REFERENCE TITLE: climate action plan; greenhouse gases

 

 

 

 

State of Arizona

Senate

Fifty-fourth Legislature

Second Regular Session

2020

 

 

 

SB 1631

 

Introduced by

Senators Mendez: Alston, Bradley, Contreras, Dalessandro, Gonzales, Navarrete, Peshlakai, Quezada, Rios, Steele

 

 

AN ACT

 

repealing section 49-191, Arizona Revised Statutes; amending Title 49, chapter 1, article 6, Arizona Revised Statutes, by adding a new section 49-191; relating to REGULATION of greenhouse gas emissions.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 


Be it enacted by the Legislature of the State of Arizona:

Section 1.  Repeal

Section 49-191, Arizona Revised Statutes, is repealed.

Sec. 2.  Title 49, chapter 1, article 6, Arizona Revised Statutes, is amended by adding a new section 49-191, to read:

START_STATUTE49-191.  Climate action plan; greenhouse gas emissions; rules; limits

A.  THE DEPARTMENT SHALL REQUIRE by rule THE REPORTING AND VERIFICATION OF STATEWIDE GREENHOUSE GAS EMISSIONS AND THE SOURCE AND CATEGORIES OF SOURCEs OF EMISSIONS.  The department shall adopt rules that INCLUDE requirements FOR THE DEPARTMENT TO MONITOR AND ENFORCE COMPLIANCE WITH THIS SECTION.

B.  On or before September 1, 2021, AFTER at least ONE PUBLIC WORKSHOP WITH PUBLIC NOTICE AND AN OPPORTUNITY FOR ALL INTERESTED PARTIES TO COMMENT, THE DEPARTMENT SHALL:

1.  DETERMINE THE STATEWIDE GREENHOUSE GAS EMISSIONS LEVEL IN CALENDAR YEAR 1990.

2.  ESTABLISH MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST‑EFFECTIVE GREENHOUSE GAS EMISSIONS LIMITS.  At a MINIMUM, the limits shall achieve THE FOLLOWING:

(a)  A 2050 STATEWIDE GREENHOUSE GAS EMISSIONS LIMIT THAT IS AT LEAST ninety percent BELOW THE 1990 LEVEL.

(b)  AN INTERIM 2040 EMISSIONS LIMIT THAT SHALL MAXIMIZE THE ABILITY OF THis STATE TO MEET THE 2050 EMISSIONS LIMIT.

(c)  A 2030 STATEWIDE EMISSIONS LIMIT THAT IS AT LEAST fifty PERCENT BELOW THE 1990 LEVEL.

C.  On or before September 1, 2022, AFTER at least ONE PUBLIC WORKSHOP WITH PUBLIC NOTICE AND AN OPPORTUNITY FOR ALL INTERESTED PARTIES TO COMMENT, THE DEPARTMENT SHALL PREPARE AND ADOPT A PLAN FOR ACHIEVING THE LIMITS AND INTERIM LIMITS prescribed by subsection b of this section.  The plan shall be ESTABLISHED by rule and SHALL BE UPDATED EVERY FIVE YEARS.

D.  THE DEPARTMENT MAY ADOPT Rules that ESTABLISH A SYSTEM OF mARKET-BASED DECLINING ANNUAL AGGREGATE EMISSIONs LIMITS FOR SOURCES OR CATEGORIES OF SOURCES THAT EMIT GREENHOUSE GASes, and tHAT THE DEPARTMENT DETERMINES WILL ACHIEVE THE MAXIMUM TECHNOLOGICALLY FEASIBLE AND COST‑EFFECTIVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS IN THE AGGREGATE FROM THOSE SOURCES OR CATEGORIES OF SOURCES.

E.  THE DEPARTMENT SHALL MONITOR COMPLIANCE WITH AND ENFORCE ANY RULE, ORDER, EMISSIONs LIMIT, EMISSIONS REDUCTION MEASURE OR MARKET-BASED COMPLIANCE MECHANISM ADOPTED PURSUANT TO THIS section.

F.  THE DEPARTMENT SHALL ENSURE THAT THE GREENHOUSE GAS EMISSIONs REDUCTION RULES, PROGRAMS, MECHANISMS AND INCENTIVES ADOPTED pursuant to this section, as applicaBLE AND TO THE EXTENT FEASIBLE, DIRECT PUBLIC AND PRIVATE INVESTMENT TOWARD RURAL, LOW–INCOME, LOW TO MODERATE–INCOME AND MINORITY COMMUNITIES IN this state AND PROVIDE AN OPPORTUNITY FOR SMALL BUSINESSES, SCHOOLS, AFFORDABLE HOUSING ASSOCIATIONS AND OTHER COMMUNITY INSTITUTIONS TO PARTICIPATE IN AND BENEFIT FROM STATEWIDE EFFORTS TO REDUCE GREENHOUSE GAS EMISSIONS.

G.  IN implementing this section, THE DEPARTMENT SHALL do all of the following:

1.  CONSULT WITH ALL STATE AGENCIES WITH JURISDICTION OVER SOURCES OF GREENHOUSE GASES, INCLUDING THE CORPORATION COMMISSION, ON ALL ELEMENTS OF ITS PLAN THAT PERTAIN TO ENERGY-RELATED MATTERS, INCLUDING ELECTRICAL GENERATION, LOAD-BASED STANDARDS OR REQUIREMENTS, THE PROVISION OF RELIABLE AND AFFORDABLE ELECTRICAL SERVICE, PETROLEUM REFINING AND STATEWIDE FUEL SUPPLIES, TO ENSURE that THE GREENHOUSE GAS EMISSIONS REDUCTION ACTIVITIES TO BE ADOPTED AND IMPLEMENTED BY THE DEPARTMENT ARE COMPLEMENTARY, NON-DUPLICATIVE AND CAN BE IMPLEMENTED IN AN EFFICIENT AND COST-EFFECTIVE MANNER.

