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2011 Legislative Digest

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2011 Legislative Digest 2011 Legislative Digest A Guide to Energy and Environment Legislation In the South July 2011 Covering measures in 16 states and two U.S. territories With an introduction by Representative Rocky Adkins, Kentucky SSEB Vice-Chairman Acknowledgments The Southern States Energy Board’s 2011 Legislative Digest is compiled each year in collaboration with member states and territories. We would like to thank the Board members, legislative research staff and state administrative officials and their staffs for assisting us in compiling and reviewing the Digest. Published by Southern States Energy Board 6325 Amherst Court Norcross, Georgia 30092 Phone: (770) 242-7712 Fax: (770) 242-9956 Web: www.sseb.org Email: [email protected] 2 Table of Contents Acknowledgments .................................................................... 2 Representative Rocky Adkins................................................ 5 Introduction................................................................................7 Categories of Energy Legislation................................................................. 13 Categories of Environmental Legislation.................................................... 15 Matrices and Graphs...............................................................17 Matrices and Graphs Abbreviations............................................................ 18 Matrices of 2011 Energy and Environmental Legislation........................... 19 Overall Energy Legislation ......................................................................... 20 Overall Environmental Legislation ............................................................. 21 Southern States Energy Board Member States Alabama .......................................................................................................22 Arkansas ......................................................................................................28 Florida..........................................................................................................35 Georgia.........................................................................................................46 Kentucky ...................................................................................................... 51 Louisiana......................................................................................................56 Maryland......................................................................................................64 Mississippi ...................................................................................................73 Missouri ...................................................................................................... 80 North Carolina.............................................................................................87 Oklahoma.....................................................................................................99 Puerto Rico ................................................................................................104 South Carolina ........................................................................................... 107 Tennessee.................................................................................................... 111 Texas ...........................................................................................................119 U.S. Virgin Islands..................................................................................... 142 Virginia ...................................................................................................... 145 West Virginia .............................................................................................168 Southern States Energy Board........................................... 177 2010-2011 Executive Committee............................................................... 178 Members of the Board ............................................................................... 179 4 Representative Rocky Adkins State Representative Rocky Adkins currently serves as House Majority Floor Leader after being chosen for the post by his Democratic colleagues in November, 2003. A long-time veteran of the Kentucky House of Representatives, he is now serving in his 25th year as a Legislator. A native of Sandy Hook, Kentucky, Representative Adkins is a graduate of Elliott County High School and Morehead State University, where he also received his Master’s Degree in Secondary Education. In 1986, Representative Adkins was elected to the 99th House District at the age of 26, making him one of the youngest members ever elected to serve in the Kentucky legislature. Representative Adkins quickly accumulated legislative responsibilities and served on a number of influential committees, including the House Appropriations & Revenue Committee and the Budget Review Subcommittee on Transportation. A leader in the field of energy independence, Representative Adkins has introduced several ground-breaking pieces of legislation that will help our nation achieve energy self sufficiency in the coming years. His legislation includes incentives for the conversion for coal to transportation fuels, use of agricultural products for energy such as biodiesel, biomass, ethanol and cellulose and greater utilization of renewable energy sources such as wind, solar and hydro. Representative Adkins' legislative initiatives also promote conservation and incentives for energy efficient home building and construction. He was appointed Vice Chair of the Southern States Energy Board in 2008 by Chairman, Governor Joe Manchin, who called Representative Adkins, "the South's lead legislator on energy." Representative Adkins is a 14-year survivor of cancer and he actively raises funds for research by sponsoring an annual golf tournament entitled the "Rocky Adkins Charity Golf Outing Cure for Cancer." The tournaments have raised more than $1 million since 1995. 5 6 Introduction Representative Rocky Adkins It is my privilege to present the 2011 Energy and Environmental Legislative Digest. For more than four decades, the Southern States Energy Board has published this Digest, and each year the Board endeavors to ensure that the information representing the legislative trends in the South is accurate and complete. A compendium of energy and environmental legislation enacted by the Board’s 18 member states and territories during the 2011 legislative session, this document thoroughly examines legislation passed state by state. No other document provides such a comprehensive review of energy and environmental legislation in our member states. Precise state by state bill summaries are categorized for easy comparison. Energy measures are divided among the following categories: Alternative Energy Development, Coal and Minerals, Emergency Management and Homeland Security, Energy Efficiency, Natural Gas and Petroleum, Reorganization and Coordination, and Utilities. Many acts could easily fit into several of these categories as they seek to dramatically improve our energy independence. Energy related matters accounted for 33 percent of the total legislation summarized in this document. The largest topic areas this year were Utilities where there were 51 bills passed and Alternative Energy Development with the passage of 40 bills. Environmental measures are divided into the following categories: Air Quality and Pollution Control, Coastal Zone Management, Emergency Management and Homeland Security, Environmental Health Services, Hazardous Waste and Substance Management, Inland Water Resource Management and Conservation, Radioactive Waste, Reorganization and Coordination, Solid Waste, and Water Quality and Pollution Control. About 67 percent of the total legislation featured in the Final Digest was related to the environment. The largest two categories were Inland Water Resource Management and Conservation and Land Management and Conservation. These two categories combined for 140 pieces of legislation. When examining legislation passed state-by-state it is not unusual to observe certain trends or themes. This year was no different. The most apparent, yet least surprising trend involved the adoption of certain climate change legislation. Twelve of our 18 member states attempted and 6 adopted legislation to limit the regulation of greenhouse gases or urge the U.S. Congress to prohibit the U.S. Environmental Protection Agency (EPA) from regulating greenhouse gases or imposing other regulations that would hamper economic growth. Another, though less prevalent trend involved measures promoting electric and alternative fueled vehicles. Four separate states adopted a total of 6 such measures involving tax and other incentives for the purchase and operation of electric and alternative fueled vehicles. Another interesting trend in the alternative energy arena provided various incentives to support the development of renewable energy enterprise or economic zones. Similarly, a number of states addressed 7 revitalizing brownfields to encourage alternative business development and recreational activities that would provide substantial economic benefits to the state. In addition, several states have passed bills and resolutions in response to the impact of natural disasters on their economies. Finally, another trend involved efforts to prevent contamination of state waters and to control water quality. To that end, 3 states passed legislation designed to prevent or control the use of phosphorus in detergents and fertilizers.
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