Bill giving Oklahoma attorney general say in Clean Power Plan response passes House

Apr 27 - McClatchy-Tribune Content Agency, LLC - Paul Monies The Oklahoman, Oklahoma City

 

Oklahoma's attorney general would get to sign off on the legality of any state plan on upcoming federal carbon dioxide rules for power plants under a bill passed Thursday by the House of Representatives.

An amended Senate Bill 676 passed 68-21 and now goes back to the Senate for approval of the House amendments.

The bill, which was requested by Attorney General Scott Pruitt, would help the state in future legal fights over the Clean Power Plan, said its House sponsor, Rep. Jon Echols, R-Oklahoma City.

The Clean Power Plan, which the Environmental Protection Agency is expected to finalize some time this summer, would require existing power plants to reduce their carbon dioxide emissions 30 percent by 2030.

Under SB 676, the Department of Environmental Quality and staff at the Corporation Commission would come up with a state plan for the yet-to-be finalized Clean Power Plan rules.

The agencies are expected to take into account the rules' effects on small business, local governments and electricity customers.

The attorney general would then check to make sure the state plan complies with state and federal law before the governor submits it to the EPA.

Echols warned his House colleagues that voting against the bill would be an endorsement of the EPA's plan, which he called an overreach from a "rogue agency."

"This vote will decide where you stand on EPA overreach," Echols said.

Some question need

Rep. Emily Virgin, D-Norman, questioned why the bill was needed when Pruitt already has been active in fighting other EPA rules.

"Why do we need this extra step, this extra way for him to challenge this?" Virgin said.

In a statement, Pruitt said SB 676 ensures decisions about Oklahoma's power generation are made by state officials and not bureaucrats in Washington.

"The EPA's so-called 'Clean Power Plan' is the federal government placing the proverbial 'gun to the head' of the state of Oklahoma to make the state bow to the pressure of an unlawful EPA rule," Pruitt said. "Senate Bill 676 is a bulwark against the overreach of the EPA. This is an important step to the state of Oklahoma's ability to defend its interests against the unlawful actions of the EPA."

Sen. Greg Treat, R-Oklahoma City, sponsored the bill in the Senate.

Last week, a three-judge panel of the U.S. Court of Appeals for the District of Columbia heard arguments on a challenge by Oklahoma and 13 other states to the proposed Clean Power Plan rules.

At least two of the judges appeared skeptical of a legal challenge to the rules before they have been finalized, according to The Associated Press.

www.oklahoman.com/news

http://www.energycentral.com/functional/news/news_detail.cfm?did=35966242