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                                                       PRINTER'S NO. 303

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

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
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     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.
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     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
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     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.

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