Bill Text: OH HB506 | 2013-2014 | 130th General Assembly | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: To require the Director of Environmental Protection to adopt rules establishing standards of performance for carbon dioxide emissions from existing coal-fired and natural gas-fired electric generating units and to specify factors on which the standards must be based.

Spectrum: Slight Partisan Bill (Republican 33-15)

Status: (Engrossed - Dead) 2014-06-09 - To Energy & Natural Resources [HB506 Detail]

Download: Ohio-2013-HB506-Comm_Sub.html

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As Reported by the House Agriculture and Natural Resources Committee

130th General Assembly Regular Session 2013-2014

Am. H. B. No. 506

Representatives Thompson, Cera 

Cosponsors: Representatives Grossman, Hill, Stebelton, Blessing, Hagan, C., Burkley, Barborak, Hall 

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A BILL

To enact section 3704.20 of the Revised Code to

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require the Director of Environmental Protection

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to adopt rules establishing standards of

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performance for carbon dioxide emissions from

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existing coal-fired and natural gas-fired electric

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generating units and to specify factors on which

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the standards must be based.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That section 3704.20 of the Revised Code be	8
enacted to read as follows:	9

Sec. 3704.20.  (A) If the United States environmental	10
protection agency adopts regulations or issues guidelines for	11
reducing carbon dioxide emissions from existing coal-fired or	12
natural gas-fired electric generating units under section 111(d)	13
of the federal Clean Air Act, the director of environmental	14
protection, in accordance with Chapter 119. of the Revised Code,	15
shall adopt rules establishing standards of performance for carbon	16
dioxide emissions from existing coal-fired electric generating	17
units in compliance with division (B) of this section and from	18
existing natural gas-fired electric generating units in compliance	19
with division (C) of this section to the maximum extent	20
permissible under the United States environmental protection	21
agency regulations or guidelines.	22

(B) Except as provided in division (D) of this section,	23
standards of performance for existing coal-fired electric	24
generating units shall be based on all of the following:	25

(1) The best system of emission reduction that, taking into	26
account the cost of achieving that reduction and any non-air	27
quality health and environmental impact and energy requirements,	28
has been adequately demonstrated for coal-fired electric	29
generating units that are subject to the standards of performance;	30

(2) Reductions in emissions of carbon dioxide that can	31
reasonably be achieved through measures undertaken at each	32
coal-fired electric generating unit;	33

(3) Efficiency and other measures that can be undertaken at	34
each coal-fired electric generating unit to reduce carbon dioxide	35
emissions from the unit without changing from coal to other	36
lower-carbon fuels, co-firing other fuels with coal, or limiting	37
the economic utilization of the unit.	38

(C) Except as provided in division (D) of this section,	39
standards of performance for existing natural gas-fired electric	40
generating units shall be based on all of the following:	41

(1) The best system of emission reduction that, taking into	42
account the cost of achieving that reduction and any non-air	43
quality health and environmental impact and energy requirements,	44
has been adequately demonstrated for natural gas-fired electric	45
generating units that are subject to the standards of performance;	46

(2) Reductions in emissions of carbon dioxide that can	47
reasonably be achieved through measures undertaken at each natural	48
gas-fired electric generating unit;	49

(3) Efficiency and other measures that can be undertaken at	50
each natural gas-fired electric generating unit to reduce carbon	51
dioxide emissions from the unit without changing from natural gas	52
to other lower-carbon fuels or limiting the economic utilization	53
of the unit.	54

(D) In establishing a standard of performance for an existing	55
coal-fired or natural gas-fired electric generating unit, the	56
director shall consider whether to adopt less stringent standards	57
or longer compliance schedules than those established in	58
applicable federal regulations or guidelines based on all of the	59
following:	60

(1) Consumer impacts, including any disproportionate impacts	61
of energy price increases on lower income populations;	62

(2) Unreasonable costs of reducing emissions resulting from	63
plant age, location, or basic process design;	64

(3) Physical difficulties with or the impossibility of	65
implementing emission reduction measures;	66

(4) The absolute cost of applying the performance standard to	67
the unit;	68

(5) The expected remaining useful life of the unit;

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(6) Impacts of closing the unit, including economic impacts	70
such as expected job losses, if the unit is unable to comply with	71
the performance standard;	72

(7) Impacts on the reliability of the state's electrical	73
grid;	74

(8) All actual reductions in carbon dioxide emissions	75
beginning January 1, 2005;	76

(9) Any other factors specific to the unit that make	77
application of a less stringent standard or longer compliance	78
schedule more reasonable.	79

(E) The director may implement, to the maximum extent	80
permissible, the standards of performance established in rules	81
adopted under this section through mechanisms that provide	82
flexibility in complying with the standards.	83

(F) Any plan establishing standards of performance for	84
existing coal-fired or natural gas-fired electric generating units	85
developed under this section shall be prepared in consultation	86
with the public utilities commission of Ohio created in Chapter	87
4901. of the Revised Code, the Ohio air quality development	88
authority created in Chapter 3706. of the Revised Code, and any	89
other relevant agency to ensure that the plan does not threaten	90
the affordability of electric power to all classes of electricity	91
consumers, takes full advantage of the federal Clean Air Act to	92
minimize impacts to the cost and reliability of electricity, and	93
minimizes the impacts on current and future industrial,	94
commercial, and residential consumers.	95

(G) The director shall consider the provisions of this	96
section, to the extent practicable, in the development of a plan	97
to be submitted to the United States environmental protection	98
agency under section 111(d) of the federal Clean Air Act.	99

(H) Any plan establishing standards of performance for	100
existing coal-fired or natural gas-fired electric generating units	101
developed under this section ceases to operate if applicable	102
regulations adopted or guidelines issued by the United States	103
environmental protection agency under section 111(d) of the	104
federal Clean Air Act are withdrawn by the agency or invalidated	105
by a court.	106