Florida Senate - 2015                                    SM 1228
       By Senator Evers
       2-01104-15                                            20151228__
    1                           Senate Memorial                         
    2         A memorial to the Congress of the United States,
    3         urging Congress to direct the United States
    4         Environmental Protection Agency to revise the proposed
    5         regulations that address carbon dioxide emissions from
    6         existing fossil fuel-fired electric generating units.
    8         WHEREAS, a reliable and affordable electricity supply is
    9  vital to the nation’s and each state’s economic growth, jobs,
   10  and the overall well-being of its citizens, and
   11         WHEREAS, under each state’s sovereignty and under the
   12  protections of the Tenth Amendment to the Constitution, each
   13  state has the exclusive authority to regulate the provision of
   14  electricity to ensure a reliable and affordable supply of
   15  electricity for its citizens, and
   16         WHEREAS, environmental regulations should be based on sound
   17  science and a transparent and comprehensive program that
   18  addresses environmental issues, the nation’s broader economic
   19  prosperity, and the long-term energy affordability for citizens,
   20  and
   21         WHEREAS, the regulation of retail sales and local
   22  distribution of electricity is a function of sovereign states
   23  which federal agencies have a legal obligation to respect and
   24  preserve, and
   25         WHEREAS, on June 25, 2013, the President issued a
   26  memorandum to the Administrator of the United States
   27  Environmental Protection Agency (EPA) directing the EPA to
   28  develop guidelines to control greenhouse gas emissions from
   29  existing fossil fuel-fired power plants under s. 111(d) of the
   30  Clean Air Act and to seek input from the states, and
   31         WHEREAS, on June 2, 2014, pursuant to s. 111(d) of the
   32  Clean Air Act, the EPA issued proposed guidelines limiting
   33  carbon dioxide emissions from existing fossil fuel-fired
   34  electric generating units (EGUs) and published the guidelines
   35  for comment in the Federal Register on June 18, 2014, and
   36         WHEREAS, the EPA, by its proposed guidelines, has asserted
   37  authority over greenhouse gas emissions to regulate carbon
   38  dioxide performance standards for existing fossil fuel-fired
   39  EGUs despite the fact those plants are already regulated under
   40  the air toxics program under s. 112 of the Clean Air Act, and
   41         WHEREAS, the Clean Air Act does not authorize the EPA to
   42  regulate emissions beyond the physical boundaries of an
   43  individual EGU and therefore the agency cannot mandate that EGUs
   44  reduce demand for electricity by customers and cannot require
   45  EGUs to increase their reliance on natural gas or on renewable
   46  energy sources, activities which are exclusively within the
   47  police powers of the state, and
   48         WHEREAS, the proposed regulations are based on the EPA’s
   49  assessment of each state’s ability to improve the efficiency of
   50  the existing fossil fuel-fired EGUs, operate differently or
   51  retire existing coal-fired EGUs, substantially increase the
   52  generation of electricity from natural gas, significantly
   53  increase reliance on renewable energy sources, and substantially
   54  reduce the use of electricity by consumers, all in a plan and on
   55  a schedule that are neither achievable nor workable, and
   56         WHEREAS, the Attorney General, the Public Service
   57  Commission, and the Department of Environmental Protection have
   58  sent comments to the EPA expressing concerns about
   59  implementation of the proposed regulations, and
   60         WHEREAS, the proposed guidelines, if enacted, would
   61  effectively amount to a federal takeover of the electricity
   62  generation system of the United States, and
   63         WHEREAS, the proposed regulations, by the EPA’s own
   64  estimates, have a major impact on the economy of each state and
   65  significant consequences for electricity generation,
   66  transmission, distribution, and use within this state, NOW,
   69  Be It Resolved by the Legislature of the State of Florida:
   71         That the Congress of the United States is urged to direct
   72  the United States Environmental Protection Agency to revise the
   73  proposed regulations to:
   74         (1) Extend by 1 year the date by which states would be
   75  required to submit a state plan to the EPA to provide time to
   76  finalize technical work and state legislative and rule making
   77  activities.
   78         (2) Decrease the proposed interim and final state goals
   79  expressed as adjusted output for the weighted average emission
   80  rates for all affected EGUs in Florida.
   81         (3) Extend by 5 years the interim plan compliance schedule
   82  for meeting the proposed state goals for reductions in carbon
   83  dioxide emission rates.
   84         (4) Extend by 5 years the date by which final goals for
   85  carbon dioxide emission rates must be reached.
   86         (5) Prohibit retirement of an EGU before the end of its
   87  engineering lifetime unless the affected utility has fully
   88  recovered the costs of construction and financing of the EGU,
   89  the state has sufficient replacement capacity, and the grid
   90  reliability is maintained.
   91         BE IT FURTHER RESOLVED that copies of this memorial be
   92  dispatched to the President of the United States, the President
   93  of the United States Senate, the Speaker of the United States
   94  House of Representatives, the Administrator of the United States
   95  Environmental Protection Agency, and each member of the Florida
   96  delegation to the United States Congress.