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ALEC Legislation in Virginia: Environment

 

HR72 and SR 29: Resolution opposing EPA regulation of greenhouse gases

This model resolution from ALEC was introduced in at least 8 states in 2011. James Morefield, who sponsored the Virginia version, "took the EPA resolution verbatim from the ALEC website after it had been presented to him by the coal industry." (LA Times)

  • Sponsors: Delegates Morefield, Bell, Richard P., Carrico, Crockett-Stark, Edmunds, Johnson, Kilgore, Marshall, R.G. and Phillips, Senators Puckett and Wampler
  • Status: Failed

Virginia resolution memorializing the Congress of the United States to address the proposed regulations of the Environmental Protection Agency in regards to greenhouse gas emissions.

 

ALEC's Resolution opposing EPA's regulatory train wreck

 

WHEREAS, the United States Environmental Protection Agency (EPA) has proposed or is proposing numerous new regulations, particularly in the area of air quality and regulation of greenhouse gases, that are likely to have major effects on the economy, jobs, and U.S. competitiveness in worldwide markets; and

 

WHEREAS, EPA's regulatory activity as to air quality and greenhouse gases has become known as the "train wreck," because of the numerous and overlapping requirements and because of the potentially devastating consequences this regulatory activity may have on the economy; and

 

WHEREAS, concern is growing that, with cap-and-trade legislation having failed in Congress, EPA is attempting to obtain the same results through the adoption of regulations; and

 

WHEREAS: The United States Environmental Protection Agency (EPA) has proposed or is proposing numerous new regulations, particularly in the area of air quality and regulation of greenhouse gases, that are likely to have major effects on the economy, jobs, and U.S. competitiveness in worldwide markets; and

 

WHEREAS: EPA's regulatory activity as to air quality and greenhouse gases has become known as the "train wreck," because of the numerous and overlapping requirements and because of the potentially devastating consequences this regulatory activity may have on the economy; and

 

WHEREAS: Concern is growing that, with cap-and-trade legislation having failed in Congress, EPA is attempting to obtain the same results through the adoption of regulations;

 

WHEREAS, EPA over-regulation is driving jobs and industry out of America; and

 

WHEREAS, neither EPA nor the Administration has undertaken any comprehensive study of what the cumulative effect of all this new regulatory activity will be on the economy, jobs, and competitiveness; and

 

WHEREAS, EPA has not performed any comprehensive study of what the environmental benefits of its greenhouse gas regulation will be in terms of impacts on global climate; and

 

WHEREAS, state agencies are routinely required to identify the costs of their regulations and to justify those costs in light of the benefits; and

 

WHEREAS: EPA over-regulation is driving jobs and industry out of America;

 

 

WHEREAS: neither EPA nor the Administration has undertaken any comprehensive study of what the cumulative effect of all this new regulatory activity will be on the economy, jobs, and competitiveness;

 

WHEREAS: EPA has not performed any comprehensive study of what the environmental benefits of its greenhouse gas regulation will be in terms of impacts on global climate;

 

WHEREAS: state agencies are routinely required to identify the costs of their regulations and to justify those costs in light of the benefits; 

 

WHEREAS, since EPA has identified "taking action on climate change and improving air quality" as its first strategic goal for the 2011 - 2015 time period, EPA should be required to identify the specific actions it intends to take to achieve these goals and to assess the total cost of all these actions together; and

 

WHEREAS, the House of Delegates supports continuing improvements in the quality of the nation's air and believes that such improvements can be made in a sensible fashion without damaging the economy so long as there is a full understanding of the cost of the regulations at issue; and

 

WHEREAS, the primary goal of government at the present time must be to promote economic recovery and to foster a stable and predictable business environment that will lead to the creation of jobs; and

 

WHEREAS: since EPA has identified "taking action on climate change and improving air quality" as its first strategic goal for the 2011 - 2015 time period, EPA should be required to identify the specific actions it intends to take to achieve these goals and to assess the total cost of all these actions together;

 

WHEREAS, the Legislature supports continuing improvements in the quality of the nation's air and believes that such improvements can be made in a sensible fashion without damaging the economy so long as there is a full understanding of the cost of the regulations at issue;

 

WHEREAS: the primary goal of government at the present time must be to promote economic recovery and to foster a stable and predictable business environment that will lead to the creation of jobs;

WHEREAS, public health and welfare will suffer without significant new job creation and economic improvement because people with good jobs are better able to take care of themselves and their families than the unemployed and because environmental improvement is only possible in a society that generates wealth;

 

 now, therefore, be it

 

RESOLVED by the House of Delegates, That the Congress of the United States be urged to address the proposed regulations of the Environmental Protection Agency in regards to greenhouse gas emissions by:

 

 

WHEREAS: public health and welfare will suffer without significant new job creation and economic improvement because people with good jobs are better able to take care of themselves and their families than the unemployed and because environmental improvement is only possible in a society that generates wealth;

 

 

 

