PRINTER'S NO. 1543
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
277
Session of
2015
INTRODUCED BY STEFANO, EICHELBERGER, ARGALL, BARTOLOTTA,
GORDNER, WHITE, VOGEL, HUTCHINSON, FOLMER, VULAKOVICH, WARD,
YAW, SCARNATI AND WOZNIAK, FEBRUARY 5, 2016
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 5, 2016
A RESOLUTION
Urging the Department of Environmental Protection to request a
two-year extension for submitting a plan to comply with the
Federal Clean Power Plan, and directing the Legislative
Budget and Finance Committee to conduct a cost compliance
study prior to submission of the final implementation plan to
the Environmental Protection Agency.
WHEREAS, In August 2015, the White House and the
Environmental Protection Agency (EPA) announced the Clean Power
Plan, which sets national standards for carbon emissions and
state-specific carbon emissions reduction mandates setting forth
guidelines for development, submission and implementation of
state plans to achieve EPA-determined reduction mandates; and
WHEREAS, In October 2015, the EPA published the final Clean
Power Plan in the Federal Register, triggering lawsuits
nationwide; and
WHEREAS, Twenty-seven states have since filed suit and
petitioned the United States Court of Appeals for the District
of Columbia Court for a stay of the final rule; and
WHEREAS, Petitioning states assert that a stay is appropriate
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as it can be shown that the final rule is in excess of the EPA's
statutory authority, goes beyond the bounds set by the
Constitution of the United States, and is arbitrary, capricious,
an abuse of discretion and not in accordance with law; and
WHEREAS, Despite this widespread opposition and forthcoming
legal challenge, the Governor and the Secretary of Environmental
Protection have chosen to fast-track the Commonwealth's
compliance and have indicated that the Commonwealth will forgo
the available two-year extension and submit a final
implementation plan to the EPA by September 6, 2016; and
WHEREAS, The impact of this new rule could have disastrous
consequences on the price and reliability of electricity, this
Commonwealth's economy and jobs and its position as a national
leader in exporting electricity; and
WHEREAS, Until legal challenges to this rule have been
decided and a full review of the economic impact of this rule on
Pennsylvania has been completed, it is in the best interest of
the Commonwealth to request the available two-year extension in
submitting a final implementation plan; and
WHEREAS, To ensure the Commonwealth understands the State
implications of the Clean Power Plan, the Legislative Budget and
Finance Committee is directed to conduct a cost compliance study
prior to submission of a final implementation plan; and
WHEREAS, This study shall include the impact and cost of the
implementation plan on new and existing electric generation
units, as well as other components, including reliability,
ratepayer impact and implementation feasibility; therefore be it
RESOLVED, That the Senate urge the Department of
Environmental Protection to request the available two-year
extension for submitting a plan to comply with the Federal Clean
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Power Plan, and direct the Legislative Budget and Finance
Committee to conduct a cost compliance study of the final
implementation plan prior to submission to the EPA.
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