Regular Session 2015-2016 House Resolution 0259 P.N. 1249

PRINTER'S NO. 1249

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE RESOLUTION

No.

259

Session of

2015

INTRODUCED BY NEUMAN, V. BROWN, W. KELLER, SNYDER, McNEILL,

GERGELY, OBERLANDER, ROZZI, SANKEY, KOTIK, METZGAR, SABATINA,

MATZIE, IRVIN, PYLE, EVERETT, P. COSTA, KORTZ, GABLER, DUSH,

CUTLER, SONNEY, GODSHALL, PASHINSKI, GIBBONS, TOOHIL, MUSTIO,

BARBIN, MURT, MAHONEY, WARNER AND D. COSTA, APRIL 20, 2015

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,

APRIL 20, 2015

A CONCURRENT RESOLUTION

Establishing the Joint Select Committee on the Implementation of

the Environmental Protection Agency's Greenhouse Gas

Regulation.

WHEREAS, Reasonably priced, reliable sources of electric

power generated in this Commonwealth are vital to the health,

safety and welfare of the residents and to the prosperity of

this Commonwealth's economy; and

WHEREAS, It is the responsibility of the Commonwealth to

ensure that a reliable supply of electric power is generated at

a level consistent with the need for electric power for the

protection of public health, safety and the environment; and

WHEREAS, Electric generation power plants are developed

primarily through the free enterprise system and require a

significant commitment of funds and resources from shareholders,

and the potential decision to deactivate or retire an electric

generation power plant will have a long-term impact on this

Commonwealth's economy; and

WHEREAS, The Environmental Protection Agency is currently

promulgating rules to regulate carbon dioxide emissions for

existing stationary sources, including coal-fired electric

generation plants; and

WHEREAS, The Environmental Protection Agency's proposed

carbon dioxide rule published under docket EPA-HQ-OAR-2013-0602

does not just regulate existing stationary source emissions, but

seeks to regulate beyond a stationary source's fenceline; and

WHEREAS, The Environmental Protection Agency's rule will

impact all types of electric generation, including natural gas

generation, renewable generation sources, demand response and

energy efficiency and nuclear generation as well as coal-fired

generation sources; and

WHEREAS, Once the Environmental Protection Agency publishes

the final rule, the Commonwealth will be given the opportunity

to develop a State Implementation Plan to meet the Federal

requirements; and

WHEREAS, The final Environmental Protection Agency carbon

dioxide rule is expected to be published during the summer of

2015; and

WHEREAS, The General Assembly enacted Act 175 of 2014, known

as the Pennsylvania Greenhouse Gas Regulation Implementation

Act, in anticipation of the Environmental Protection Agency's

carbon dioxide rule; and

WHEREAS, Act 175 provides that the elected legislators of the

General Assembly should have an integral role in the development

and submission of the Commonwealth's State Implementation Plan

for carbon dioxide reductions; and

WHEREAS, Due to the complexity of the Federal carbon dioxide

20150HR0259PN1249 - 2 -

rule, the speed at which the Commonwealth must develop a State

Implementation Plan once the Federal rule is finalized, and the

various policy and legislative issues which will be impacted by

the Federal rule, a special select committee of the General

Assembly is necessary; and

WHEREAS, No one standing committee of the Senate or the House

of Representatives is best positioned to consider the

interrelated issues involved in the Federal carbon dioxide rule,

including the impact to the various sectors of the electric

power generation industry, the impact to consumers of

electricity, the impact to public health, the environmental

impact to air quality and the impact to the Commonwealth's

overall economy; therefore be it

RESOLVED (the Senate concurring), That the General Assembly

establish the Joint Select Committee on the Implementation of

the Environmental Protection Agency's Greenhouse Gas Regulation

to examine, investigate and complete a report on the most

appropriate manner in which to comply with the Federal carbon

dioxide rule; and be it further

RESOLVED, That the Joint Select Committee established under

this resolution consist of the following:

(1) Three members of the Senate appointed by the

President pro tempore of the Senate.

(2) Three members of the Senate appointed by the

Minority Leader of the Senate.

(3) Three members of the House of Representatives

appointed by the Speaker of the House of Representatives.

(4) Three members of the House of Representatives

appointed by the Minority Leader of the House of

Representatives.

20150HR0259PN1249 - 3 -

(5) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the Senate.

(6) The chairman and minority chairman of the

Environmental Resources and Energy Committee of the House of

Representatives.

