Sen. Shelley Moore Capito introduced legislation Wednesday that, if passed, will delay the implementation of the Clean Power Plan, which could begin as early as this summer, and allow states to opt out of complying with the plan.
Capito, R-W.Va., announced the "Affordable Reliable Energy Act Now Act (ARENA) Wednesday during a press conference in Washington.
The Clean Power Plan, which will require that carbon emissions be reduced 30 percent by 2030, has been under scrutiny — particularly in energy-producing states — since it was rolled out nearly a year ago. No national limits on carbon emissions currently exist, and the emissions from power plants are said to cause health problems, which the Environmental Protection Agency estimates cause up to 6,600 premature deaths annually.
"President Obama's misguided 'Clean Power Plan' threatens to drastically reduce coal-related jobs, increase energy prices and reduce reliability," Capito said.
She said at a later telephone conference with state reporters that she believes the Clean Power Plan was enacted because of the Obama administration's frustration with not being able to pass cap and trade laws that would require a limit on carbon emissions and allow companies to trade their allowances for emissions if they produce less carbon.
ARENA requires the Environmental Protection Agency to achieve the standards at "several power facilities throughout the country" before implementing them; however, the EPA cannot use federally funded demonstration projects to meet the standards.
Also, EPA would be required to issue "state-specific" model plans demonstrating how each state could meet the requirements. States are now required to come up with their own plans to meet the standards. The state Legislature this year passed a law that requires the state Department of Environmental Protection to submit its plan to lawmakers for approval before it can be sent to the EPA.
Capito said Obama has said companies must meet "certain metrics" and gives the state's flexibility to figure out how they can meet those metrics, but in effect, that is handing off a responsibility state governors don't want.
"I think they're punting the most difficult part, because they know they don't want to say to the states or to the governors, 'you're going to have to raise your electricity prices 20 percent to meet this,'" she said.
According to the EPA's website, the CPP is "flexible," and "provides enough time for utilities to make changes without affecting reliability. Because of this flexibility, in 2030, consumers’ electricity bills will be smaller."
Compliance dates would be extended until the courts have reviewed the Clean Power Plan, including the deadline for state plans. A governor would be able to opt out of compliance with the CPP if he or she "determines (it) would negatively impact economic growth, negatively impact the reliability of the electricity system or negatively impact electricity rate payers," a media release sent by Capito said.
"States know best how they can best handle certain situations," Capito said. "The (Clean Power) Plan says one size fits all in every state."
The bill would also prevent the EPA from withholding federal highways funds from states for noncompliance.
Capito said she is "determined to move this legislation through the Senate."
Sen. Joe Manchin, D-W.Va., along with a half-dozen Republican senators, joined Capito at the press conference.
Manchin said he would have to convince at least six Democrats in the Senate to vote for Capito's bill, if all Republicans voted in favor as well.
"We're not asking for something unreasonable," Manchin said. Manchin said coal would be used for energy in the United States for at least another 30 years.
Capito said none of the current power plants operating in West Virginia meet the CPP standard.
So far, 26 senators have signed on to co-sponsor the legislation. Manchin is the lone Democrat.