Florida Senate - 2016                                     SB 838
       
       
        
       By Senator Evers
       
       
       
       
       
       2-00525-16                                             2016838__
    1                        A bill to be entitled                      
    2         An act relating to carbon dioxide emissions from
    3         existing stationary sources; providing legislative
    4         findings regarding federal Clean Air Act regulations
    5         that limit certain carbon dioxide emissions from
    6         existing stationary sources; prohibiting each state
    7         agency and instrumentality thereof from implementing
    8         certain rules or submitting certain plans to the
    9         United States Environmental Protection Agency
   10         regarding such emissions before the occurrence of
   11         specified events; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. (1) The Legislature finds that:
   16         (a) A reliable and affordable electricity supply is vital
   17  to ensure the nation’s and each state’s continued economic
   18  growth and for the maintenance of environmental quality.
   19         (b) Regulations issued by the United States Environmental
   20  Protection Agency pursuant to the Clean Air Act, 42 U.S.C. s.
   21  7411(d), which limit carbon dioxide emissions from existing
   22  stationary sources will significantly affect the state’s economy
   23  and impact how electricity is generated, transmitted,
   24  distributed, and used within the state.
   25         (c) The Legislature must establish and direct the state’s
   26  energy policy to best protect the standard of living of its
   27  citizens and to ensure that state agencies and instrumentalities
   28  of the state remain accountable to state interests.
   29         (2) Except as provided in this section, a state agency or
   30  instrumentality of the state may not implement rules or
   31  regulations or submit a state or multistate implementation plan
   32  to the United States Environmental Protection Agency which
   33  limits or attempts to limit carbon dioxide emissions from
   34  existing stationary sources to comply with regulations issued
   35  pursuant to the Clean Air Act, 42 U.S.C. s. 7411(d), until:
   36         (a) The United States Congress enacts legislation
   37  regulating limiting carbon dioxide emissions from existing
   38  stationary sources; or
   39         (b) A federal court issues a final judgment upholding the
   40  legality of regulations addressing carbon dioxide from existing
   41  stationary sources issued pursuant to the Clean Air Act, 42
   42  U.S.C. s. 7411(d).
   43         Section 2. This act shall take effect July 1, 2016.