1Requiring the Department of Environmental Protection to receive
3the General Assembly for a State plan to regulate carbon
4dioxide emissions for existing stationary sources prior to
5submitting the State plan to the United States Environmental
6Protection Agency for approval.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1.  Short title.

10This act shall be known and may be cited as the Pennsylvania
11Greenhouse Gas Regulation Implementation Act.

12Section 2.  Definitions.

13The following words and phrases when used in this act shall
14have the meanings given to them in this section unless the
15context clearly indicates otherwise:

16"Department." The Department of Environmental Protection of
17the Commonwealth.

1"Environmental Protection Agency" or "EPA." The United
2States Environmental Protection Agency or the Administrator of
3the United States Environmental Protection Agency.

4"State plan." The state plan authorized by the Environmental
5Protection Agency under docket EPA-HQ-OAR-2013-0602.

6Section 3. State plan development.

7In accordance with the requirements of the EPA's regulation
8of carbon dioxide emissions for existing stationary sources, as
9published under docket EPA-HQ-OAR-2013-0602, the department
10shall develop and submit to the EPA a State plan for compliance
11with the regulation of carbon dioxide from existing power
12plants. In developing the State plan, the department shall do
13all of the following:

14(1)  Summon and examine witnesses and compel the
15production and examination of documents and other evidence
16that may be necessary for the discharging of duties imposed
17under this act.

18(2)  Conduct at least four public hearings in
19geographically dispersed locations in this Commonwealth,
20including locations that would be directly economically
21affected by the EPA's carbon dioxide regulation.

22(3)  Accept written testimony and consider, as part of
23the deliberations on the State plan, all written and oral
24testimony provided.

25(4)  Consider all of the following in the development of
26the State plan:

27(i)  Whether to rely on measures the EPA used to
28calculate the carbon dioxide reduction goal, as well as
29other measures that were not part of the EPA goal-setting

1(ii)  Whether the Commonwealth should participate in
2multistate programs that already exist, or whether a new
3multistate carbon dioxide reduction program should be

5(iii)  Whether the Commonwealth should invest in
6energy efficiency programs during the compliance period
7to assist in meeting the EPA's goal.

8(iv)  Whether the Commonwealth should work in
9partnership with other states.

10(v)  When individual power plants must make

12(vi)  The extent to which any of the following should
13be included in the State plan:

14(A) Demand-side energy efficiency programs.

15(B) Renewable energy standards.

16(C) Efficiency improvements at existing affected
17power plants.

18(D) Cofiring or switching to natural gas.

19(E) Transmission efficiency improvements.

20(F) Energy storage technologies.

21(G) The retirement or deactivation of existing
22affected generation units or facilities.

23(H) The expansion of nonemitting sources, such
24as nuclear power.

25(I) Market-based trading programs.

26(J) Other energy conservation programs.

27(vii)  How best to avoid stranded investments in
28existing affected power plants.

29(5)  Prioritize the components of the State plan based on
30a least-cost compliance approach to benefit consumers of


2(6) Take into consideration the necessity and value to
3having a diverse generation fleet to ensure electric
4reliability in this Commonwealth.

<-5Section 4. Enhanced public review procedures.

6The Senate Environmental Resources and Energy Committee and
7House Environmental Resources and Energy Committee shall each
8conduct at least four public hearings on options for
9Pennsylvania's compliance with the State Plan, in geographically
10dispersed locations in this Commonwealth, including locations
11that would be directly economically affected by EPA's carbon
12dioxide regulation.

13(1) As part of the deliberation on the State Plan, the
14committees shall accept written testimony and consider, the
15written and oral testimony provided and submit a written
16report of their findings to the department for its

18(2) The committees shall post copies of their written
19reports on the Internet website of the committee.

20Section <-4 5<-.  Submission of the State plan.

21(a)  Submission for <-approval c<-onsideration to the General
22Assembly.--No less than 100 days prior to the department
23submitting the State plan to the EPA for approval, the
24department shall transmit the plan to the General Assembly for
<-25approval c<-onsideration.

26(b) Consideration by General Assembly.--Upon transmission 
27under subsection (a), the State plan shall be:

28(1) proposed as a resolution in each chamber;

29(2) placed on the calendar of each chamber for the next
30legislative day following transmission; and

1(3) considered by each chamber within 20 days after

<-3(c)  Approval.--If each chamber of the General Assembly
4adopts the resolution under subsection (b), the department may
5submit the State plan to the EPA for consideration.

<-6(c) Consideration.--Each chamber shall consider the State
7Plan resolution and vote to either endorse or disapprove.

8(d)  Disapproval.--If either chamber of the General Assembly
9disapproves the resolution under subsection (b),<- the department 
10may not submit the State plan to the EPA for consideration. The 
11department shall do all of the following:

12(1)  Determine the reasons for disapproval and modify the
13State plan.

14(2)  Cause the State plan to be resubmitted to the
15General Assembly utilizing the process delineated under
16subsection (b) within 60 days of the disapproval.

17(3)  If necessary, request an extension of time from the
18EPA by submitting an initial State plan by June 30, 2016,
19that meets the minimum requirements for an initial State
20plan, as specified in the plan guidelines published by the
21EPA. The department shall transmit the following message with
22its submittal under this paragraph:

23Be advised that the State plan submitted by the
24Pennsylvania Department of Environmental Protection has
25not yet met the requirements of the Pennsylvania
26Greenhouse Gas Regulation Implementation Act requiring
27affirmative approval of the General Assembly. It is the
28intention of the Commonwealth of Pennsylvania to submit a
29State plan which conforms to this rulemaking. Under
30section 111(d) of the Clean Air Act, states must be given

1an opportunity to meet Federal environmental standards
2set forth by the Environmental Protection Agency. The
3Commonwealth of Pennsylvania hereby invokes the authority
4provided to it under section 111(d) of the Clean Air Act,
5and, in accordance with the Pennsylvania Greenhouse Gas
6Implementation Act, will be making a further filing with
7the agency.

8(e) Default approval.--If no vote is taken by either chamber
9of the General Assembly to approve or disapprove the resolution 
10under subsection (b) before June 15, 2016, deadline, the State
11plan shall be deemed approved and shall be submitted to the EPA

13(f) Default approval after time to cure.--If either chamber
14of the General Assembly fails to approve a resubmitted plan
15under subsection (d)(2), within 60 days of the extension the
16resubmitted plan shall be deemed approved.

<-17the chamber shall present the department with a summary of the
18reasons for disapproval. Within 90 days of receipt of the
19chamber's summary of reasons for disapproval, the department
20shall provide a report addressing the chamber's concerns and
21identifying potential strategies to address the concerns,
22including, but not limited to, a discussion of the benefits and
23drawbacks of submitting a revised State Plan to EPA.

24Section 6. Submission of State Plan to EPA.

25Notwithstanding the language of this act, the department 
26shall have the authority to submit the State Plan to EPA, as 
27required by Federal law.

28Section <-5 7<-.  Effective date.

29This act shall take effect immediately.