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CONCURRENT RESOLUTION
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WHEREAS, A reliable and affordable electricity supply is |
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vital to the overall well-being of this nation's citizens and to the |
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economic growth and prosperity of each state; and |
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WHEREAS, Under protections of the 10th Amendment to the U.S. |
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Constitution, any regulation necessary to ensure a reliable and |
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affordable supply of electricity for citizens is the sole authority |
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of each state, and federal agencies have a legal obligation to |
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respect and preserve this sovereign state function; and |
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WHEREAS, On June 25, 2013, the president issued a memorandum |
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to the administrator of the U.S. Environmental Protection Agency |
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directing the EPA to develop guidelines to control greenhouse gas |
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emissions from existing fossil fuel-fired power plants under |
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Section 111(d) of the Clean Air Act and to seek input from states; |
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and |
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WHEREAS, On June 2, 2014, the EPA issued proposed guidelines |
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requiring states to limit carbon dioxide emissions from existing |
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fossil fuel-fired power plants, and the Section 111(d) rule was |
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published for comment in the Federal Register on June 16, 2014; and |
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WHEREAS, The proposed rule is based on the EPA assessment of |
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each state's ability to improve the efficiency of coal-fired |
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electric generating units, to retire, de-rate, or operate |
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differently coal-fired electric generating units, to substantially |
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increase the generation of electricity from natural gas, to |
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significantly increase reliance on renewable energy sources, and to |
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substantially reduce the use of electricity by consumers, all in a |
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plan and on a schedule that is not achievable or workable; and |
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WHEREAS, The EPA has admitted that this proposed rule will |
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not measurably affect any degree of climate change, but it will have |
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a major impact on the economy of each state and significant |
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consequences for how electricity is generated, transmitted, |
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distributed, and used in each state; and |
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WHEREAS, The Clean Air Act does not authorize the EPA to |
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require states to regulate beyond the individual physical sources |
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of emissions to include forced retirement or de-rating of |
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coal-fired electricity generating units, the reliance on |
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generation of electricity from natural gas, the reliance on |
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renewable energy sources, or the energy efficiency or demand |
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management of end users, each of these being exclusively within the |
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police powers of the state; and |
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WHEREAS, Section 111(d) of the Clean Air Act expressly limits |
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the EPA to articulating guidelines for the states' formulation of |
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performance standards for existing sources and that authority has |
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never been expanded, but the proposed rule would effectively amount |
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to a federal takeover of the entire system of electric power in the |
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United States and significantly impede if not destroy |
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constitutional constraints on federal powers and the rule of law; |
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and |
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WHEREAS, The Texas governor, attorney general, Public |
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Utility Commission of Texas, and Texas Commission on Environmental |
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Quality have sent comments to the Environmental Protection Agency |
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expressing opposition to implementation of the Section 111(d) rule, |
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and it is appropriate for the legislature to also express its |
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sentiment; now, therefore, be it |
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RESOLVED, That the 84th Legislature of the State of Texas |
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hereby refuse to recognize the attempt by the Environmental |
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Protection Agency to enlarge its authority or conscript authority |
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from the states, unless and until the United States Congress enacts |
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legislation to the contrary; and, be it further |
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RESOLVED, That the 84th Texas Legislature respectfully urge |
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Congress to take immediate action utilizing all available legal |
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avenues to effect the withdrawal of the proposed Section 111(d) |
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rule; and, be it further |
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RESOLVED, That the 84th Texas Legislature direct state |
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agencies to take appropriate steps to resist the implementation of |
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the Section 111(d) rule to protect the state's sovereignty and |
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police powers authorities in light of the federalism imbedded in |
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the language and structure of the Clean Air Act and to prevent |
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federal commandeering of state police powers resources; and, be it |
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further |
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RESOLVED, That the 84th Texas Legislature authorize state |
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agencies, including the Texas Commission on Environmental Quality |
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and the Public Utility Commission of Texas, to examine the |
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implications of preparing plans as may be directed by the Section |
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111(d) rule, but direct the agencies not to prepare, draft, submit, |
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or execute a state plan under the rule, take any action that assists |
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in the implementation of a state or federal plan, or acknowledge the |
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legality of the Section 111(d) rule unless or until the rule has |
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been fully and finally resolved on judicial review; and, be it |
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further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the president of the United States, to |
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the president of the Senate and speaker of the House of |
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Representatives of the United States Congress, and to all the |
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members of the Texas delegation to Congress with the request that |
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this resolution be entered in the Congressional Record as a |
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memorial to the Congress of the United States of America; and, be it |
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further |
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RESOLVED, That the Texas secretary of state forward official |
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copies of this resolution to the administrator of the Environmental |
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Protection Agency, to the commissioners and the executive director |
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of the Texas Commission on Environmental Quality, and to the |
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commissioners and executive director of the Public Utility |
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Commission of Texas as an expression of the sentiment of the Texas |
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Legislature. |