PRIOR PRINTER'S NOS. 3769, 3843
PRINTER'S NO. 3898
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SNYDER, OBERLANDER, KORTZ, KOTIK, SANKEY, NEUMAN, JAMES, TOPPER, HARHAI, GOODMAN, GIBBONS, LUCAS, HANNA, KULA, AUMENT, D. COSTA, CARROLL, EVERETT, CLYMER, READSHAW, P. DALEY, MARSHALL AND MAHONEY, JUNE 18, 2014
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, JUNE 29, 2014
1Requiring the Department of Environmental Protection to receive
2approval from the General Assembly for a State plan to
3regulate carbon dioxide emissions for existing stationary
4sources prior to submitting the State plan to the United
5States Environmental Protection Agency for approval.
8Section 1. Short title.
<-11Section 2. Declaration of policy.
12The General Assembly finds and declares as follows:
13(1) Reasonably priced reliable sources of electric power
14generated in this Commonwealth are vital to the health,
15safety and welfare of the residents and to the prosperity of
16this Commonwealth's economy.
4(3) Coal-fired electric generation power plants are
5developed primarily through the free enterprise system and
6require a significant commitment of funds and resources from
7shareholders, and the potential decision to deactivate or
8retire coal-fired electric generation power plants will have
9a long-term impact on this Commonwealth's economy.
10(4) Commonwealth coal-fired electric generation power
11plants that sell into the wholesale power markets strengthen
12competition and enhance the reliability of the bulk power and
13transmission systems and are vital to public interest.
14(5) The premature deactivation or retirement of coal-
15fired electric generation facilities significantly affects
16this Commonwealth's economy, environment, electric
17reliability and the general health, safety and welfare of
18this Commonwealth's residents, businesses and industries.
19(6) All electric power generators, but primarily coal-
20fired electric generation facilities, have been subjected to
21ongoing and unmitigated negative market conditions that have
22resulted in the premature deactivation and retirement of high
23capacity resources in this Commonwealth.
24(7) Over the past seven years, the Federal Environmental
25Protection Agency, the Ozone Transportation Commission and
26the Department of Environmental Protection have promulgated a
27myriad of environmental rules that have significantly
28increased costs to coal-fired electric generation facilities,
29making them less competitive in the wholesale power markets.
30(8) The United States Environmental Protection Agency
3(9) Since this Commonwealth is the second largest
4electricity producing state in the nation, the top net
5exporter of electricity and the fourth largest coal producing
6state, the United States Environmental Protection Agency's
7new greenhouse gas rule will have a significant, profound and
8long-lasting impact on the economy of this Commonwealth.
9(10) The United States Environmental Protection Agency's
10greenhouse gas rule will also affect those communities that
11host coal-fired power plants, the employees at those
12facilities and residential, commercial and industrial
13consumers in this Commonwealth who depend upon the reliable
14provisioning of electricity at an economic price.
15(11) Under the preliminary United States Environmental
16Protection Agency greenhouse gas rule, the Commonwealth has
17the authority to develop and submit to the United States
18Environmental Protection Agency a plan for how the
19Commonwealth will meet the United States Environmental
20Protection Agency's goals of reducing carbon dioxide
22(12) Due to the extraordinary impact that the United
23States Environmental Protection Agency's greenhouse gas rule
24will have on this Commonwealth, it is the responsibility of
25the General Assembly, working together with the Department of
26Environmental Protection, the Pennsylvania Public Utility
27Commission and other important stakeholders, to be directly
28involved in the development of the Commonwealth's plan.
29Section <-3 2. Definitions.
30The following words and phrases when used in this act shall
10Section <-4 3. State plan development.
11In accordance with the requirements of the EPA's regulation
12of carbon dioxide emissions for existing stationary sources, as
13published under docket EPA-HQ-OAR-2013-0602, the department
14shall develop and submit to the EPA a State plan for compliance
15with the regulation of carbon dioxide from existing power
16plants. In developing the State plan, the department shall do
17all of the following:
22(2) Conduct at least four public hearings in
23geographically dispersed locations in this Commonwealth,
24including locations that would be directly economically
25affected by the EPA's carbon dioxide regulation.
18(A) Demand-side energy efficiency programs.
19(B) Renewable energy standards.
22(D) Cofiring or switching to natural gas.
23(E) Transmission efficiency improvements.
24(F) Energy storage technologies.
29(I) Market-based trading programs.
30(J) Other energy conservation programs.
9Section <-5 4. Submission of the State plan.
10(a) Submission for approval to the General Assembly.--No
11less than 100 days prior to the department submitting the State
12plan to the EPA for approval, the department shall transmit the
13plan to the General Assembly for approval.
<-14(b) General Assembly duties.--The General Assembly shall
15expeditiously consider the State plan developed by the
16department under this section as a special order of business. No
17more than 20 days after receiving the State plan from
18department, the President pro tempore of the Senate and the
19Majority Leader of the House of Representatives shall place a
20concurrent resolution on the calendar summarizing the State plan
21and the members of each chamber of the General Assembly shall
22vote upon the concurrent resolution.
25(1) proposed as a resolution in each chamber;
30(c) Approval.--If <-both chambers each chamber of the General
4(d) Disapproval.--If either chamber of the General Assembly
5disapproves the <-concurrent resolution under subsection (b), the
6department may not submit the State plan to the EPA for
7consideration. The department shall do all of the following:
13(3) If necessary, request an extension of time from the
14EPA by submitting an initial State plan by June 30, 2016,
15that meets the minimum requirements for an initial State
16plan, as specified in the plan guidelines published by the
17EPA. The department shall transmit the following message with
18its submittal under this paragraph:
19Be advised that the State plan submitted by the
20Pennsylvania Department of Environmental Protection has
21not yet met the requirements of the Pennsylvania
22Greenhouse Gas Regulation Implementation Act requiring
23affirmative approval of the General Assembly. It is the
24intention of the Commonwealth of Pennsylvania to submit a
25State plan which conforms to this rulemaking. Under
26section 111(d) of the Clean Air Act, states must be given
27an opportunity to meet Federal environmental standards
28set forth by the Environmental Protection Agency. The
29Commonwealth of Pennsylvania hereby invokes the authority
30provided to it under section 111(d) of the Clean Air Act,
4(e) Default approval.--If no vote is taken by either chamber
5of the General Assembly to approve or disapprove the <-concurrent
6resolution under subsection (b) before 15 days of the June <-30
<-715, 2016, deadline, the State plan shall be deemed approved and
8shall be submitted to the EPA immediately.
9(f) Default approval after time to cure.--If either chamber
10of the General Assembly fails to approve a resubmitted plan
11under subsection (d)(2), within 60 days of the extension
12deadline, the resubmitted plan shall be deemed approved.<-
13Section <-6 5. Effective date.
14This act shall take effect immediately.