Florida 2024 2024 Regular Session

Florida House Bill H0517 Analysis / Analysis

Filed 01/17/2024

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0517.ACR 
DATE: 1/17/2024 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HM 517    Foreign Polluters 
SPONSOR(S): Overdorf and others 
TIED BILLS:   IDEN./SIM. BILLS: SM 800 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Agriculture, Conservation & Resiliency 
Subcommittee 
 	Gawin Moore 
2) Infrastructure Strategies Committee   
SUMMARY ANALYSIS 
Greenhouse gases are gases that trap heat in the atmosphere. Greenhouse gases include carbon dioxide 
(CO2), methane, nitrous oxide, and fluorinated gases. CO2 is naturally present in the atmosphere as part of the 
Earth’s carbon cycle, but additional carbon enters the atmosphere though burning fossil fuels, solid waste, 
trees, and other biological materials and accounts for most of the greenhouse gases released into the 
atmosphere by human activity.  
 
In 2015, 195 parties signed the Paris Agreement, an international treaty that provides a framework for the 
global reduction of greenhouse gases. Under the agreement, each signatory is required to establish an 
emissions target known as a nationally determined contribution, which must be updated every five years. 
Currently, the People’s Republic of China accounts for 30 percent of all greenhouse gas emissions, the United 
States accounts for 11 percent, the European Union accounts for 7 percent, India accounts for 7 percent, and 
the Russian Federation accounts for 5 percent.  
 
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the Governor for 
review. Memorials have no force of law, as they are mechanisms for formally petitioning the federal 
government to act on a particular subject. 
 
The memorial urges the U.S. Congress to support solutions that examine the pollution differential between 
U.S. production and other countries and that hold foreign polluters accountable for their pollution.  
 
The memorial does not have a fiscal impact on the state or local governments.    STORAGE NAME: h0517.ACR 	PAGE: 2 
DATE: 1/17/2024 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Greenhouse Gases 
Greenhouse gases are gases that trap heat in the atmosphere. Greenhouse gasses include carbon 
dioxide (CO2), methane, nitrous oxide, and fluorinated gases.
1
 Greenhouse gas concentrations are 
measured in parts per million, parts per billion, and even parts per trillion. One part per million is 
equivalent to one drop of water diluted into about 13 gallons of liquid.
2
 CO2 is naturally present in the 
atmosphere as part of the Earth’s carbon cycle, but additional carbon enters the atmosphere though 
burning fossil fuels, solid waste, trees, and other biological materials and accounts for most of the 
greenhouse gasses released into the atmosphere by human activity.
3
 Increases of CO2 released into 
the atmosphere can intensify concentrations of CO2 for thousands of years due to the persistent nature 
of CO2 in the atmosphere.
4
  
 
Global Emissions Goals   
In 2015, 195 parties
5
 signed the Paris Agreement (Agreement), an international treaty that provides a 
framework for the global reduction of greenhouse gases.
6
 The Agreement aims to substantially reduce 
global greenhouse gas emissions in order to hold the global temperature increase to less than 2 
degrees Celsius (˚C) above pre-industrial levels and pursue efforts to limit it to 1.5˚C above pre-
industrial levels.
7
 Under the Agreement, each signatory is required to establish an emissions target 
known as a nationally determined contribution (NDC),
8
 which must be updated every five years.
9
  
 
Since 2015, the United Nations (UN) has published an annual Emissions Gap Report to track the gap 
between where global emissions are heading with current country commitments and where they should 
be.
10
 According to the 2023 Emissions Gap Report, global greenhouse gas emissions reached a record 
high in 2022, with atmospheric CO2 concentrations growing to 417.9 parts per million.
11
 The United 
States has historically made significant contributions to greenhouse gas emissions, but reached its 
emissions peak and has reduced its absolute emissions for more than 10 years.
12
 Currently, the 
People’s Republic of China (China) accounts for 30 percent of all greenhouse gas emissions, the U.S. 
accounts for 11 percent, the European Union accounts for 7 percent, India accounts for 7 percent, and 
the Russian Federation accounts for 5 percent.
13
 The U.S. set an NDC aiming for an economy-wide 
                                                
