COMMITTEE SUBSTITUTE
FOR
H. B. 4228
(By Mr. Speaker, Mr. Kiss, and Delegates Martin,
Varner, Staton, Kuhn, Collins and Linch)
(Originating in the Committee on the Judiciary)
[February 18, l998]
A BILL to amend chapter twenty-two of the code of West Virginia,
one thousand nine hundred thirty-one, as amended by adding
thereto a new article, designated article twenty-three,
relating to prohibiting the state division of environmental
protection from modifying any agency rule which implements the
provisions of the united nations framework convention on
global climate change treaty and its proposed reductions of
limitations on greenhouse gases emissions; providing
legislative findings relating thereto; prohibiting the
division of environmental protection from entering into any
agreement with any federal agency relating to limiting state
emission of greenhouse gases resulting from the Kyoto
protocol; allowing continuation of voluntary reduction
efforts; and providing that this act be effective until a
federal treaty supersedes the requirements of this act.
Be it enacted by the Legislature of West Virginia:
That chapter twenty-two of the code of West Virginia, one
thousand nine hundred thirty-one as amended, be amended by adding
thereto a new article, designated article twenty-three, to read as
follows:
ARTICLE 23. KYOTO PROTOCOL; ENFORCEMENT PROHIBITIONS.
§22-23-1. Findings and Purposes.
The West Virginia Legislature hereby finds that:
(a) The United States is a signatory to the one thousand nine
hundred ninety-two United Nations Framework Convention on Global
Climate Change Treaty("FCCC");
(b) A protocol to expand the scope of the FCCC was negotiated
in December, one thousand nine hundred ninety-seven in Kyoto, Japan
("Kyoto Protocol"), requiring the United States to reduce emissions
of greenhouse gases such as carbon dioxide and methane by seven
percent from one thousand nine hundred ninety emission levels
during the years two thousand eight to two thousand twelve, with
similar reduction obligations for other major industrial nations;
(c) Developing nations, including China, India, Mexico,
Indonesia and Brazil, are exempt from greenhouse gas emission
limitation requirements in the FCCC;
(d) Developing nations refused in the Kyoto negotiations to
accept any new commitments for greenhouse gas emission limitations
through the Kyoto Protocol or other agreements;
(e) With respect to new commitments under the FCCC, President
William J. Clinton pledged on the twenty-second day of October, one thousand nine hundred ninety-seven, that "The United States will
not assume binding obligations unless key developing nations
meaningfully participate in this effort";
(f) On the twenty-fifth day of July, one thousand nine hundred
ninety-seven, the United States Senate adopted Senate Resolution
Number Ninety-eight by a vote of ninety-five to zero, expressing
the sentiment of the Senate that "the United States should not be
a signatory to any protocol to other agreement regarding, the
Framework Convention on Climate Change... which would require the
advice and consent of the Senate to ratification, and which would
mandate new commitments to mitigate greenhouse gas emissions for
the Developed Country Parties, unless the protocol or other
agreement also mandates specific scheduled commitments within the
same compliance period to mitigate greenhouse gas emissions for
Developing Country Parties";
(g) The Kyoto Protocol fails to meet the tests established for
acceptance of new climate change commitments by President Clinton
and by United States Senate Resolution Number ninety-eight;
(h) Achieving the emission reductions proposed by the Kyoto
Protocol would require more than a thirty-five percent reduction in
projected United States carbon dioxide and other greenhouse gas
emissions during the period between two thousand eight to two
thousand twelve;
(i) Developing countries exempt from emission limitations
under the Kyoto Protocol are expected to increase their rates of fossil fuel use over the next two decades, and to surpass the
United States and other industrialized countries in total emissions
of greenhouse gases;
(j) Increased emissions of greenhouse gases by developing
countries would offset any potential environmental benefits
associated with emissions reductions achieved by the United States
and by other industrial nations;
(k) Economic impact studies by the United States Government
estimate that legally binding requirements for the reduction of
United States greenhouse gases to one thousand nine hundred ninety,
emission levels would result in the loss of more than nine hundred
thousand jobs in the United States, sharply increased energy
prices, reduced family incomes and wages, and severe losses of
output in energy-intensive industries important to the West
Virginia economy such as aluminum, steel, rubber, chemicals, and
utilities;
(l) The failure to provide for commitments by developing
countries in the Kyoto Protocol creates an unfair competitive
imbalance between industrial and developing nations, potentially
leading to the transfer of jobs and industrial development from the
United States to developing countries;
(m) Federal implementation of the Kyoto Protocol, if ratified
by the United States Senate, would entail new congressional
legislation whose form and requirements cannot be predicted at this
time, but could include national energy taxes or emission control allocation schemes that would preempt state-specific programs
intended to reduce emissions of greenhouse gases;
(n) Piecemeal or other uncoordinated state regulatory
initiatives intended to reduce emissions of greenhouse gases may be
inconsistent with subsequent congressional determinations
concerning the Kyoto Protocol, and with federal legislation
implementing the Kyoto Protocol;
(o) Individual state responses to the Kyoto Protocol,
including development of new regulatory programs intended to reduce
greenhouse gas emissions, are premature prior to Senate
ratification of that Protocol, in its current or amended form, and
congressional enactment of related implementing legislation.
§22-23-2. Restrictions on state rules related to greenhouse
gas emissions.
(a) The West Virginia division of environmental protection
shall refrain from proposing or promulgating any new rule intended
in whole or in part to reduce emissions of greenhouse gases from
the residential, commercial, industrial, electric utility, or
transportation sectors in order to comply with the Kyoto Protocol;
(b) In the absence of an act of the Legislature of the State
of West Virginia approving same, the West Virginia division of
environmental protection shall not submit to the United States
environmental protection agency or to any other agency of the
federal government any legally enforceable commitments related to
the reduction of greenhouse gases, as such gases are defined by the Kyoto Protocol;
(c) Nothing in this section shall be construed to limit or to
impede state or private participation in any on-going voluntary
initiatives to reduce emissions of greenhouse gases, including, but
not limited to, the federal environmental protection agency's
"Green Lights" program, the federal Department of Energy's Climate
Challenge program, and similar State and federal initiatives
relying on voluntary participation.
(d) This Act shall remain in effect until repealed by an Act
of the Legislature of the State of West Virginia, or until
ratification of the Kyoto Protocol by the United States Senate and
enactment of federal legislation implementing the Kyoto Protocol.
Note: The purpose of this bill is to prohibit the promulgation of
state rules intended to reduce emissions of greenhouse gases as
proposed by the Kyoto protocol, prior to ratification of the Kyoto
climate change protocol by the United States Senate and enactment
of implementing legislation by the United States Congressional.