On Wednesday, Gov. Corbett signed into law House Bill 2354 (Snyder-D-Fayette) which authorizes a one-House of the General Assembly to veto any greenhouse gas emission reduction plan required by the U.S. Environmental Protection Agency.  It is now Act 175.

In a letter to the Pennsylvania Environmental Council Wednesday, Gov. Corbett offered an explanation for why he signed the bill into law--

“The U.S. Environmental Protection Agency’s (EPA) rulemaking regulating carbon emissions from existing stationary sources is widely regarded as one of the most impactful standards to be handed down by the federal government in a generation.

“In addition to the environmental impacts cited by the EPA, this rulemaking may have substantial affect on the Commonwealth’s economy, residential and business electric consumers and the strength and reliability of our electric transmission and distribution grid.

“Carbon is also unique in comparison to most other pollutants regulated by the Commonwealth, as the vast majority of pollutants regulated pose a direct human health hazard that can be based upon an ambient air quality standard.

“Conversely, carbon was not an emission that has generally contemplated to be regulated when either the federal Clean Air Act or the state’s Air Pollution Control Act was enacted. 

“As such, I believe there is an appropriate role to be played by the elected members of the General Assembly, in partnership with the Executive branch, as the Commonwealth crafts the best plan possible for the citizens of Pennsylvania.”

Reaction

Davitt Woodwell, PA Environmental Council President & CEO, issued this statement Thursday in response to Gov. Corbett signing House Bill 2354--

“Yesterday Gov. Corbett signed House Bill 2354 – the Pennsylvania Greenhouse Gas Regulation Implementation Act – into law as Act 175 of 2014. Act 175 grants either chamber of the General Assembly unparalleled authority to veto any plan developed by the Pennsylvania Department of Environmental Protection (Department), pursuant to Federal Clean Air Act requirements, to reduce carbon dioxide emissions from existing power plants.

“Pennsylvania is a leading contributor of greenhouse gas emissions, and our focus should be on advancing solutions towards reducing those emissions from all sources and sectors across the Commonwealth“ said Davitt Woodwell, President and CEO of the Pennsylvania Environmental Council (PEC). “Instead, our state seems more intent on stalling and second guessing any progress, irrespective of the weight of analysis and public engagement that has informed such efforts.

“Act 175 fails to provide any substantive criteria for the General Assembly’s review or approval of an emissions reduction plan submitted by the Department.

“Despite passing the bipartisan Pennsylvania Climate Change Act in 2008 – influenced in no small part by PEC’s own Climate Change Roadmap (released in 2007) – Pennsylvania has failed to advance any meaningful or comprehensive strategy for reducing greenhouse gas emissions” said Woodwell. “Six years later, Harrisburg is no further along in addressing an issue that has unprecedented environmental, economic, and public health ramifications for our state. Act 175 presents no solutions, it only serves to protract the challenges facing all of us.”

The Pennsylvania Environmental Council last week urged Gov. Corbett to veto the bill saying, “By authorizing a one-House veto of any plan the Department develops, House Bill 2354 goes far beyond the oversight role the General Assembly should have over the implementation of environmental regulations in the Commonwealth. It replaces any balanced discussion of the actions we should take and turns the issue into an unguided political football.

“In contrast to the oversight role the General Assembly has already carved out for itself under the Regulatory Review Act, it does not require passage of a concurrent House-Senate resolution with an opportunity to sign or veto that resolution by the Governor. It allows one chamber to veto those plans and force the Department to start over. This creates a serious chilling effect on any effort to pass necessary measures to reduce greenhouse gas emissions in our Commonwealth.

“In 2008 the General Assembly passed bipartisan legislation -- the Pennsylvania Climate Change Act -- laying out a thoughtful process for detailing the contributions the Commonwealth makes to climate change, and offers members of the General Assembly a direct role in helping to formulate a Climate Change Action Plan through the Climate Change Advisory Committee.

“Further, the Air Pollution Control Act requires any changes to the State Implementation Plan, which ultimately any climate change plan would be, to have extensive public review before it is forwarded to EPA.

“The Regulatory Review Act requires any regulations proposed to implement the State Implementation Plan to be reviewed by the Independent Regulatory Review Commission and the General Assembly under an extensive process, allowing for concurrent resolution and the Governor’s review.

“Now House Bill 2354 would add a fourth bite at the apple for interests who oppose action on this critical and complex issue by authorizing a one-House veto. It makes a decision that should be decided on facts and substantive analysis into a political debate without any criteria to guide the General Assembly’s review.”

Rep. Pam Snyder (D-Fayette), prime sponsor of the legislation said, “Effective immediately, Pennsylvania will craft its energy strategy to reduce greenhouse gases.  The Commonwealth will advance using 21st century technologies and employing the state’s unique blend of resources and experience.

“Pennsylvania citizens are the ultimate stakeholders, and Act 175 will ensure that emission curbs serve the Commonwealth by protecting jobs, pocketbooks and power supplies. We need to curb greenhouse gases but without kicking coal and coal communities to the gutter.

“Above all, the DEP is charged with developing emission curbs at least cost to Pennsylvania ratepayers and protecting the reliability of electric supplies. It would be foolhardy to proceed without stressing those responsibilities, and I am most grateful for the bipartisan support the measure has garnered.

"It is what we were elected to do, and it’s the appropriate thing to do.  While the EPA managed to develop its emissions mandate without congressional authorization, the Pennsylvania General Assembly will have its say on any plan submitted to Washington, D.C.

“Pennsylvania will not default on its responsibilities. It is in our hands – where it belongs – to meet the emissions mandate while protecting Pennsylvania’s interests.”

The PA Coal Alliance put out this statement--

“Fundamental questions about energy reliability, infrastructure and price need to be addressed during the planning phase to ensure that, whatever strategy for compliance Pennsylvania ultimately pursues, it will result in an electric generation mix that will achieve the emission reduction targets and maintain competitive pricing for manufacturers and consumers,” said Pennsylvania Coal Alliance CEO, John Pippy.

“I’ve been doing business in Pennsylvania for 28 years and the EPA’s proposed carbon regulations will directly impact my livelihood and the livelihood of those that we employ,” said Tom Crooks, Vice President of R.G. Johnson. “Thank you to the legislature and Gov. Corbett for supporting legislation that takes a comprehensive approach to our energy policy and allows for the consideration of all impacts and outcomes of these proposed rules to ensure Pennsylvania’s business owners and ratepayers are not overlooked in this process.”

The Senate never prepared a Fiscal Note on the bill to determine how much it would cost taxpayers to implement.

NewsClips:

Corbett Approves Bills On Stream Buffers, Carbon Plan

Greenhouse Gas Law Gives Lawmakers Seat At Table

Key Word In Climate Change? Change

Op-Ed: Bury Carbon? Bury The Idea

10/27/2014