(7) The chairman and minority chairman of the Consumer

Protection and Professional Licensure Committee of the

Senate.

(8) The chairman and minority chairman of the Consumer

Affairs Committee of the House of Representatives;

and be it further

RESOLVED, That the members of the Joint Select Committee

under this resolution be appointed within 20 days of the

adoption of this resolution; and be it further

RESOLVED, That the Joint Select Committee under this

resolution meet within 10 days after all members are appointed;

and be it further

RESOLVED, That the Joint Select Committee under this

resolution elect joint chairpersons from among the members of

the committee, with one being from the Senate and one being from

House of Representatives; and be it further

RESOLVED, That the Joint Select Committee be subject to 65

Pa.C.S. Ch. 7 (relating to public officers) and the act of

February 14, 2008 (P.L.6, No.3), known as the Right-to-Know Law;

and be it further

RESOLVED, That the Joint Select Committee under this

resolution:

(1) send for persons, subpoena and examine witnesses and

compel the production and examination of documents and other

evidence that may be necessary for the discharging of duties

20150HR0259PN1249 - 4 -

imposed under this resolution under the seal of the

chairpersons of the Joint Select Committee;

(2) conduct at least four public hearings in

geographically dispersed locations in this Commonwealth,

including locations that would be directly economically

affected by the carbon dioxide regulation;

(3) accept written testimony and consider, as part of

the deliberations, all written and oral testimony provided;

and

(4) consider all of the following:

(i) whether to rely on measures the Environmental

Protection Agency used to calculate the carbon dioxide

reduction goal, as well as other measures that were not

part of the Environmental Protection Agency's goal-

setting process;

(ii) whether the Commonwealth should participate in

multistate programs that already exist or whether a new

multistate carbon dioxide reduction program should be

created;

(iii) whether the Commonwealth should invest in

energy efficiency programs during the compliance period

to assist in meeting the carbon dioxide reduction goals;

(iv) whether the Commonwealth should work in

partnership with other states;

(v) when individual power plants must make

reductions;

(vi) the extent to which any of the following should

be included in the State Implementation Plan:

(A) demand-side energy efficiency programs;

(B) renewable energy standards;

20150HR0259PN1249 - 5 -

power plants;

(D) co-firing or switching to natural gas;

(E) transmission efficiency improvements;

(F) energy storage technologies;

(G) the retirement or deactivation of existing

affected generation units or facilities;

(H) the expansion of non-emitting sources, such

as nuclear power;

(I) market-based trading programs; or

(J) other energy conservation programs;

(vii) how best to avoid stranded investments in

existing affected power plants;

(5) prioritize the components of the State

Implementation Plan options based on a least-cost compliance

approach to benefit consumers of electricity;

(6) take into consideration the necessity and value to

having a diverse generation fleet to ensure electric

reliability in this Commonwealth; and

(7) consider the direct impact of the Federal carbon

dioxide rule on employment in this Commonwealth by industry

sector, including private sector union employment;

and be it further

RESOLVED, That no later than 12 months from the date of the

appointment of the members to the Joint Select Committee, the

committee submit a report of its findings to the following:

(1) The President pro tempore of the Senate.

(2) The Speaker of the House of Representatives.

(3) The Secretary of Environmental Protection;

and be it further

20150HR0259PN1249 - 6 -

RESOLVED, That the ordinary and reasonable expenses incurred

by the Joint Select Committee be paid from accounts under the

control of the Chief Clerk of the Senate and the Chief Clerk of

the House of Representatives; and be it further

RESOLVED, That a copy of this resolution be transmitted to

the following:

(1) The Pennsylvania Congressional Delegation.

(2) The Administrator of the Environmental Protection

Agency.

(3) The Secretary of the Department of Environmental

Protection, including the following message with the

submittal:

Be advised that the General Assembly has enacted a

Resolution establishing a Joint Select Committee to

examine, investigate and complete a report on the most

appropriate manner in which to comply with the Federal

carbon dioxide rule, consistent with the Pennsylvania

Greenhouse Gas Regulation Implementation Act. Under Act

175 of 2014, the Department of Environmental Protection

must consider the views of the elected members of the

General Assembly in the development of the State

Implementation Plan for compliance with the Federal

carbon dioxide rule for existing stationary sources. It

is the intention of this Select Committee to further

direct the Department of Environmental Protection in the

development of the State Implementation Plan that will

ultimately be submitted to the House of Representatives

and the Senate for approval.

20150HR0259PN1249 - 7 -