PRIOR PRINTER'S NOS. 3769, 3843, 3898
PRINTER'S NO. 4290
THE GENERAL ASSEMBLY OF PENNSYLVANIA
INTRODUCED BY SNYDER, OBERLANDER, KORTZ, KOTIK, SANKEY, NEUMAN, JAMES, TOPPER, HARHAI, GOODMAN, GIBBONS, LUCAS, HANNA, KULA, AUMENT, D. COSTA, CARROLL, EVERETT, CLYMER, READSHAW, P. DALEY, MARSHALL, MAHONEY, MURT, McNEILL, DeLUCA AND COHEN, JUNE 18, 2014
SENATOR CORMAN, APPROPRIATIONS, IN SENATE, RE-REPORTED AS AMENDED, OCTOBER 8, 2014
1Requiring the Department of Environmental Protection to receive
2approval from CONSIDERATION AND ENDORSEMENT OR DISAPPROVAL BY<-
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.
9Section 1. Short title.
12Section 2. Definitions.
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:
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.
14(A) Demand-side energy efficiency programs.
15(B) Renewable energy standards.
18(D) Cofiring or switching to natural gas.
19(E) Transmission efficiency improvements.
20(F) Energy storage technologies.
25(I) Market-based trading programs.
26(J) Other energy conservation programs.
<-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
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
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
28(1) proposed as a resolution in each chamber;
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:
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
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.
28Section <-5 7<-. Effective date.
29This act shall take effect immediately.