Bill No.:                     HB0063                                 Drafter:  MDO

LSO No.:                   13LSO-0088                         Effective Date:  Immediate

Enrolled Act No.:    HEA0023

Chapter No.:            CH0039

Prime Sponsor:       Joint Minerals, Business and Economic Development Interim Committee

Catch Title:              State primacy on greenhouse gas regulation.

Subject:                     Air Quality Regulations

Summary/Major Elements:

· In 2012, the Wyoming Legislature enacted legislation which authorized the Wyoming Department of Environmental Quality (DEQ) to promulgate rules to the extent necessary to obtain state primacy over the regulation of “greenhouse gases” (2012 SF86, 2012 Wyoming Session Laws, Ch. 11).

· These rules would only take effect upon the enactment of additional authorizing legislation or a final ruling in a federal court case appealing the Environmental Protection Agency’s (EPA) regulation of “greenhouse gases.”

· During the 2012 interim, a final ruling was issued in the federal lawsuit authorizing EPA to regulate the emission of greenhouse gases.  This created a regulatory climate where industry in Wyoming was required to get air quality permits from both DEQ and EPA.  This has become known as “dual permitting.”

· This act allows for the implementation of greenhouse gas emission regulations by DEQ which are no more stringent than those imposed by federal law and removes the dual permitting requirement for industry.

Comments:

· This bill has also been referred to as the “Dual Permitting Bill.”