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8-3-205. Assessing effects of state plan.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-3-205. Assessing effects of state plan.

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-205

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.

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Stable record: arkansas_code:legal_authorities:8-3-205
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: ce3036b570e39a680e1bc26f83583ff7ba09af88a03655c03491bb2e9387ed95

Source location: content.xml paragraph 805

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8-3-205. Assessing effects of state plan. (a) Before completing a state plan for regulating carbon dioxide emissions from covered electric generating units, the Division of Environmental Quality shall prepare a report that takes into account the factors specified in § 8-4-312 and the Clean Air Act, 42 U.S.C. § 7401 et seq., as applicable. (b)(1) In addition to the report specified in subsection (a) of this section, the division shall coordinate with the Arkansas Public Service Commission in the preparation of a report that assesses the effects of the state plan on the electric power sector, including without limitation: (A) The ability of the state to provide affordable electricity through diversified sources of electricity generation; (B) The type and amount of electric generating capacity within the state that is likely to withdraw from the state or switch to another fuel; (C) Stranded investment in electric generating and transmission capacity and other assets and infrastructure; (D) Potential risks to electric reliability within the state, including without limitation resource adequacy risks, transmission constraints, and natural gas supply and transmission adequacy; and (E)(i) The amount by which retail electricity and any replacement fuel prices within the state are forecast to increase. (ii) A rate impact assessment shall consider nonfuel costs, including generation, transmission, distribution, surcharges for renewable energy and energy efficiency, capital investment, upgrades to meet environmental requirements, utility profits, financing costs for new investments, unappreciated capital assets retired prematurely, and other nonfuel costs and surcharges, and the amount of funds contributed from all in-state taxpayers to local, state, and federal subsidies, grants, and credits to fund in-state electric generation sources, electric storage, and energy efficiency. (2) The division shall further coordinate with the Arkansas Economic Development Commission in the preparation of a report that assesses the effects of the state plan on the electricity consumers within the state, including without limitation: (A) Disproportionate impacts of electricity and other replacement energy price increases on middle-income and lower-income households; (B) Employment within the state, including without limitation direct and indirect employment effects and jobs potentially lost within affected sectors of the state's economy; (C) Economic development within the state, including without limitation effects on manufacturing, commercial, and other sectors of the state's economy; (D) The competitive position of the state in relation to neighboring states and other economic competitors; and (E) State and local governments, including without limitation potential impacts resulting from changes in tax revenues and higher government outlays for electric service. (c) The reports required by this section shall be included with any petition filed by the division to initiate rulemaking for rules that implement a state plan for regulating carbon dioxide emissions from covered electric generating units.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of purpose

**(a) Findings** The Congress finds— (1) that the predominant part of the Nation’s population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States; (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation; (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution. **(b) Declaration** The purposes of this subchapter are— (1) to protect and enhance the quality of the Nation’s air resources so as to promote the public health and welfare and the productive capacity of its population; (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution; (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and (4) to encourage and assist the development and operation of regional air pollution prevention and control programs. **(c) Pollution prevention** A prim

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 7401

Stored review status: release_metadata_unconfirmed. The source passage cites 42 U.S.C. § 7401. This identifies an authority to review, not proof of applicability.

Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 7401 — Congressional findings and declaration of

Page 7160 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7401 Sec. PART C—CLEAN FUEL VEHICLES 7581. Definitions. 7582. Requirements applicable to clean-fuel vehi- cles. 7583. Standards for light-duty clean-fuel vehicles. 7584. Administration and enforcement as per Cali- fornia standards. 7585. Standards for heavy-duty clean-fuel vehicles (GVWR above 8,500 up to 26,000 lbs.). 7586. Centrally fueled fleets. 7587. Vehicle conversions. 7588. Federal agency fleets. 7589. California pilot test program. 7590. General provisions. SUBCHAPTER III—GENERAL PROVISIONS 7601. Administration. 7602. Definitions. 7603. Emergency powers. 7604. Citizen suits. 7605. Representation in litigation. 7606. Federal procurement. 7607. Administrative proceedings and judicial re- view. 7608. Mandatory licensing. 7609. Policy review. 7610. Other authority. 7611. Records and audit. 7612. Economic impact analyses. 7613. Repealed. 7614. Labor standards. 7615. Separability. 7616. Sewage treatment grants. 7617. Economic impact assessment. 7618. Repealed. 7619. Air quality monitoring. 7620. Standardized air quality modeling. 7621. Employment effects. 7622. Employee protection. 7623. Repealed. 7624. Cost of vapor recovery equipment. 7625. Vapor recovery for small business marketers of petroleum products. 7625–1. Exemptions for certain territories. 7625a. Statutory construction. 7626. Authorization of appropriations. 7627. Air pollution from Outer Continental Shelf activities. 7628. Demonstration grant program for local gov- ernments. SUBCHAPTER IV—NOISE POLLUTION 7641. Noise abatement. 7642. Authorization of appropriations. SUBCHAPTER IV–A—ACID DEPOSITION CONTROL 7651. Findings and purposes. 7651a. Definitions. 7651b.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 7401

Stored review status: historical_2024_not_currentness_verified. The source passage cites 42 U.S.C. § 7401. This identifies an authority to review, not proof of applicability.

Arkansas Code — all titles (historical 2020) · legal_authorities

8-4-312. Factors in exercise of powers.

8-4-312. Factors in exercise of powers. In exercising their powers and responsibilities under this chapter, the Division of Environmental Quality and the Arkansas Pollution Control and Ecology Commission shall take into account and give consideration to the following factors: (1) The quantity and characteristics of air contaminants and the duration of their presence in the atmosphere that may cause air pollution in a particular area of the state; (2) Existing physical conditions and topography; (3) Prevailing wind directions and velocities; (4) Temperatures and temperature-inversion periods, humidity, and other atmospheric conditions; (5) Possible chemical reactions between air contaminants or between such air contaminants and air gases, moisture, or sunlight; (6) The predominant character of development of the area of the state such as residential, highly developed industrial, commercial, or other characteristics; (7) Availability of air-cleaning devices; (8) Economic feasibility of air-cleaning devices; (9) Effect on normal human health of particular air contaminants; (10) Effect on efficiency of industrial operation resulting from use of air-cleaning devices; (11) The extent of danger to property in the area reasonably to be expected from any particular air contaminant; (12) Interference with reasonable enjoyment of life by persons in the area and conduct of established enterprises that can reasonably be expected from air contaminants; (13) The volume of air contaminants emitted from a particular class of air contamination sources; (14) The economic and industrial development of the state and the social and economic value of the air contamination sources; (15) The maintenance of public enjoyment of the state's natural resources; and (1

Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-4-312

Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 8-4-312. This identifies an authority to review, not proof of applicability.