What other states are doing on Clean Air . . .

SERC Compilation on Existing State Law

In the past two years, proposals to substantially decrease nitrogen oxides, sulfur dioxide, mercury, and carbon dioxide have received increasing support. Federal legislation to reduce power plant pollutants was supported by fifteen Senators and 122 Congressional Representatives, including eighteen from the midwest.  Several states have passed or are considering power plant pollution reduction legislation or rules, including Texas, New Hampshire, New York, Massachusetts, Connecticutand Florida

Connecticut -- In 2001, HB 6365, the Power Plant Clean-Up bill, was introduced and partially passed into law (although the final version was watered down, the original version is linked to this site). The Power Plant Clean-Up bill requires the state’s oldest and dirtiest power plants to meet new source standards for sulfur dioxide by Dec. 2004. This is the first state law in the nation to force power plants built prior to the enactment of the Clean Air Act to abide by modern standards. Of particular note is the bill’s requirement for on-site clean-up of the SO2 emissions without the pollution credit trading system which was sought by the industry. Information about this bill can be viewed by running a search here.

New Hampshire -- HB 284 was signed into law in 2002. The bill establishes caps for emissions of sulfur dioxide, oxides of nitrogen, and carbon dioxide from existing fossil fuel-burning steam electric power plants. It permits the banking and trading of emissions reductions to achieve compliance with the caps. Compliance is not required of a plant that installs qualifying repowering technology or an eligible replacement unit. It is part of “ New Hampshire ’s Clean Power Strategy” wherein the state’s three fossil-fueled power plants will have a five-year window to reduce emissions of sulfur dioxide by 75%; nitrogen oxides by 70%; mercury by 75%; and carbon dioxide by 7% below 1990 levels.

Introduced State Legislation

Many states are voluntarily implementing programs, technologies, and policies that are resulting in GHG emission reductions. Twenty-five states and  Puerto Rico are working with EPA on action plans that identify cost-effective options for reducing GHG emissions or enhancing GHG sequestration. The action plans describe how the state can reduce their GHG emissions, the potential impacts of those reductions, and a voluntary implementation strategy.

In 2001, Governor George E. Pataki signed an executive order creating the New York State Greenhouse Gas Task Force to develop policy recommendations for greenhouse gas emissions and global warming. The Executive Order also requires State agencies to implement energy efficient practices and encourages alternative energy production.

In May 2002, Governor Jeanne Shaheen signed into law the Clean Power Act, landmark legislation that makes  New Hampshire the first state to legislatively require fossil fuel plants to reduce emissions of four pollutants, including carbon dioxide.

Oregon -- The first state in the nation to use its Capitol building to generate power from the sun in the spring of 2002.  Seventy-two photovoltaic cells were installed recently atop the west wing of the Capitol to convert sunlight into electricity. Energy generated from the Capitol is fed directly to the Portland General Electric's system.

Hawaii -- Representative Morita (D) of Hawaii introduced HB 195 on January 17, 2003 . The measure, titled the Power Emission Control Plan (or Pollution Clean Power, in the case of the Senate version), enacts the Clean Power Act to regulate power plants and control emissions of nitrogen oxide, sulfur dioxide, mercury, and carbon dioxide; requires the Department of Health to formulate a comprehensive emission control plan and to adopt rules; requires the Public Utilities Commission to adopt energy efficiency plan. Morita has also introduced HCR 175 , which requests the convening of an emissions task force to measure the state's power plant and motor vehicle emissions and develop comprehensive strategies to reduce emissions.

Maryland -- HB 380 prohibits specified investor-owned public utilities that own or operate specified coal-fired generating units from exceeding specified emissions limits for oxides of nitrogen and sulfur dioxide; allows specified investor-owned public utilities to determine their method of compliance; authorizes the Governor to enter into specified emissions allowances transfer agreements.

Massachusetts -- In 2001, HB 2211 was introduced. This aggressive bill addresses a myriad of issues as it recognizes electric power plants as major sources of air pollution, and the unequal pollution control standards between old and new facilities that unfairly favor dirtier facilities and subvert competition in electricity markets. By computing emissions rates, the bill proposes caps on carbon dioxide, nitrogen oxides, mercury, and sulfur dioxide with no option for tradable credits or credit banking, but providing the opportunity to sell excessive emission credits.

New Hampshire -- HCR 15 is New Hampshire ’s attempt to counter the EPA’s recent efforts to undermine portions of the Clean Air Act.

New York -- A 5933 provides for regulation of power plant emissions and sets performance standards for them; directs the Department of Environmental Conservation to implement air pollution standards for power plants regarding nitrogen oxide, sulfur dioxide, carbon dioxide, and mercury.

S 3172 directs the Department of Environmental Conservation to promulgate regulations reducing electric power plant emissions of various pollutants; provides for a mercury emissions cap; provides for submission of data by generators; does not supersede any other, more stringent requirements.

A 5577-B (2001) would enact regulations to achieve a 75% reduction in emissions of both SO2 and NOx by 2007. It also requires the state’s Department of Environmental Conservation to establish a cap on carbon dioxide by 2007 and directs the DEC to establish standards to eliminate the threat of mercury in the environment.

Rhode Island -- H. 5201 urges the federal government to block the implementation of United States Environmental Protection Agency rules which will weaken the new source review provision of the Clean Air Act; takes action to further restrict emissions from power plants.

Wisconsin -- In early 2002, Representative Mark Pocan and Senator Fred Risser introduced LRB 3122, the “State Clean Power Act.” This bill closes the legal loophole which allows older power plants to pollute at a rate much higher than new plants with modern emissions controls.

Introduced Federal Legislation

In 2001, the Clean Energy Act was introduced in the U.S. Senate by Jim Jeffords (I-VT) and Joseph Lieberman (D-CN). Often described as a “four-pollutant” bill, the Clean Power Act establishes a new, integrated approach to power plant clean-up. It would cut nitrogen oxide and sulfur dioxide emissions (the sources of smog, lung-clogging particulates and acid rain) 75 percent; slash mercury output 90 percent; and cut carbon dioxide emissions roughly 25 percent, reducing them to 1990 levels. Since this legislation has not passed at the federal level, it is up to the states to keep it alive.

This information comes in large part from information provided by the State Environmental Resource Center.    SERC mapped out the high road on eliminating dirty coal burning power plants, and we'd like to thank them for being  trailblazers on this issue. 

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