Wed, Aug 20, 2008

News Elsewhere

Senate panel acts to block DEQ's plan on emissions

New curbs could occur only with Legislature's OK
By Howard Fischer
Capitol Media Services
Tucson, Arizona | Published: 04.10.2008
PHOENIX — State senators took the first steps Wednesday to block Gov. Janet Napolitano from mandating reduced greenhouse-gas emissions in Arizona and imposing new standards on vehicles that can be sold here.
Legislation approved unanimously by the Senate Committee on Natural Resources and Rural Affairs would specifically ban any state agency from adopting or enforcing any rules dealing with the emission of "greenhouse gases."
The only way the agencies could act, absent legislative permission, would be if a program is expressly authorized by federal law, and only if the state requirements are no more stringent than the federal government allows.
The move comes as the state Department of Environmental Quality, at Napolitano's direction, drafted rules requiring that each automobile manufacturer reduce overall greenhouse-gas emissions from its total sales in the state by 37 percent by 2016. Those standards, which mirror those adopted by the California Air Resources Board, could increase the cost of vehicles by $1,000.
Napolitano also has directed the DEQ to work with officials from seven other Western states and two Canadian provinces to set up a "cap and trade" system that would reduce overall industrial greenhouse-gas emissions.
Glenn Hamer, president of the Arizona Chamber of Commerce and Industry, said having Arizona act on its own — or with some other states and provinces — could result in businesses deciding not to locate or expand here. He said that would make the state's current economic crisis worse.
Wednesday's vote on House Bill 2017 came over the objections of Patrick Cunningham, DEQ deputy director. He said any move to block those business regulations is premature because nothing is finalized.
However, Cunningham acknowledged that his agency has finished writing its rule on vehicle emissions and held the single legally required public hearing. The only thing left is review next month by the Governor's Regulatory Review Council, which consists of people picked by Napolitano.
He insisted the Legislature has, in fact, authorized the new emission regulations, citing laws giving his agency the power to regulate "air contaminants" from motor vehicles. The U.S. Supreme Court has concluded carbon dioxide fits that definition, Cunningham said.
He said the new emission standards "in general will improve our air dramatically."
But Knox Kimberly, lobbyist for the Alliance of Automobile Manufacturers, said the DEQ can't legally do what the governor directed.
He said the agency never specifically asked lawmakers for permission to regulate carbon dioxide. At best, he said, the DEQ is trying to "weave together a bunch of things to claim the authority."
"Don't be fooled," he told legislators.
Sen. Jake Flake, R-Snowflake, conceded the governor would likely veto this measure if it reaches her desk. But Flake said he may insert its provisions into another environmental bill — one Napolitano and the DEQ want — to force her hand.
Sen. Robert Blendu, R-Litchfield Park, said more than an interpretation of state law is at stake. He questioned the constitutional authority of Napolitano to bind Arizona to vehicle and industrial emission regulations when a future governor might have a different viewpoint.
Even if the emission regulations gain final approval next month, they cannot legally take effect because they are linked to California's new standards. And California is suing the U.S. Environmental Protection Agency to allow it to adopt those rules, a lawsuit that Arizona has joined.
The DEQ has said the higher cost of cars and trucks manufactured to the new standards would be at least partly offset because the vehicles would be designed to use less fuel and would need less maintenance.