THEREFORE BE IT RESOLVED, that the legislature calls on Congress:

 

 

1. Adopting legislation prohibiting EPA by any means necessary from regulating greenhouse gas emissions, including if necessary defunding EPA greenhouse gas regulatory activities;

 

2. Imposing a moratorium on promulgation of any new air quality regulation by EPA by any means necessary, except to directly address an imminent health or environmental emergency, for a period of at least two years, including defunding EPA air quality regulatory activities; and

 

3. Requiring the Administration to undertake a study identifying all regulatory activity that EPA intends to undertake in furtherance of its goal of "taking action on climate change and improving air quality" and specifying the cumulative effect of all of these regulations on the economy, jobs, and American economic competitiveness. This study should be a multiagency study drawing on the expertise of both the EPA and of agencies and departments having expertise in and responsibility for the economy and the electric system and should provide an objective cost-benefit analysis of all of EPA's current and planned regulation together; and, be it

 

1. To adopt legislation prohibiting EPA by any means necessary from regulating greenhouse gas emissions, including if necessary defunding EPA greenhouse gas regulatory activities;

 

2. Imposing a moratorium on promulgation of any new air quality regulation by EPA by any means necessary, except to directly address an imminent health or environmental emergency, for a period of at least two years, including defunding EPA air quality regulatory activities;

 

3. Requiring the Administration to undertake a study identifying all regulatory activity that EPA intends to undertake in furtherance of its goal of "taking action on climate change and improving air quality" and specifying the cumulative effect of all of these regulations on the economy, jobs, and American economic competitiveness. This study should be a multiagency study drawing on the expertise of both the EPA and of agencies and departments having expertise in and responsibility for the economy and the electric system and should provide an objective cost-benefit analysis of all of EPA's current and planned regulation together

 

RESOLVED FURTHER, That the Clerk of the House of Delegates transmit copies of this resolution to the Speaker of the United States House of Representatives, the President of the United States Senate, and the members of the Virginia Congressional Delegation so that they may be apprised of the sense of the House of Delegates in this matter.

 

 

 

Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?111+ful+HR72

and http://leg1.state.va.us/cgi-bin/legp504.exe?111+ful+SR29

 

ALEC's model legislation: http://www.alec.org/AM/Template.cfm?Section=EPATrainWreck&Template=/CM /ContentDisplay.cfm&ContentID=15361

 

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SB 6011: Offshore Energy Revenue Fund

This 2008 legislation would create a separate fund for any revenues derived from offshore energy development. The language was copied and pasted from ALEC model legislation.

 

  • Sponsors: Wagner, Blevins, Cuccinelli, Hanger, Hurt, Martin, McDougle, Newman, Norment, Obenshain, Quayle, Ruff, Smith, Stosch, Stuart, Wampler and Watkins 
  • Status: Failed

 

Virginia's Offshore Energy Revenue Fund

 

ALEC's State Offshore Energy Revenue Fund

§ 67-1100.  Offshore Energy Revenue Fund created.

 

A. There is hereby created in the state treasury a special nonreverting fund to be known as the Offshore Energy Revenue Fund, hereafter referred to as the "Fund."  The Fund shall be established on the books of the Comptroller and interest earned on moneys in the Fund shall remain in the Fund and be credited to it.  Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.

 

 

B. The Comptroller shall transfer to the Fund at the close of each fiscal year all license fees, lease payments, royalties, and similar moneys paid by the federal government to the Commonwealth attributable to the development of energy resources in areas off the Commonwealth's Atlantic shore that are under federal jurisdiction.

 

C. For purposes of any appropriation act enacted by the General Assembly and for the purposes of the Comptroller's preliminary and final annual reports required by § 2.2-813, all deposits to and appropriations from the Fund shall be accounted for and considered to be a part of the general fund of the state treasury. 

 

 

 

 

A. There is hereby created in the state treasury a special nonreverting fund to be known as the State Offshore Energy Revenue Fund, hereafter referred to as the "Fund." The Fund shall be established on the books of the Comptroller and interest earned on moneys in the Fund shall remain in the Fund and be credited to it. Any moneys remaining in the Fund, including interest thereon, at the end of each fiscal year shall not revert to the general fund but shall remain in the Fund.

 

B. The Comptroller shall transfer to the Fund at the close of each fiscal year all license fees, lease payments, royalties, and similar moneys paid by the federal government to the state attributable to the development of energy resources in areas off the state's shore that are under federal jurisdiction.

 

 

C. For purposes of any appropriation act enacted by the General Assembly and for the purposes of the Comptroller's preliminary and final annual reports to the Governor, all deposits to and appropriations from the Fund shall be accounted for and considered to be a part of the general fund of the state treasury.

Virginia's bill: http://leg1.state.va.us/cgi-bin/legp504.exe?083+ful+SB6011

 

ALEC's model legislation: http://www.alecexposed.org/w/images/0/09/3E3-Offshore_Energy_Resources_Act_Exposed.pdf