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INTERSTATE OZONE TRANSPORT OVERSIGHT ACTSummary
A bill requiring public hearings and legislative review of any
proposed interstate agreement related to the atmospherictransport
of ozone, where such agreement contains emission control
requirements in addition to those specified by TitlesI, II, or IV
of the Clean Air Act Amendments of 1990,42 U.S.C. 7651f. Providing
for the submission of legislative findingsand recommendations to
the Governor concerning any proposed interstate agreement related
to the transport of ozone.[Optional: Requiring certain studies of
the economic, employment, and competitive impacts of any proposed
interstateagreement related to the transport of ozone.][Optional:
Requiring certain studies of the economic impacts o f
existingagreements related to the interstate transport of
ozone.]
Model LegislationSection 1. (Short Title} This Act may be
referred to as the Interstate Ozone Transport Oversight ActSection
2. (Findings} The (Insert Chamber) of the State of {Znserl State)
hereby finds that:A. The Federal Clean Air Act, as amended, 42
U.S.C. 7401 et seq., contains acomprehensive regulatory scheme
for the control of emissions from mobile and stationary sources,
which will improve ambient air quality and healthand welfare in all
parts of the nation.B. The number of areasunable to meet national
ambient air quality standards for ozone has been declining
steadilyand will continue to decline with air quality improvements
resulting from implementation of the Clean Air ActAmendments of
1990, and the mobile and stationary source emission con~ols
specified therein.C. Scientific research on the transport of
atmospheric ozone across state boundaries is proceeding under the
auspicesof the United States Environmental Protection Agency (EPA),
state agencies, and private entities, which research willlead to
improve scientific understanding of the causes and nature of ozone
transport, and emission control strategiespotentially applicable
thereto.D. The Northeast Ozone Transport Commission establishedby
the Clean Air Act Am endments of 1990 has proposedemission control
requirements for stationary and mobile sources in certain
northeastern states and the District ofColumbia in addition to
those specified by Titles I, 11and IV of the Clean Air Act
Amendments of 1990.E. Membership of the Northeast Ozone Transport
Commission includes, by statute, representatives of
stateenvironmental agencies and governors offices; similar
representation is required in the case of other ozone
transportcommissions established by the Administrator of the United
S tates EPA pursuant to Section t76A of the Clean AirAct, as
amended, 42 U.S.C. 7506(a).F. The Northeast Ozone Transport
Commission neither sought nor obtained state legislative oversight
or approvalprior to reaching its decisions on mobile and stationary
source requirements for s tates ncluded within the NortheastOzone
Transport Region.G. The Commonwealth of Virginia and other parties
have challenged the constitutionality of the Ozone
TransportCommission and its regulatory proposals under the
Guarantee, Compact, and Joinder Clauses of the United
StatesConstitution; various state legislatures in the Northeast
have expressed their desire to be involved fully in theformulation
of policies and regulations by the Ozone Transport Commission.H.
The United States EPA, acting outside of the aforementioned
statutory requirements for the establishment of anew interstate
transport commission, is encouraging {Inseti St&e] and
twenty-four other states outside of theNortheast to participate in
multi-state negotiations through the Ozone Transport Assessment
Group; such negotiationsare intended to provide the bases for an
interstate memorandum of understanding or other agreement on
ozone
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transport requiring reductions of emissions of nitrogen oxides
or volatile organic compounds in addition to thosespecified by the
Clean Air Act Amendments of 1990; membership of the Ozone Transport
AssessmentGroup consistsof state and federal air quality officials.
without state legislative or gubernatorial representation or
participation.I. Emission control requirements exceeding those
specified by federal law can adversely affect state
economicdevelopment, competitiveness, employment, and lead to out
of control costs. In addition to those specified by theClean Air
Act could amount to $4.0 to $5.5 billion annually in a 37-state
region of the astern United S tates,J. Requiring certain eastern
states to meet emission control requirements more stringent than
those otherwiseapplicable in western states would unfairly affect
interstate competition for new industrial development andemployment
opportunities.Section 3. {Legislative Referra l and Public
Hearings}A. Not later than ten (IO) days subsequent to the
development of any proposed memorandum of understanding orother
agreement by the Ozone Transport AssessmentGroup potentially
requiring statesoutside of the Northeast OzoneTransport Region to
undertake emissions reductions in addition to those specified by
the Clean Air Act., the {Staterepresentative participating in OTAG]
of the {Iiwert State Agent)?) of (Environmental Protection o r
other applicable)shall submit such proposed memorandum OI other
agreement to the {In.wrt Appropriate Legislative Committee} forits
consideration, and shall not enter into any such memorandum or
agreement until the process of review describedin paragraph B. of
this section and in Section 4 [5 and 6, if applicable] has been
completed.B. Upon receipt of the aforesaid memorandum of
understanding or agreement, the {lmert Appropriate
LegislativeCommittee} shall convene one or more public hearings to
receive comments form agencies of government and otherinterested
parties on its prospective public health, economic and
environmental impacts, including its impacts onenergy use, economic
development, utility costs and rates, ahd competitiveness.Section
4. {Findings and Recommendations to Governor}A. Upon completion of
the public hearings required by the preceding paragraph, the
{Insert Appropriare Committee)shall forward to the (President of
the OSenate/Speaker of the House) a report containing its findings
andrecommendations concerning any proposed memorandum of
understanding suggesting modifications to the terms
orappropriability of such memorandum of understanding or
agreement.B. Upon receipt of the report required by the preceding
paragraph, the (President of the Senate/Speaker of theHouse) shall
thereafter transmit same o the Governor for such further
consideration o r action as may be warranted.C. The process
outlined in Sections {3&4} ({5&6j if applicable) shall be
completed in a reasonable period of timeas established by the
{Insert Appropriate Legislative Committee].D. Nothing in this
section shall be construed as to preclude the {hert Chamber} from
taking such other action withrespect to any proposed memorandum of
understanding or other agreement related to the interstate
transport of ozoneas it deems appropriate.[Optional] Section 5.
{Study Requirement}A. To assist the legislalivc review required by
this Act, the {Department/Division of Commerce,
EconomicDevelopment, PUUPSC or other appropriate) shall conduct a
study of the impacts of any proposed memorandum ofunderstanding or
other agreement related to the transport of ozone on the States
economy, including but not limitedto, impacts on economic
development, employment,utility costs and rates, personal income,
and industrialcompetitiveness. Such study shall be submitted to the
(Insert Appropriate Legislative Cornmime} not less than ten(IO)
days prior to any scheduled hearing concerning a proposed
memorandum of understanding or other interstateagreement related to
the transport of ozone.[Optional] Section 6. {Study o f Existing
Interstate Ozone Transport Agreements (for states included within
theNortheast Ozone Transport Region)}A. The (Department/Division)
of {Depanment/Division of Commerce,Economic Development, PUUPSC or
otherappropriate} shall conduct a study of the impacts of any
existing interstate ozone transport agreement on the States
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economy, including but not limited to, impacts on economic
development, employment, income, and industrialcompetitiveness.
Such study shall be submitted to the {I?LWI Appropriate Committee}
not less than six (6) monthsafter the date of enactment of this
Act.Section 7. {Severability Clause}Section 8. {Repealer
Clause}Section 9. {Enacting Clause}
