sb401_As_introduced_LC_36_1539_2.html
10 LC 36 1539
Senate Bill 401
By: Senators Seabaugh of the 28th, Rogers of the 21st, Heath of the 31st, Cowsert of the 46th, Chapman of the 3rd and others

A BILL TO BE ENTITLED
AN ACT


To amend Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, so as to permit the Governor to delay implementation of the requirements of any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy until a comprehensive assessment of such program can be made and the Governor finds that the implementation will benefit the citizens of Georgia; to provide for legislative intent; to provide a short title; to provide for related matters; to provide for an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.
This Act shall be known and may be cited as the "Georgia Energy Freedom Act of 2010."

SECTION 2.
It is the intent of the General Assembly of Georgia to ensure that any federal program to implement a cap and trade system or any other program to address greenhouse gas emissions or motor vehicle fuel economy that has been or may be proposed undergo a comprehensive assessment to evaluate the fiscal and regulatory impacts of such system or program on Georgia's budget, economy, consumers, families, and small and large businesses as well as to determine whether compliance with such system or program is in the best interests of Georgia.

SECTION 3.
Chapter 9 of Title 12 of the Official Code of Georgia Annotated, relating to air pollution control, is amended by adding a new article to read as follows:

"ARTICLE 4.

12-9-90.
(a) As used in this Code section, the term 'greenhouse gas' means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbon, and perfluorocarbon.
(b) The Governor, or his or her designee, is authorized to delay compliance with any federal program to regulate greenhouse gas emissions or motor vehicle fuel economy until such time as a comprehensive analysis of the fiscal and regulatory impacts of the proposed program, and any legislation required to authorize the proposed program, on this state's budget, economy, consumers, families, and small and large businesses has been made and it is determined that participation in such federal program is in the best interests of the citizens of this state. This Code section shall not be interpreted as limiting the Governor's discretion or authority to delay compliance with provisions of any federal program for any other reason.
(c) Any federal law, rule, order, or other Act by the federal government violating the provisions of this Act is hereby declared to be invalid in this state, is not recognized by and is specifically rejected by this state, and is considered as null and void and of no effect in this state."

SECTION 4.
This Act shall become effective on July 1, 2010.

SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.