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8-3-207. Procedures for approval of state plan.
Arkansas Code — all titles (historical 2020) · legal_authorities
8-3-207. Procedures for approval of state plan.
(a) Before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying report developed under § 8-3-205.
(b)(1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.
(2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.
(c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.
(d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment:
(1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;
(2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and
(3) Failure to submit a state plan would likely result in the imposition of a federal implementation plan.
(e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan
Source: Arkansas Code — historical release 78 (November 6, 2020) · 8-3-207
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:8-3-207
Source file: gov.ar.code.title.08.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 4f8601e6ed0b1d579067dd6777f3be5e038ae5227507c1d8011708dd1fb601a7
Source location: content.xml paragraph 849
Stored source content
8-3-207. Procedures for approval of state plan.
(a) Before transmitting a state plan to the Governor for submission of the state plan to the United States Environmental Protection Agency, the Division of Environmental Quality shall transmit to the cochairs of the Legislative Council a copy of the state plan and the accompanying report developed under § 8-3-205.
(b)(1) Upon receiving the state plan and the accompanying report transmitted under subsection (a) of this section and after sufficient time has been provided to assess the state plan and the accompanying report, the Legislative Council shall vote on approval of the state plan.
(2) An affirmative majority vote of the Legislative Council is required for approval of the state plan.
(c) If the Legislative Council fails to approve a state plan under subsection (b) of this section, the division may submit a revised version of the state plan, with an accompanying revised report, to the cochairs of the Legislative Council for approval under this section.
(d) Notwithstanding the provisions of this subchapter, in the absence of legislative approval under subsection (b) of this section, the Governor may direct the submission of a state plan to the United States Environmental Protection Agency if, in his or her judgment:
(1) Sufficient time has passed for the Legislative Council to consider a state plan submitted by the division for legislative approval;
(2) Further delay would result in the failure to submit a state plan by the relevant deadline for submission; and
(3) Failure to submit a state plan would likely result in the imposition of a federal implementation plan.
(e) This subchapter does not eliminate the requirement of legislative approval of rules promulgated to implement or enforce the state plan subsequently to gubernatorial action under subsection (d) of this section.
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Arkansas Code — all titles (historical 2020) · legal_authorities
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 su
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. The source passage cites 8-3-205. This identifies an authority to review, not proof of applicability.