Submission of state plan

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  1. (a) The Division of Environmental Quality shall not submit a state plan to the United States Environmental Protection Agency under § 8-3-207 if the state plan:

    1. (1) Results in a significant rate increase annually for any rate class of the total delivered electricity cost per kilowatt hour or of the total natural gas cost per thousand cubic feet; or

    2. (2) Results in unreasonable reliability risks.

  2. (b) The division shall not submit a state plan to the United States Environmental Protection Agency until:

    1. (1) The Legislative Council has approved the state plan under § 8-3-207(b); or

    2. (2) The Governor directs the submission of a state plan under § 8-3-207(d).


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