HB195 Alabama 2010 Session

Summary

Primary Sponsor

Johnny Mack Morrow

Democrat

Co-Sponsors

Harry ShiverSteve McMillanJim McClendonSteve ClouseBarry MaskDavid GrimesMicky HammonFrank McDanielBenjamin H. LewisGerald H. AllenDickie DrakeJeremy OdenElwyn ThomasCam WardTodd GreesonRandy DavisH. Mac GipsonMike HillMac McCutcheonGregory CanfieldMary Sue McClurkin

Session

Regular Session 2010

Title

Greenhouse gas emissions, state agency prohibited from adopting or enforcing a state or regional program to limit or regulate motor vehicle fuel economy or from implementing a cap and trade program without legislative authorization

Summary

HB195 would block state agencies from creating or enforcing greenhouse gas or cap-and-trade programs unless the Legislature explicitly authorizes them after a thorough impact assessment.

What This Bill Does

Prohibits state departments, offices, or agencies from adopting or enforcing cap-and-trade programs, greenhouse gas restrictions, or motor vehicle fuel economy measures without express legislative authorization enacted after this bill. Requires a comprehensive assessment of the program's fiscal, economic, consumer, and small business impacts before any authorization can take effect. Requires the Director of the Department of Environmental Management to prepare a written report describing the proposed program and its impacts, and the Legislature must approve the measure by legislative act for it to become legal and operative. Goes into effect immediately upon passage and governor's approval (or upon becoming law otherwise).

Who It Affects

• State agencies (including the Department of Environmental Management) would be barred from adopting or enforcing greenhouse gas, motor vehicle fuel economy, or cap-and-trade programs without express legislative authorization.
• The Alabama Legislature (Senate and House) and the Governor would hold the authority to approve, via legislative act, any proposed program after receiving the required impact analysis and DEM report.

Key Provisions

• Section 1: Any state or regional cap-and-trade or greenhouse gas program proposed by a state agency must receive express legislative authorization after a comprehensive assessment of fiscal, economic, consumer, and small business impacts before it has legal effect.
• Section 2: No state department, office, or agency may adopt or enforce such programs without post-enactment legislative authorization; defines 'greenhouse gas' to include CO2, methane, nitrous oxide, SF6, HFCs, and PFCs.
• Section 3: The DEM Director must provide a written report to the President of the Senate and Speaker of the House within three months of the act’s effective date or related regional initiative recommendations, detailing the proposed program, its fiscal and broad impacts, and any required legislation; the Legislature must approve by legislative act for the program to become legal and operative.
• Section 4: The act becomes effective immediately after passage and governor's approval, or otherwise when it becomes law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Environment