Kentucky Statutes 224.20-145 – Conditions under which cabinet may propose or submit a plan establishing carbon dioxide emission reduction performance standards for existing fossil fuel-fired electric generating units — Administrative regulations — …
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(1) The cabinet shall not propose or submit to the United States Environmental Protection Agency any plan establishing performance standards for existing fossil fuel-fired electric generating units unless the plan is:
(a) Consistent with KRS § 224.20-140 to KRS § 224.20-146; and
(b) Prepared in consultation with the Kentucky Public Service Commission to ensure that the plan:
1. Minimizes the impacts on current and future industrial, commercial, and residential consumers; and
2. Does not threaten the affordability of Kentucky’s rates or the reliability of electricity service.
(2) The cabinet shall promulgate administrative regulations for the establishment and implementation of any state plan to regulate emissions of carbon dioxide emissions from existing fossil fuel-fired electric generating units under 42 U.S.C. sec.
7411(d).
(3) Any state plan established by the cabinet to regulate emissions of carbon dioxide pursuant to KRS § 224.20-140 to KRS § 224.20-146 shall have no legal effect if:
(a) The United States Environmental Protection Agency:
1. Fails to issue federal rules or guidelines for reducing carbon dioxide emissions from existing fossil fuel-fired electric generating units under
42 U.S.C. § 7411(d); or
2. Withdraws its federal rules or guidelines for reducing carbon dioxide emissions from existing fossil fuel-fired electric generating units; or
(b) A court of competent jurisdiction invalidates the United States Environmental Protection Agency’s federal rules or guidelines issued to regulate emissions of carbon dioxide from existing fossil fuel-fired electric generating units.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 18, sec. 7, effective July 15, 2014.
(a) Consistent with KRS § 224.20-140 to KRS § 224.20-146; and
Terms Used In Kentucky Statutes 224.20-145
- Cabinet: means the Energy and Environment Cabinet. See Kentucky Statutes 224.1-010
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Prepared in consultation with the Kentucky Public Service Commission to ensure that the plan:
1. Minimizes the impacts on current and future industrial, commercial, and residential consumers; and
2. Does not threaten the affordability of Kentucky’s rates or the reliability of electricity service.
(2) The cabinet shall promulgate administrative regulations for the establishment and implementation of any state plan to regulate emissions of carbon dioxide emissions from existing fossil fuel-fired electric generating units under 42 U.S.C. sec.
7411(d).
(3) Any state plan established by the cabinet to regulate emissions of carbon dioxide pursuant to KRS § 224.20-140 to KRS § 224.20-146 shall have no legal effect if:
(a) The United States Environmental Protection Agency:
1. Fails to issue federal rules or guidelines for reducing carbon dioxide emissions from existing fossil fuel-fired electric generating units under
42 U.S.C. § 7411(d); or
2. Withdraws its federal rules or guidelines for reducing carbon dioxide emissions from existing fossil fuel-fired electric generating units; or
(b) A court of competent jurisdiction invalidates the United States Environmental Protection Agency’s federal rules or guidelines issued to regulate emissions of carbon dioxide from existing fossil fuel-fired electric generating units.
Effective: July 15, 2014
History: Created 2014 Ky. Acts ch. 18, sec. 7, effective July 15, 2014.