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AN ACT relating to best system emission reduction for existing electric generating units. Create new sections of KRS Chapter 224 to establish criteria by which the Energy and Environment Cabinet can establish performance standards for the regulation of carbon dioxide emissions from existing fossil fuel-fired electric generating units; establish different criteria for coal-fired electric generating units and natural gas-fired electric generating units; allow performance standards to be adjusted on a case-by-case basis; require that any state plan to regulate carbon dioxide emissions be issued under Section 111(d) of the federal Clean Air Act; direct the cabinet to promulgate administrative regulations to establish standards in a state plan; prohibit development or proposing of a state plan to the United States Environmental Protection Agency unless the plan is consistent with Sections 1 to 7 of this Act and is prepared in consultation with the Kentucky PSC; declare that any plan or performance standard has no legal effect if the United States Environmental Protection Agency does not issue federal rules or guidelines for regulating carbon dioxide emissions from existing electric generating units or if the rules are withdrawn or invalidated by a court of competent jurisdiction.



  • J. Gooch Jr.
  • T. Couch
  • M. Dossett
  • C. Embry Jr.
  • S. Miles
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