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A JOINT RESOLUTION declaring the Commonwealth of Kentucky a sanctuary 1
state from the United States Environmental Protection Agency's overreaching regulatory 2
actions on fossil fuel-fired power plants. 3
WHEREAS, according to the United States Energy Information Agency, the price 4
per kilowatt hour of electricity in Kentucky for all sectors rose from 4.24 cents in 2001 to 5
10.51 cents in 2022; and 6
WHEREAS, Kentucky once enjoyed some of the lowest electricity rates in the 7
nation, but now has only the 18th lowest average electricity rates; and 8
WHEREAS, about 68% of the utility-scale electricity generation in the 9
Commonwealth is produced with coal, 23% is produced with natural gas, 8% is produced 10
with hydropower, and less than 1% is produced with wind, solar, or biomass generation 11
resources; and 12
WHEREAS, a history of regulatory overreach by the United States Environmental 13
Protection Agency (US EPA) with regard to its rulemaking under the Clean Air Act, 42 14
U.S.C. sec. 7401 et seq., and its enforcement of those rules has resulted in the premature 15
closure of fossil fuel-fired power plants, which has led to increased energy prices and a 16
less reliable and resilient electric grid in the Commonwealth; and 17
WHEREAS, recent examples of this regulatory overreach include US EPA's 18
adoption of the Clean Neighbor Plan, which would require states to reduce emissions 19
from power plants and industrial facilities within their own borders in order to reduce air 20
pollution in other states, as well as the US EPA's latest proposed rulemaking for existing 21
and new source performance standards for greenhouse gas emissions from fossil fuel-22
fired electric generating units, which would require coal and natural gas fired power 23
plants to shut down, shift generation to other inputs, or adopt technologies that have not 24
been proven to be technically or financially feasible; and 25
WHEREAS, the Ninth Amendment to the Constitution of the United States 26
guarantees to the people rights not granted in the Constitution, and reserves to the people 27 UNOFFICIAL COPY 24 RS BR 2325
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of Kentucky certain rights as they were understood at the time Kentucky was admitted to 1
the Union as a state on June 1, 1792; and 2
WHEREAS, the US EPA has time and again overstepped its regulatory authority by 3
using standards and rulemaking that are not supported by the text or intent of the Clean 4
Air Act, 42 U.S.C. sec. 7401 et seq., and in so doing has abridged the unenumerated 5
rights protected by the Ninth Amendment to the Constitution of the United States, 6
including the right to be free from imperial power by the federal government over the 7
states that deprives the citizens of economic security and well-being, which is 8
fundamental and understood by all citizens of the United States; 9
NOW, THEREFORE, 10
Be it resolved by the General Assembly of the Commonwealth of Kentucky: 11
Section 1. The Kentucky General Assembly declares the Commonwealth of 12
Kentucky a sanctuary state from the overreaching regulatory power of the United States 13
Environmental Protection Agency. 14
Section 2. Air quality standards set for permits and generally for the operation 15
of fossil fuel-fired power plants in the Commonwealth of Kentucky shall not be subject to 16
federal regulation. Jurisdiction for environmental regulation shall be held solely by the 17
Energy and Environment Cabinet. 18
Section 3. State agencies shall not collect fines or penalties for any violations of 19
federal requirements as they apply to fossil fuel-fired power plants. 20
Section 4. The Clerk of the House of Representatives is directed to transmit a 21
copy of this Joint Resolution to Michael S. Regan, Administrator of the United States 22
Environmental Protection Agency. 23