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H.J.R. 19 Enrolled

             1     

JOINT RESOLUTION OPPOSING THE ENVIRONMENTAL

             2     
PROTECTION AGENCY'S REGULATION

             3     
OF GREENHOUSE GASES

             4     
2011 GENERAL SESSION

             5     
STATE OF UTAH

             6     
Chief Sponsor: Roger E. Barrus

             7     
Senate Sponsor: Wayne L. Niederhauser

             8     
             9      LONG TITLE
             10      General Description:
             11          This joint resolution of the Legislature expresses opposition to the Environmental
             12      Protection Agency's regulation of greenhouse gases without Congressional approval.
             13      Highlighted Provisions:
             14          This resolution:
             15          .    calls on Congress to adopt legislation prohibiting the Environmental Protection
             16      Agency (EPA) from regulating greenhouse gas (GHG) emissions without
             17      Congressional approval including, if necessary, not funding EPA greenhouse gas
             18      regulatory activities;
             19          .    calls on Congress to impose a moratorium on the promulgation of any new GHG
             20      regulation by the EPA for a period of at least two years, except to directly address
             21      an imminent health or environmental emergency;
             22          .    calls on Congress to require the current administration to carry out a study
             23      identifying all regulatory activity that the EPA intends to undertake in furtherance of
             24      its goal of "taking action on climate change and improving air quality" and provide
             25      an objective cost-benefit analysis and cumulative effect that the EPA's current and
             26      planned regulation will have on global climate, public health, the U.S. economy,
             27      jobs, and economic competitiveness in worldwide markets; and
             28          .    expresses support for continuing improvements to the quality of the nation's air and
             29      declares that such improvements can be made without damaging the economy as


             30      long as there is a full understanding of the cost and benefit of the regulations at issue.
             31      Special Clauses:
             32          None
             33     
             34      Be it resolved by the Legislature of the state of Utah:
             35          WHEREAS, concern is growing that with the failure of cap-and-trade legislation in
             36      Congress the United States Environmental Protection Agency (EPA) is attempting to reduce
             37      greenhouse gas (GHG) emissions through the adoption and implementation of regulations
             38      without Congressional approval;
             39          WHEREAS, the EPA is proposing numerous new rules to regulate GHG emissions as
             40      pollutants through the Clean Air Act;
             41          WHEREAS, the EPA has not performed any comprehensive study of the environmental
             42      benefits of its GHG regulation in terms of impacts on global climate;
             43          WHEREAS, the EPA's regulatory activity of GHG has numerous and overlapping
             44      requirements that are likely to have major effects on the nation's economy, jobs, and U.S.
             45      competitiveness in worldwide markets;
             46          WHEREAS, neither the EPA nor the current administration has undertaken any
             47      comprehensive study on the cumulative effect that regulating GHGs will have on the nation's
             48      economy, jobs, and U.S. competitiveness;
             49          WHEREAS, state agencies are routinely required to identify the costs of their
             50      regulations and to justify those costs in light of the benefits;
             51          WHEREAS, since the EPA has identified "taking action on climate change and
             52      improving air quality" as its first strategic goal for the time frame of 2011-15, it should be
             53      required to identify the specific actions it intends to take to achieve these goals and to assess
             54      the cumulative effect of these actions on public health, climate change, and on the U.S.
             55      economy;
             56          WHEREAS, the primary goal of government at the present time must be to promote
             57      economic recovery and to foster a stable and predictable business environment that will lead to


             58      the creation of new jobs; and
             59          WHEREAS, the public's health and welfare will suffer without significant new job
             60      creation and economic improvement since environmental improvement is most successful in a
             61      society that generates wealth:
             62          NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah calls
             63      on Congress to adopt legislation prohibiting the United States Environmental Protection
             64      Agency (EPA) from regulating greenhouse gas (GHG) emissions without Congressional
             65      approval, including, if necessary, not funding EPA greenhouse gas regulatory activities.
             66          BE IT FURTHER RESOLVED that the Legislature calls on Congress to impose a
             67      moratorium on the promulgation of any new GHG regulation by the EPA for a period of at
             68      least two years, except for the need to directly address an imminent health or environmental
             69      emergency.
             70          BE IT FURTHER RESOLVED that the Legislature calls on Congress to require the
             71      Administration to carry out a study identifying all regulatory activity that the EPA intends to
             72      undertake in furtherance of its goal of "taking action on climate change and improving air
             73      quality" and provide an objective cost-benefit analysis and cumulative effect that EPA's current
             74      and planned regulation will have on global climate, public health, the U.S. economy, jobs, and
             75      economic competitiveness in worldwide markets.
             76          BE IT FURTHER RESOLVED that the Legislature expresses its support for continuing
             77      improvements to the quality of the nation's air and declares that such improvements can be
             78      made without damaging the economy as long as there is a full understanding of the costs and
             79      benefits of the regulations at issue.
             80          BE IT FURTHER RESOLVED that a copy of this resolution be sent to the Majority
             81      Leader of the United States Senate, the Speaker of the United States House of Representatives,
             82      the President of the United States, the governor of each state outside of Utah, the Senate
             83      President or President pro tem and the Speaker of the House of each state legislature outside of
             84      Utah, and to the members of Utah's Congressional Delegation.


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