MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Environment Prot, Cons and Water Res

By: Senator(s) Burton, Hawks, Kirby

AN ACT TO CREATE A NEW CODE SECTION TO PROHIBIT THE COMMISSION ON ENVIRONMENTAL QUALITY FROM ADOPTING OR PROMULGATING ANY RULE RELATED TO GREENHOUSE GAS EMISSIONS AS DEFINED BY THE KYOTO PROTOCOL UNTIL RATIFIED BY THE U.S. SENATE; TO PROVIDE FOR EXCEPTIONS TO THAT PROHIBITION; TO PROHIBIT THE COMMISSION ON ENVIRONMENTAL QUALITY OR THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY FROM SUBMITTING LEGALLY BINDING COMMITMENTS FOR THE REDUCTION OF GREENHOUSE GASES; AND FOR RELATED PURPOSES.

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

SECTION 1. (1) For the purposes of this act, "Kyoto Protocol" means the protocol to expand the scope of the 1992 United Nations Framework Convention on Global Climate Change that was negotiated in December 1997 in Kyoto, Japan.

(2) Except as provided in subsection (4) of this section, the Commission on Environmental Quality shall not promulgate or adopt any new rule for the intended purpose of addressing the adverse effects of climate change that in whole or in part reduces emissions of greenhouse gases, as those gases are defined by the Kyoto Protocol, from the residential, commercial, industrial, electric utility or transportation sectors until the Kyoto Protocol is ratified by the United States Senate. The Commission on Environmental Quality or the Executive Director of the Mississippi Department of Environmental Quality shall not submit to the United States Environmental Protection Agency or to any other agency of the federal government any legally enforceable commitments related to the reduction of greenhouse gases, as those gases are defined by the Kyoto Protocol.

(3) Nothing in this section shall be construed to limit or to impede private participation in any on-going voluntary initiatives to reduce emissions of greenhouse gases, including, but not limited to, the United States Environmental Protection Agency's Green Lights program, the United States Department of Energy's Climate Challenge program, and similar state and federal initiatives relying on voluntary participation; provided, however, that such participation does not involve any allocation or other distribution of greenhouse gas emission entitlements under the Kyoto Protocol.

(4) The commission may adopt or promulgate a new rule which affects emissions of greenhouse gases, as those gases are defined by the Kyoto Protocol, from the residential, commercial, industrial, electric utility or transportation sectors if:

(a) The rule is required by the United States Environmental Protection Agency to be adopted as a condition of maintaining delegation of programs under the federal Clean Air Act, as amended; or

(b) The rule addresses conditions causing or contributing to non-attainment of the National Ambient Air Quality Standards in any area of the state designated or proposed to be designated as a non-attainment area.

SECTION 2. This act shall take effect and be in force from and after its passage and shall be repealed upon ratification of the Kyoto Protocol by the United States Senate or upon ratification by the United States Congress authorizing reduction of emissions of greenhouse gases, as defined in the Kyoto Protocol for the purpose of addressing the adverse effects of climate change.