PRINTER'S NO. 303
No. 266 Session of 2007
INTRODUCED BY ERICKSON, BOSCOLA, C. WILLIAMS, RAFFERTY, WONDERLING, COSTA, GREENLEAF, MUSTO, STACK, FERLO, BROWNE, VANCE, WASHINGTON, O'PAKE, FONTANA, FUMO, McILHINNEY, MELLOW, KITCHEN, TOMLINSON, DINNIMAN, PILEGGI AND A. WILLIAMS, MARCH 8, 2007
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 8, 2007
AN ACT 1 Providing for a report on potential global warming impacts and 2 economic opportunities for this Commonwealth, for duties of 3 the Department of Environmental Protection, for an inventory 4 of greenhouse gases, for creation of stakeholder process, for 5 a voluntary registry of greenhouse gas emissions and for a 6 climate change action plan. 7 The General Assembly of the Commonwealth of Pennsylvania 8 hereby enacts as follows: 9 Section 1. Short title. 10 This act shall be known and may be cited as the Pennsylvania 11 Global Warming Act. 12 Section 2. Definitions. 13 The following words and phrases when used in this act shall 14 have the meanings given to them in this section unless the 15 context clearly indicates otherwise: 16 "Baseline." A level of greenhouse gas emissions against 17 which future emissions are measured. 18 "Carbon sequestration." The long-term storage of carbon or
1 carbon dioxide in forests, soils, oceans or underground in 2 depleted oil and gas reservoirs, coal seams and saline 3 aquifiers. 4 "Cobenefits." The economic, social, environmental, public 5 health and other benefits of global warming policies that are 6 independent of any benefits for reducing or mitigating global 7 warming. 8 "Department." The Department of Environmental Protection of 9 the Commonwealth. 10 "Global warming." Any increase in the earth's temperature 11 due, at least in part, to emissions of greenhouse gases 12 associated with human activities, including, but not limited to, 13 the burning of fossil fuels, biomass burning, cement 14 manufacture, agriculture, deforestation and other land-use 15 changes. 16 "Greenhouse gases" or "GHGs." Gases in the earth's 17 atmosphere that absorb and reemit infrared radiation, including 18 carbon dioxide, nitrous oxide, methane, hydrofluorocarbons, 19 perfluorocarbons and chlorofluorocarbons. 20 "Stakeholders." Experts on global warming and climate change 21 issues, which include persons from the scientific, business and 22 industry, environmental, social, outdoor and sporting, faith- 23 based and labor communities as well as other interested parties. 24 Section 3. Report on potential global warming impact and 25 economic opportunities for this Commonwealth. 26 (a) Report required.--The department shall prepare and 27 publish a report on the potential impact of global warming and 28 climate change in this Commonwealth. The report shall identify 29 the following: 30 (1) Scientific predictions regarding changes in 20070S0266B0303 - 2 -
1 temperature and precipitation patterns and amounts in this 2 Commonwealth that could result from global warming. 3 (2) The potential impact of global warming on human 4 health, the economy and the management of economic risk, 5 forests, wildlife, fisheries, recreation, agriculture and 6 tourism in this Commonwealth and any significant 7 uncertainties about the impact of global warming. 8 (3) Economic opportunities for this Commonwealth created 9 by the potential need for alternative sources of energy, 10 climate-related technologies, services and strategies; carbon 11 sequestration technologies; capture and utilization of 12 fugitive greenhouse gas emissions from any source and other 13 mitigation strategies. 14 (b) Cooperation.--In preparing the report, the department 15 may consult with Federal and other state agencies, academic 16 institutions and stakeholders. 17 (c) Deadline.--This report shall be completed, published and 18 distributed to the General Assembly and made available to the 19 public in printed form and on the Internet within six months of 20 the effective date of this act and shall be revised every three 21 years thereafter. 22 Section 4. Greenhouse gases inventory. 23 (a) Inventory required.--In consultation with stakeholders, 24 the department shall annually create an inventory of GHGs 25 emitted in this Commonwealth by all sources. This inventory 26 shall establish GHG emission trends and the relative 27 contribution of major sectors, including, but not limited to, 28 the transportation, electricity generation, industrial, 29 commercial, mineral and natural resources, agricultural and 30 domestic sectors. 20070S0266B0303 - 3 -
1 (b) Baseline.--The department shall establish a baseline of 2 GHG emissions that it shall use to project future GHG emissions 3 in this Commonwealth in the absence of government intervention. 4 (c) Coordination with action plan.--The inventory and 5 baseline shall be presented to the Governor and stakeholders 6 every three years as part of the GHG plan of action required 7 under section 7. 8 Section 5. Creation of stakeholder process. 9 (a) Appointment.--Within 30 days of the effective date of 10 this act, the Governor shall appoint stakeholders who shall 11 advise the department about implementation of the provisions of 12 this act. The stakeholders shall be appointed on account of 13 their expertise regarding global warming and climate change 14 issues. Stakeholders shall be chosen from scientific, business 15 and industry environmental, social, outdoor and sporting, faith- 16 based and labor communities along with other interested parties. 17 (b) Meetings.--Within 60 days of the effective date of this 18 act, the department shall call the first meeting of the 19 stakeholders and shall establish a schedule for regular meetings 20 with stakeholders about implementation of the provisions of this 21 act. 22 Section 6. Voluntary greenhouse gas registry. 23 Within 90 days of the effective date of this act, the 24 department shall create a voluntary greenhouse gas registry 25 through which interested businesses, governments, institutions 26 and other entities can record any reductions in greenhouse gas 27 emissions or any avoided emissions of greenhouse gas emissions 28 that are achieved in the absence of any government regulation. 29 The department shall develop rules and criteria for the 30 operation of the registry and shall create a site on the 20070S0266B0303 - 4 -
1 Internet for the public to examine a current list of registrants 2 and emission reductions and avoidances. 3 Section 7. Climate change action plan. 4 (a) Action plan required.--Within one year from the 5 effective date of this act and every three years thereafter, the 6 department shall, in consultation with the stakeholders, submit 7 to the Governor for approval a climate change action plan that: 8 (1) Identifies GHG emission trends and baselines in this 9 Commonwealth. 10 (2) Evaluates cost-effective strategies for reducing GHG 11 emissions from various sectors in this Commonwealth. 12 (3) Evaluates specific reduction targets for overall GHG 13 emissions in this Commonwealth. 14 (4) Identifies costs, benefits and cobenefits of GHG 15 reduction strategies recommended by the GHG action plan. 16 (5) Identifies areas of agreement and disagreement among 17 stakeholders about the GHG action plan. 18 (6) Recommends to the General Assembly legislative 19 changes necessary to implement the GHG action plan. 20 (b) Approval of Governor.--Within 90 days from receipt of 21 the GHG action plan, the Governor shall approve the GHG action 22 plan. In executing his approval, the Governor shall have the 23 option to amend the GHG action plan. 24 (c) Publication.--The approved GHG action plan shall be 25 published and distributed to the General Assembly and made 26 available to the public in printed form and on the Internet 27 within 30 days of the approval of the plan. 28 Section 8. Effective date. 29 This act shall take effect immediately. L20L27SFL/20070S0266B0303 - 5 -