2.  DESIGN THE RuleS, INCLUDING DISTRIBUTION OF EMISSIONS ALLOWANCES WHERE APPROPRIATE, IN A MANNER THAT IS EQUITABLE, SEEKS TO MINIMIZE COSTS AND MAXIMIZE THE TOTAL BENEFITS TO THis STATE AND ENCOURAGES EARLY ACTION TO REDUCE GREENHOUSE GAS EMISSIONS.

3.  ENSURE THAT ACTIVITIES UNDERTAKEN TO COMPLY WITH rules adopted by the department DO NOT DISPROPORTIONATELY IMPACT RURAL, LOW–INCOME, LOW TO MODERATE–INCOME OR MINORITY COMMUNITIES.

4.  ENSURE THAT ENTITIES THAT HAVE VOLUNTARILY REDUCED THEIR GREENHOUSE GAS EMISSIONS before THE IMPLEMENTATION OF THIS SECTION RECEIVE APPROPRIATE CREDIT FOR EARLY VOLUNTARY REDUCTIONS.

5.  ENSURE THAT ACTIVITIES UNDERTAKEN PURSUANT TO THE Rules COMPLEMENT AND DO NOT INTERFERE WITH EFFORTS TO ACHIEVE AND MAINTAIN FEDERAL AND STATE AMBIENT AIR QUALITY STANDARDS AND TO REDUCE TOXIC AIR CONTAMINANT EMISSIONS.

6.  CONSIDER OVERALL SOCIETAL BENEFITS, INCLUDING REDUCTIONS IN OTHER AIR POLLUTANTS, DIVERSIFICATION OF ENERGY SOURCES AND OTHER BENEFITS TO THE ECONOMY, the ENVIRONMENT AND PUBLIC HEALTH.

7.  MINIMIZE THE ADMINISTRATIVE BURDEN OF IMPLEMENTING AND COMPLYING WITH THESE Rules.

8.  MINIMIZE the occurrence of REDUCTIONS IN GREENHOUSE GAS EMISSIONS IN THis STATE THAT ARE OFFSET BY INCREASES IN EMISSIONS OF GREENHOUSE GASES OUTSIDE OF THis STATE.

9.  CONSIDER THE SIGNIFICANCE OF THE CONTRIBUTION OF EACH SOURCE OR CATEGORY OF SOURCES TO STATEWIDE EMISSIONS OF GREENHOUSE GASES.

10.  CONSULT WITH OTHER STATES, THE FEDERAL GOVERNMENT AND OTHER NATIONS TO IDENTIFY THE MOST EFFECTIVE STRATEGIES AND METHODS TO REDUCE GREENHOUSE GASES, MANAGE GREENHOUSE GAS CONTROL PROGRAMS AND FACILITATE THE DEVELOPMENT OF INTEGRATED AND COST-EFFECTIVE REGIONAL, NATIONAL AND INTERNATIONAL GREENHOUSE GAS REDUCTION PROGRAMS.

11.  EVALUATE THE BEST AVAILABLE SCIENTIFIC, TECHNOLOGICAL AND ECONOMIC INFORMATION ON GREENHOUSE GAS EMISSIONS.

12.  MAXIMIZE OPPORTUNITIES FOR WORKERS AND COMMUNITIES THAT MAY LOSE EMPLOYMENT OPPORTUNITIES as a result of greenhouse gas emissions reductions.

13.  ENSURE that JOB OPPORTUNITIES CREATED THROUGH ACTIVITIES UNDERTAKEN PURSUANT TO THIS section ARE SHARED GEOGRAPHICALLY AND DEMOGRAPHICALLY.

H.  all STATE AGENCIES INVOLVED IN IMPLEMENTING THIS section SHALL ASSESS AND IMPLEMENT STRATEGIES TO INCREASE EMPLOYMENT OPPORTUNITIES AND IMPROVE JOB QUALITY THROUGH THE ACTIVITIES UNDERTAKEN PURSUANT TO THIS section.  Within six months after thE EFFECTIVE DATE OF THIS section, ALL STATE AGENCIES SHALL REPORT TO THE LEGISLATURE ON measures THEY ARE TAKING TO ENSURE COMPLIANCE WITH THIS SECTION.

I.  All PERMITS, LICENSES, Rules AND CONTRACTS UNDERTAKEN PURSUANT TO THIS section THAT ARE PUBLIC WORKS AS DEFINED IN law, PROJECTS that receive more than $100,000 IN TOTAL FINANCIAL ASSISTANCE FROM THis STATE AND PRIVATELY FINANCED PROJECTS ON PUBLICly owned PROPERTY SHALL INCLUDE:

1.  LABOR HARMONY POLICIES.

2.  DISPUTE RESOLUTION MECHANISMS.

3.  SAFETY POLICIES AS REQUIRED by state LAW.

4.  WORKERS' COMPENSATION INSURANCE.

5.  APPRENTICESHIPS PROGRAMS APPROPRIATE FOR THE TRADES IN WHICH WORK IS BEING PERFORMED.

J.  All work performed as PRESCRIBED by subsection I of this section is SUBJECT TO the CURRENT PREVAILING WAGE LAW. END_STATUTE