Revision: Feb. 1, 2011, midnight
HB 519-FN – AS INTRODUCED
2011 SESSION
09/10
HOUSE BILL 519-FN
AN ACT repealing New Hampshire’s regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.
SPONSORS: Rep. R. Barry, Hills 19; Rep. Kurk, Hills 7; Rep. Mirski, Graf 10; Rep. Manuse, Rock 5; Rep. L. Vita, Straf 3; Sen. Forsythe, Dist 4; Sen. De Blois, Dist 18; Sen. White, Dist 9
COMMITTEE: Science, Technology and Energy
This bill repeals New Hampshire’s regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0475
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT repealing New Hampshire’s regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Findings. The general court finds that:
I. There has been no credible economic analysis of the costs associated with carbon dioxide emissions reduction mandates and the consequential effect of the increased costs of doing business in New Hampshire.
II. Businesses, industries, and food producers have been forced to reduce carbon dioxide emissions as a result of government mandates and cap and trade policies through the regional greenhouse gas initiative, which has increased the cost of doing business, pushed companies to do business with other states or nations, and increased consumer costs for electricity, fuel, and food.
III. The Congressional Budget Office warns that the cost of cap and trade policies will be borne by consumers and will place a disproportionately high burden on poorer families.
IV. Simply reducing carbon dioxide emissions in New Hampshire will not have a significant impact on international carbon dioxide emissions reduction, especially while countries like China, Russia, Mexico, and India emit an ever-increasing amount of carbon dioxide into the atmosphere.
V. Economic growth has been and will be sacrificed for a reduction in carbon dioxide emissions that would have no appreciable impact on global concentrations of carbon dioxide.
VI. No state or nation has enhanced economic opportunities for its citizens or increased gross domestic product through cap and trade programs or other carbon dioxide emissions reduction policies.
VII. Europe’s cap and trade system has been undermined by political favoritism and accounting tricks and has failed to achieve its carbon dioxide emissions reduction targets.
VIII. Therefore, New Hampshire’s regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions should be repealed.
2 New Paragraph; Energy Efficiency; Renewable Energy, and Conservation and Load Management Incentive. Amend RSA 125-O:5 by inserting after paragraph III the following new paragraph:
IV. For expenditures made by PSNH independent of SBC funds for energy efficiency, new renewable energy projects, or conservation and load management, the department shall provide emissions allowances to PSNH equivalent to the amount of such allowances that could have been purchased at market prices by the same dollar amount as the expenditure made. Such expenditures shall be consistent with the core energy efficiency programs approved by the public utilities commission or other programs acceptable to the department and shall, to the greatest extent practicable, result in immediate, demonstrable energy improvements.
3 Powers and Duties of Commissioner; Reference Deleted. Amend RSA 125-O:6, I to read as follows:
I. Develop a trading and banking program to provide appropriate compliance flexibility in meeting the emission caps established under RSA 125-O:3, III [and allowance requirements of RSA 125-O:21 and RSA 125-O:22], and to encourage earlier and greater emissions reductions and the development of new emission control technologies in order to maximize the cost-effectiveness with which the environmental benefits of this chapter are achieved.
4 Rulemaking Authority. Amend RSA 125-O:8 to read as follows:
125-O:8 Rulemaking Authority.
[I.] The commissioner shall adopt rules under RSA 541-A, commencing no later than 180 days after the effective date of this section, relative to:
[(a)] I. The establishment of trading and banking programs as authorized by RSA 125-O:6, I.
[(b)] II. The establishment of a method for allocating allowances and other emissions reduction units or mechanisms as authorized by RSA 125-O:3, II and III.
[(c)] III. Emissions [and allowance] monitoring, [tracking,] recordkeeping, reporting, and other such actions as may be necessary to verify compliance with this chapter.
[(d) The method and requirements for auctioning budget allowances under RSA 125-O:21, which may use regional organizations.
(e) Defining eligible projects for early reduction allowances under RSA 125-O:21, IV, and establishing criteria to quantify and grant such allowances.
(f) Defining eligible projects for offset allowances under RSA 125-O:21, V, and establishing criteria to quantify and grant such allowances, including the accreditation of third-party verifiers.
(g) The forms and information required on applications for a temporary or operating permit required under RSA 125-O:22.
II. The public utilities commission shall adopt rules, under RSA 541-A, to administer the greenhouse gas emissions reduction fund pursuant to RSA 125-O:23.]
5 Compliance Dates. Amend RSA 125-O:9 to read as follows:
125-O:9 Compliance Dates. The owner or operator of each affected source shall comply with the provisions of this chapter, excluding the subdivision on mercury emissions, RSA 125-O:11 through 125-O:18, [and the subdivision for CO2 emissions, RSA 125-O:19 through RSA 125-O:28,] by December 31, 2006.
6 Non-Severability. Amend RSA 125-O:10 to read as follows:
125-O:10 Non-Severability. No provision of [RSA 125-O:1 through RSA 125-O:18 of] this chapter shall be implemented in a manner inconsistent with the integrated, multi-pollutant strategy [or RSA 125-O:1 through RSA 125-O:18] of this chapter, and to this end, the provisions of [RSA 125-O:1 through RSA 125-O:18 of] this chapter are not severable.
7 Energy Consumption Reductions Goals: Reports; Reference to Board Deleted. Amend RSA 21-I:14-c to read as follows:
III. Beginning in calendar year 2012, the commissioner shall submit an annual report to be made available to the public on or before December 1 compiling the annual reports submitted under paragraph II, with findings on the departments’ annual progress in complying with the energy consumption reduction goal established in paragraph I and problems which may prevent the departments from achieving this goal, to [the energy efficiency and sustainable energy board established under RSA 125-O:5-a,] the governor, the senate president, the speaker of the house of representatives, the chair of the senate energy, environment and economic development committee and the chair of the house science, technology and energy committee.
8 Lapse of Funds. Moneys in the greenhouse gas emissions reduction fund on June 30, 2011 shall lapse to the general fund.
9 Repeal. The following are repealed:
I. RSA 6:12, I(b)(272), relative to moneys deposited in the greenhouse gas emissions reduction fund.
II. RSA 125-O:3, III(d), relative to carbon dioxide cap.
III. RSA 125-O:5-a, relative to the energy efficiency and sustainable energy board.
IV. RSA 125-O:19 through 125-O:28, relative to the regional greenhouse gas initiative.
10 Effective Date. This act shall take effect July 1, 2011.
LBAO
11-0475
01/18/11
HB 519-FN - FISCAL NOTE
AN ACT repealing New Hampshire’s regional greenhouse gas initiative cap and trade program for controlling carbon dioxide emissions.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.