House Bill 875

AN ACT TO REQUIRE THE MISSISSIPPI DEPARTMENT OF ENVIRONMENTAL QUALITY TO PREPARE A REPORT ASSESSING CERTAIN EFFECTS OF THE STATE IMPLEMENTATION PLAN REGARDING EXISTING STATIONARY ELECTRIC UTILITY GENERATING UNITS PRIOR TO PREPARING AND SUBMITTING SUCH PLAN; TO REQUIRE DEQ TO PROVIDE THE REPORT TO THE LEGISLATURE AND PLACE ON THE DEQ WEBSITE; TO REQUIRE DEQ TO PROVIDE AT LEAST 90 DAYS FOR PUBLIC COMMENTS REGARDING THE REPORT; TO REQUIRE DEQ TO CONSULT WITH CHAIRS OF THE APPROPRIATE LEGISLATIVE STANDING COMMITTEES; TO REQUIRE DEQ TO PUBLISH A FINAL NOTICE THAT INCLUDES A SUMMARY OF THE PUBLIC COMMENTS AND CONSULTATION WITH THE LEGISLATURE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Prior to preparing and submitting any State Implementation Plan to regulate carbon dioxide emissions from existing fossil fuel-fired electric utility generating units under Section 111(d) of the Federal Clean Air Act, the Mississippi Department of Environmental Quality shall prepare a report that assesses the effects of the plan on:

(a) The electric power sector, including:

(i) The ability of the state to provide affordable electricity through diversified sources of electricity generation;

(ii) The type and amount of electric generating capacity within the state that is likely to retire or switch to another fuel;

(iii) Stranded investment in electric generating capacity and other infrastructure;

(iv) The amount of investment necessary to offset retirements of electric generating capacity and maintain generation reserve margins;

(v) Potential risks to electric reliability within the state, including resource adequacy risks and transmission constraints; and

(vi) The amount that retail electricity prices within the state are forecast to increase.

(b) Electricity consumers within the state, including any disproportionate impacts of electricity and other energy price increases on middle-income and lower-income households.

(c) Employment within the state, including direct and indirect employment effects and jobs lost within affected sectors of the state's economy;

(d) Economic development within the state, including effects of manufacturing, commercial, and other sectors of the state's economy;

(e) The competitive position of the state relative to neighboring states and other economic competitors;

(f) State and local governments, including potential impacts resulting from changes in tax revenues; and

(g) State law, including any new laws necessary to implement the state plan.

(2) The report shall be provided to the Legislature and the public, and be posted in a prominent place on the Mississippi Department of Environmental Quality's website.

(3) DEQ shall provide at least ninety (90) days for public comments to be submitted about the report.

(4) DEQ shall consult with the chairs of the appropriate standing committees of the Legislature, including providing the chairs with copies of all public comments submitted.

(5) DEQ shall publish a final notice that includes a summary of the public comments and consultation, whether the agreement, memorandum or contract will be implemented, and any changes made as a result of the comments and consultation.

SECTION 2. This act shall take effect and be in force from and after its passage.