(a)Effective March 31, 1999, neither the department nor
the council shall propose or promulgate any new rule or
regulation intended in whole or in part to reduce emissions as
called for by the Kyoto Protocol, from the residential,
commercial, industrial, electric utility, transportation,
agricultural, energy or mining sectors.
(b)In the absence of a resolution or other act of the
legislature approving same, the director of the department shall
not submit to the United States environmental protection agency
or to any other agency of the federal government any legally
enforceable commitments related to the Kyoto Protocol.
(c)Nothing in this section shall be construed to limit or
to impede state or private participation in any on-going
voluntary initiatives to reduce emissions of greenhous
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(a) Effective March 31, 1999, neither the department nor
the council shall propose or promulgate any new rule or
regulation intended in whole or in part to reduce emissions as
called for by the Kyoto Protocol, from the residential,
commercial, industrial, electric utility, transportation,
agricultural, energy or mining sectors.
(b) In the absence of a resolution or other act of the
legislature approving same, the director of the department shall
not submit to the United States environmental protection agency
or to any other agency of the federal government any legally
enforceable commitments related to the Kyoto Protocol.
(c) Nothing in this section shall be construed to limit or
to impede state or private participation in any on-going
voluntary initiatives to reduce emissions of greenhouse gases,
including, but not limited to, the United States environmental
protection agency's green lights program, the United States
department of energy's climate challenge program and similar
state and federal initiatives relying on voluntary
participation.
(d) This section shall remain in effect until repealed by
an act of the Wyoming legislature or until ratification of the
Kyoto Protocol by the United States senate and enactment of
federal legislation implementing the Kyoto Protocol.
(e) Notwithstanding the provisions of subsections (a)
through (d) of this section and pursuant to the provisions of
subsections (e) through (k) of this section, the department and
council shall adopt regulations to amend Wyoming's Clean Air Act
state implementation plan and Wyoming's Title V operating permit
program to the extent necessary to obtain state primacy over the
regulation of greenhouse gases for those sources that would
otherwise be subject to federal regulation for greenhouse gases
by the United States environmental protection agency. The
department and council may promulgate new source performance
standards for greenhouse gases that are no more stringent than
federal greenhouse gas new source performance standards.
(f) In no event shall any greenhouse gas emission
regulations, new source performance standards or potential to
emit thresholds promulgated pursuant to subsection (e) of this
section be more stringent than those imposed or required by
federal law. Regulations under subsection (e) of this section
shall only regulate those gases identified by the United States
environmental protection agency as greenhouse gases.
(g) Notwithstanding W.S. 35-11-203(a), the department and
the council are authorized to determine by regulation potential
to emit thresholds for greenhouse gas emissions which are no
more stringent than those imposed or required by federal law.
(h) The department may submit an amended state
implementation plan providing for regulation of greenhouse gases
to the United States environmental protection agency for
approval.
(i) Repealed By Laws 2013, Ch. 39, § 2.
(ii) Repealed By Laws 2013, Ch. 39, § 2.
(j) Subsections (e) through (k) of this section and the
authority granted in subsection (e) of this section to the
department and the council to promulgate and adopt greenhouse
gas regulations and all regulations adopted pursuant to
subsection (e) of this section are repealed upon the occurrence
of any one (1) of the following events:
(i) The United States congress enacts a law
prohibiting the United States environmental protection agency
from regulating greenhouse gases; or
(ii) A federal court issues a final judgment
prohibiting the United States environmental protection agency
from regulating greenhouse gas emissions from stationary
sources.
(k) As used in this section, the term "final judgment"
means a judgment issued by a federal court that is no longer
subject to potential or ongoing appeal to any federal court with
jurisdiction over the court judgment.
(m) The governor shall certify to the secretary of state
the occurrence of any act which repeals subsections (e) through
(k) of this section pursuant to subsection (j) of this section.
The effective date of such repeal of subsections (e) through (k)
of this section shall be the date the governor's certification
is filed with the secretary of state.
(i) Repealed By Laws 2013, Ch. 39, § 2.
(ii) Repealed By Laws 2013, Ch. 39, § 2.