MISSISSIPPI LEGISLATURE
2015 Regular Session
To: Public Utilities
By: Representative Beckett
AN ACT TO CREATE THE RELIABLE AND AFFORDABLE ELECTRICITY FOR MISSISSIPPI ACT; TO PROVIDE THAT THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY, IN DEVELOPING ANY STATE PLAN FOR REGULATING CARBON DIOXIDE EMISSIONS FROM COVERED ELECTRIC GENERATING UNITS, SHALL PREPARE A REPORT AND PROVIDE THE STATE PLAN AND REPORT TO THE LEGISLATURE FOR RECOMMENDATION; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. For purposes of this act the following words shall have the following meanings, unless the context clearly indicates otherwise:
(a) "Covered electric generating unit" means an existing fossil fuel-fired electric generating unit within the state that is subject to regulation under the federal emission guidelines.
(b) "EPA" means the United States Environmental Protection Agency.
(c) "MDEQ" means the Missisippi Department of Environmental Quality.
(d) "Federal emission guidelines" means any final rules, regulations, guidelines or other requirements that the EPA may adopt for regulating carbon dioxide emissions from covered electric generating units under Section 111(d) of the federal Clean Air Act.
(e) "State" means Mississippi.
(f) "State plan" means any plan to establish and enforce carbon dioxide emission control measures that the MDEQ may adopt to implement the obligations of the state under the federal emission guidelines.
SECTION 2. In developing any state plan for regulating carbon dioxide emissions from covered electric generating units, the MDEQ shall prepare a report that assesses the effects of the state plan on:
(1) The electric power sector, including:
(a) The ability of the state to provide affordable electricity through diversified sources of electricity generation;
(b) The type and amount of electric generating capacity within the state that is likely to retire or switch to another fuel;
(c) Stranded investment in electric generating capacity and other infrastructure;
(d) The amount of investment necessary to offset retirements of electric generating capacity and maintain generation reserve margins;
(e) Potential risks to electric reliability within the state, including resource adequacy risks and transmission constraints; and
(f) The amount by which retail electricity prices within the state are forecast to increase.
(2) Electricity consumers within the state, including any disproportionate impacts of electricity and other energy price increases on middle-income and lower-income households.
(3) Employment within the state, including direct and indirect employment effects and jobs lost within affected sectors of the state's economy.
(4) Economic development within the state, including effects of manufacturing, commercial and other sectors of the state's economy.
(5) The competitive position of the state relative to neighboring states and other economic competitors.
(6) State and local governments, including potential impacts resulting from changes in tax revenues.
(7) State law, including any new laws necessary to implement the state plan.
SECTION 3. The MDEQ shall not submit to EPA any state plan until the Senate and House of Representatives have been provided a copy of the state plan and the accompanying report and had an opportunity to hold a hearing in accordance with Section 5 of this act.
SECTION 4. (1) Not later than fifteen (15) days from the date of adoption of any state plan, the MDEQ shall transmit to the Senate and House of Representatives a copy of the state plan and the accompanying report developed in accordance with
Section 3 of this act.
(2) Upon receiving the state plan and accompanying report
transmitted under subsection (1) of this section, the Senate and House of Representatives may hold a hearing to review and discuss and provide recommendations to MDEQ regarding the state plan. The MDEQ may submit a revised version of the state plan, with an accompanying revised report, to the Legislature based on its recommendations.
SECTION 5. This act shall take effect and be in force from and after July 1, 2015.