1
 United States Environmental Protection Agency (EPA), Overview of Greenhouse Gases, 
https://www.epa.gov/ghgemissions/overview-greenhouse-gases (last visited Jan. 2, 2024).  
2
 Id.  
3
 Id.  
4
 EPA, Understanding Global Warming Potentials, https://www.epa.gov/ghgemissions/understanding-global-warming-potentials (last 
visited Jan. 2, 2024). 
5
 The European Union is one party, representing 27 member states. United Nations (UN) Treaty Collection, Paris Agreement, 7.d 
Paris Agreement, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XXVII-7-
d&chapter=27&clang=_en&_gl=1*1cvnxdd*_ga*MTI4NTEzNDU2Ny4xNzAwNTA2ODQx*_ga_TK9BQL5X7Z*MTcwMTQ0ND
A0NC4zLjAuMTcwMTQ0NDA0NC4wLjAuMA..#EndDec ( last visited Jan. 2, 2024).  
6
 UN, The Paris Agreement, https://www.un.org/en/climatechange/paris-agreement (last visited Jan. 2, 2024). 
7
 Id. 
8
 NDCs are targets set by a country to mitigate greenhouse gas emissions that cause climate change and for adapting to climate 
impacts. UN, All About NDCs, https://www.un.org/en/climatechange/all-about-ndcs#countries (last visited Jan. 2, 2024).  
9
 UN Environment Programme, Emissions Gap Report 2023: Broken Record – Temperatures hit new highs, yet world fails to cut 
emissions (again) (2023), 1, available at https://doi.org/10.59117/20.500.11822/43922 (last visited Jan. 2, 2024). 
10
 UN, Emissions Gap Report 2023, https://www.unep.org/resources/emissions-gap-report-2023 (last visited Jan. 2, 2024). 
11
 UN Environment Programme, Emissions Gap Report 2023: Broken Record – Temperatures hit new highs, yet world fails to cut 
emissions (again) (2023), 4, available at https://doi.org/10.59117/20.500.11822/43922 (last visited Jan. 2, 2024). 
12
 Id. at 7-8. 
13
 Id. at 8.   STORAGE NAME: h0517.ACR 	PAGE: 3 
DATE: 1/17/2024 
  
target of reducing its net greenhouse gas emissions by 50 to 52 percent below 2005 levels by 2030.
14
 
China’s updated NDC goals include having CO2 emissions peak before 2030, achieving carbon 
neutrality before 2060, and lowering CO2 emissions per unit of gross domestic product by over 65 
percent from the 2005 level.
15
 According to the UN, current country NDCs fall short of what is required 
to reach the 1.5˚C goal specified in the Agreement.
16
  
 
Legislative Memorials 
Legislative memorials are not subject to the Governor’s veto powers and are not presented to the 
Governor for review. Memorials have no force of law, as they are mechanisms for formally petitioning 
the federal government to act on a particular subject.  
 
Effect of the Memorial 
 
The memorial urges the U.S. Congress to support solutions that examine the pollution differential 
between U.S. production and other countries and that hold foreign polluters accountable for their 
pollution.  
 
The memorial calls for copies of the memorial to be dispatched to the President of the U.S., the 
President of the U.S. Senate, the Speaker of the U.S. House of Representatives, and each member of 
the Florida delegation to the U.S. Congress. 
 
B. SECTION DIRECTORY: 
Not applicable.  
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
                                                
14
 UN Framework Convention on Climate Change, The United States of America Nationally Determined Contribution (2021), 1, 
available at https://unfccc.int/sites/default/files/NDC/2022-06/United%20States%20NDC%20April%2021%202021%20Final.pdf (last 
visited Jan. 2, 2024).  
15
 UN Framework Convention on Climate Change, China’s Achievements, New Goals and New Measures for Nationally Determined 
Contributions, 2, available at  https://unfccc.int/sites/default/files/NDC/2022-
06/China%E2%80%99s%20Achievements%2C%20New%20Goals%20and%20New%20Measures%20for%20Nationally%20Determi
ned%20Contributions.pdf (last visited Jan. 2, 2024). 
16
 Id. at 1.   STORAGE NAME: h0517.ACR 	PAGE: 4 
DATE: 1/17/2024 
  
None. 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. The memorial does not appear to affect county or municipal governments.  
 
 2. Other: 
None. 
 
B. RULE-MAKING AUTHORITY: 
The memorial neither authorizes nor requires executive branch rulemaking. 
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None. 
IV.  AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES 
Not applicable.