KRS 224.20-145: Conditions under which cabinet may propose or submit a plan

establishing carbon dioxide emission reduction performance standards for

existing fossil fuel-fired electric generating units -- Administrative regulations -

- Conditions under which performance standards plan is a legal nullity.

(1) The cabinet shall not propose or submit to the United States Environmental

Protection Agency any plan establishing performance standards for existing fossil

fuel-fired electric generating units unless the plan is:

(a) Consistent with KRS 224.20-140 to 224.20-146; and

(b) Prepared in consultation with the Kentucky Public Service Commission to

ensure that the plan:

1. Minimizes the impacts on current and future industrial, commercial, and

residential consumers; and

2. Does not threaten the affordability of Kentucky's rates or the reliability

of electricity service.

(2) The cabinet shall promulgate administrative regulations for the establishment and

implementation of any state plan to regulate emissions of carbon d ioxide emissions

from existing fossil fuel -fired electric generating units under 42 U.S.C. sec.

7411(d).

(3) Any state plan established by the cabinet to regulate emissions of carbon dioxide

pursuant to KRS 224.20-140 to 224.20-146 shall have no legal effect if:

(a) The United States Environmental Protection Agency:

1. Fails to issue federal rules or guidelines for reducing carbon dioxide

emissions from existing fossil fuel -fired electric generating units under

42 U.S.C. sec. 7411(d); or

2. Withdraws its f ederal rules or guidelines for reducing carbon dioxide

emissions from existing fossil fuel-fired electric generating units; or

(b) A court of competent jurisdiction invalidates the United States Environmental

Protection Agency's federal rules or guidelines issued to regulate emissions of

carbon dioxide from existing fossil fuel-fired electric generating units.