Model State Resolution


January 16, 2003


UJAE Members:


Two of our members asked that UJAE make a model state resolution available on

multi-emissions legislation that member unions can recommend to their state legislators.

Gene Trisko drafted a resolution, which was discussed at a recent UJAE meeting.

Although the resolution was well received, it was not formally approved. In response

to our members request, the resolution is posted below. It is also available in

Adobe Acrobat format for easier printing.


The resolution calls for:

1) New federal regulation to reduce emissions regulated under the clean air act;

2) Encouragement of the expansion of voluntary greenhouse gas reduction programs;

3) Rejection of mandatory state legislation to reduce greenhouse gases until an equitable

    global agreement is reached and ratified by the U.S. Senate.


click here for Model State Resolution in Adobe Acrobat Reader format                     




Generic Resolution on State and Federal Multi-Emission Legislation


[_____] Fill in specific state name or agency








NO. ___ 




INTRODUCED BY ___________, _____________, and _______________.


JANUARY __, 2003


REFERRED TO _______________





Expressing the sense of the [General Assembly] that comprehensive, national multi-emission reduction programs are preferable to unilateral state actions; that Congress should amend the Clean Air Act to reduce emissions of criteria air pollutants, thereby facilitating attainment of existing and new National Ambient Air Quality Standards to protect public health and welfare; and that State and Federal efforts to reduce greenhouse gas emissions associated with global climate change should focus on voluntary emissions reductions that can be achieved in a cost-effective manner.



            WHEREAS, the United States Congress is considering legislation to amend the Clean Air Act to require significant reductions of emissions contributing to urban smog, acid precipitation, visibility impairment, mercury deposition and other adverse health and welfare effects of air pollution;


            WHEREAS, states will be required to implement the revised National Ambient Air Quality Standards for ozone and particulate matter promulgated by the U.S. Environmental Protection Agency (EPA) in 1997, potentially entailing new emission reduction programs for criteria air pollutants in many parts of the nation;


            WHEREAS, Congress has authorized five Regional Planning Organizations to coordinate state efforts to achieve the national goals of the long-term visibility protection program established by Congress through the Clean Air Act;


            WHEREAS, such coordinated national and regional efforts to reduce air pollutants regulated by the Clean Air Act can protect public health and welfare while providing a level economic and environmental playing field for all states;


            WHEREAS, unilateral emission reductions by individual states could undermine economic growth, employment and industrial competitiveness;


WHEREAS, global climate change associated with emissions of greenhouse gases not regulated by the Clean Air Act is a national and international environmental issue;


WHEREAS, the United States has rejected the Kyoto Protocol because it exempts developing nations from greenhouse gas emission reduction commitments, does not provide a global solution to climate change, and would harm the U.S. economy;


WHEREAS, 85% of our national energy consumption is based upon fossil fuels;


WHEREAS, fuel diversity is a key component of the national economy, enhances the affordability of energy, is essential for energy security, and augments energy development, production and transmission reliability;


WHEREAS, carbon dioxide and methane are greenhouse gases, are by-products of fossil fuel extraction and combustion, and also are produced by a variety of natural processes;


WHEREAS, neither carbon dioxide nor methane is classified by U.S. EPA as a criteria or hazardous air pollutant thereby subject to regulation under the Clean Air Act;


WHEREAS, the U.S. Department of Energy has estimated that reducing power plant emissions of carbon dioxide to 1990 levels as proposed by pending federal legislation would increase consumer electricity costs by 33 percent;


WHEREAS, the U.S. Department of Energy has further determined that the Kyoto Protocolís greenhouse gas emission reduction targets could cost the United States up to $400 billion annually;


WHEREAS, carbon dioxide represents approximately 95% of the greenhouse gases emitted by motor vehicles;


WHEREAS, the U.S. Department of Transportation is currently undertaking a Corporate Average Fuel Economy rulemaking that addresses greenhouse gas emissions from automobiles in a manner that carefully weighs technical, economic, safety, job, competitive and consumer choice implications;


WHEREAS, state regulation of carbon dioxide emission standards for motor vehicles is tantamount to a state version of federal fuel economy mandates that reduce consumer choice by restricting production of larger vehicles that provide more utility and passenger safety;


WHEREAS, states can encourage cost-effective greenhouse gas emission mitigation through greater implementation of innovative technologies, market-based consumer incentives, and support for public/private partnerships to promote the development of advanced energy technologies, and through enhanced carbon sequestration programs in agriculture and forestry; and


WHEREAS, state mandates to reduce greenhouse gas emissions from motor vehicles or other sectors would not produce demonstrable environmental benefits due to the global nature of the climate change phenomenon, but could lead to the loss of jobs, competitive disadvantage, and higher consumer costs for energy and other necessities


            NOW therefore be it


            RESOLVED, That the [General Assembly] calls upon the Congress to enact new Federal legislation to reduce emissions of air pollutants regulated under the Clean Air Act, in a manner that will protect public health and the environment, facilitate attainment of all National Ambient Air Quality Standards, and provide a level economic and environmental playing field for the states;


            RESOLVED, That the [General Assembly] encourages the expansion of existing and the creation of new voluntary greenhouse gas mitigation programs at the State and Federal level, especially those fostering improved energy efficiency, the development of advanced energy technologies, and cost-effective programs to sequester carbon and other greenhouse gases through agricultural and forestry management practices;


            RESOLVED, That the [General Assembly] opposes the enactment of unilateral State legislation aimed at reducing emissions of greenhouse gases through mandatory programs affecting motor vehicles or other sectors, until international climate change negotiations have produced an equitable agreement on global emission control responsibilities that has been submitted to and ratified by the U.S. Senate;


            And be it further


            RESOLVED, That copies of this resolution be transmitted to the President of the United States, the President of the U.S. Senate and Speaker of the U.S. House of Representatives, the Governor, the [Secretary of the State Department of Environmental Protection], the Chairman and Members of the [State Public Utility Commission], the Administrator of the U.S. Environmental Protection Agency, and each member of the United States Congress from [State].



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