commonwealth of Virginia and other parties have challenged the constitutionality of the Ozone Transport Commission and its regulatory proposals under the Guarantee, Compact, and Joinder Clauses of the United States Constitution; various state legislatures in the Northeast have expressed their desire to be involved fully in the formulation of policies and regulations by the Ozone Transport Commission.

H. The United States EPA, acting outside of the aforementioned statutory requirements for the establishment of a new interstate transport commission, is encouraging {Insert State} and twenty-four other states outside of the Northeast to participate in multi-state 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 Clean Air Act Amendments of 1990; membership of the Ozone Transport Assessment Group consists of state and federal air quality officials, without state legislative or gubernatorial representation or participation.

I. Emission control requirements exceeding those specified by federal law can adversely affect state economic development, competitiveness, employment, and lead to out of control costs. In addition to those specified by the Clean Air Act could amount to $4.0 to $5.5 billion annually in a 37-state region of the eastern United States,

J. Requiring certain eastern states to meet emission control requirements more stringent than those otherwise applicable in western states would unfairly affect interstate competition for new industrial development and employment opportunities.

Section 3. {Legislative Referral and Public Hearings}

A. Not later than ten (IO) days subsequent to the development of any proposed memorandum of understanding or other agreement by the Ozone Transport Assessment Group potentially requiring states outside of the Northeast Ozone Transport Region to undertake emissions reductions in addition to those specified by the Clean Air Act., the {State representative participating in OTAG] of the {Insert State Agency}of (Environmental Protection or other applicable) shall submit such proposed memorandum OI other agreement to the {Insert Appropriate Legislative Committee} for its consideration, and shall not enter into any such memorandum or agreement until the process of review described in paragraph B. of this section and in Section 4 [5 and 6, if applicable] has been completed.

B. Upon receipt of the aforesaid memorandum of understanding or agreement, the {Insert Appropriate Legislative Committee} shall convene one or more public hearings to receive comments from agencies of government and other interested parties on its prospective public health, economic and environmental impacts, including its impacts on energy use, economic development, utility costs and rates, and competitiveness.

Section 4. {Findings and Recommendations to Governor}

A. Upon completion of the public hearings required by the preceding paragraph, the {Insert Appropriate Committee} shall forward to the (President of the Senate/Speaker of the House) a report containing its findings and recommendations concerning any proposed memorandum of understanding suggesting modifications to the terms or appropriability of such memorandum of understanding or agreement.

B. Upon receipt of the report required by the preceding paragraph, the (President of the Senate/Speaker of the House) shall thereafter transmit same to the Governor for such further consideration or action as may be warranted.

C. The process outlined in Sections {3&4} ({5&6} if applicable) shall be completed in a reasonable period of time as established by the {Insert Appropriate Legislative Committee}.

D. Nothing in this section shall be construed as to preclude the {Insert Chamber} 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. [Optional]

Section 5. {Study Requirement}

A. To assist the legislative review required by this Act, the {Department/Division of Commerce, Economic Development, PUUPSC or other appropriate} shall conduct a study of the impacts of any proposed memorandum of understanding or other agreement related to the transport of ozone on the State’s economy, including but not limited to, impacts on economic development, employment, utility costs and rates, personal income, and industrial competitiveness. Such study shall be submitted to the (Insert Appropriate Legislative Committee} not less than ten (10) days prior to any scheduled hearing concerning a proposed memorandum of understanding or other interstate agreement related to the transport of ozone. [Optional]

Section 6. {Study of Existing Interstate Ozone Transport Agreements (for states included within the Northeast Ozone Transport Region)}

A. The (Department/Division) of {Department/Division of Commerce, Economic Development, PUUPSC or other appropriate} shall conduct a study of the impacts of any existing interstate ozone transport agreement on the State’s economy, including but not limited to, impacts on economic development, employment, income, and industrial competitiveness. Such study shall be submitted to the {Insert Appropriate Committee} not less than six (6) months after the date of enactment of this Act.

Section 7. {Severability Clause}

Section 8. {Repealer Clause}

Section 9. {Enacting Clause}