House Republicans Move Bill Taking Away DEP’s Authority To Enact Carbon Pollution Reduction Program For Power Plants

On June 9, Republicans on the House Environmental Resources and Energy Committee amended and reported out House Bill 2025 (Struzzi-R-Indiana) to take away DEP’s authority to enact any program to reduce carbon pollution emissions from power plants or other sources.

Republicans, plus Rep. Pam Snyder (D-Greene), voted for the bill and all other Democrats voted against.

The bill now goes to the full House for consideration.

In his introductory remarks, Rep. Daryl Metcalfe (R-Butler), Majority Chair of the Committee said, "Governors do not have the unilateral authority to enter us into these types of agreements, where it's going to create an additional tax on our citizens that we haven't authorized. 

"This is supposed to be government of the people, and by the people, and for the people, we are the people's representatives. There is no tax unless we [General Assembly] authorize it. 

Rep. Metcalfe noted two of DEP’s advisory committees did not support the RGGI proposal-- Air Quality Technical Advisory Committee voted 9 to 9 with 1 abstention and DEP’s Citizens Advisory Council voted 9 to 4 against the proposal.

"This bill had several labor groups that have been strongly supportive of it, as we've seen during the hearing that we had. And even through these meetings, these recent council and committee meetings, I know that they expressed their desires for protecting their jobs and ensuring that the Commonwealth continue on the path to an energy enabled economy, like we've been on, now that we've seen so many jobs created in Pennsylvania,” said Rep. Metcalfe. 

"DEP's process in developing the regulation has been terrible. It provided very little information by which it could be evaluated and they've even not, even done their own homework. 

“So we've had no answers about what, if anything, will be done to prevent the leakage of energy jobs from moving across the border to non-RGGI States. We've had no answers about how they will provide any assistance to the many of the workers that are forcibly unemployed through this action of the governor. 

“And even now we've been, I've been stressing to the department and to the secretary, that we should not be moving forward with many of these regulatory schemes that they continue to push, in a time when we're battling this Chinese virus, that's crushed our economy and economies around the world. I mean, we're trying to recover. 

“Dictator Wolf closed down the Capitol today, so we can't have an audience that's here other than streaming. Hopefully it's streaming so that people can see what's going on. 

"Normally, the chairs [in the Committee room] would be full of people, today at this meeting, this would have been a packed room, we might've had our own protestors in little, uh, Tinkerbell outfits and unicorns like they came in the past, which I would have enjoyed today, especially if they got disruptive. We have a good security team here to make sure that we're able to conduct business.” 

Before the vote on the bill, Rep. Metcalfe said, “Those who have been arguing CO2 [carbon dioxide] is a pollutant.  I’d like to know how many pollutants [like carbon dioxide] are actually needed for you to grow vegetables so you actually have food on your table. I’d also like to know where the concern about the pollutant is that all you masks wearers are rebreathing back into your bodies again by wearing these masks… these masks of fear.”

Rep. Greg Vitali (D-Delaware), Minority Chair of the Committee, said “Climate change is the most serious long-term threat to this planet, and if you believe the overwhelming majority of atmospheric scientists, unless we get to carbon neutrality by mid-century, we are going to suffer the worst effects of climate change, which are just going to be devastating to people of this planet. 

“Pennsylvania's a huge greenhouse gas emitter, producing almost 1 percent of the world's greenhouse gases.  

“Legislatively, Pennsylvania has done nothing meaningful to combat climate change. This is the most important thing we can do right now is getting a [RGG] compatible model set up, and the governor has ordered that process to go through the EQB starting at its July meeting. 

“This effort to block it, which, almost undoubtedly will be vetoed by the governor, is ill considered. 

“Pennsylvania clearly has the authority to regulate carbon through the regulatory process based on the [state] Air Pollution Control Cct, which gives the state the authority to regulate pollutants, and the U.S. Supreme Court has made clear that carbon dioxide is a pollutant. 

“Also, authority to regulate carbon and protect the environment is based on the Environmental Amendment to the Pennsylvania Constitution. 

“This, along with passing the Alternative Energy Portfolio Standard [update] are vital steps in addressing climate change.

“I also might mention, with regard to the regulatory process which this proposal would go through, is perhaps a two year process which has much opportunity for public comment, much opportunity for public input, much opportunity for legislative input with us, along with our Senatorial com-compadres.”

In response to Rep. Vitali’s comments, Rep. Metcalfe said, “Gov. Wolf needs to be stopped on the [COVID-19] emergency declaration front that he's utilizing to violate the law and our Constitution and put so many lives in jeopardy. And he needs to be stopped with this bill and other measures. 

“And ultimately, I believe the impeachment measure is the only way to stop him from his illegal, unconstitutional actions that started in his first three months in office.”

Additional Background

On May 11, Gov. Tom Wolf wrote to Republican members of the Senate urging them to work "collaboratively with DEP" to develop a carbon pollution reduction program for power plants that benefits all Pennsylvanians. 

The letter also lays out the significant economic, health and environmental benefits of the proposal to reduce carbon pollution from power plants. Read more here.

On June 8, Gov. Tom Wolf said at a press conference on an unrelated issue he will veto House Bill 2025 (Struzzi-R- Indiana) which would take away DEP’s authority to enact any program to reduce carbon pollution emissions. Read more here.

 Also on June 8, the Pennsylvania Environmental Council and Environmental Defense Fund wrote to members of the House Environmental Resources and Energy Committee urging them to oppose House Bill 2025 (Struzzi-R- Indiana) to take away DEP’s authority to enact any program to reduce carbon pollution emissions. Read more here.

Reaction

Joseph Otis Minott, Esq., Executive Director and Chief Counsel of the Clean Air Council, issued the following statement following the Committee action:

“The Wolf administration has clear and considerable authority under existing law to establish a Pennsylvania program to control air pollution from power plants. Pennsylvania’s program to participate in RGGI would offer polluters a choice: reduce carbon emissions or purchase an allowance for your pollution. 

“Purchasing an allowance confers a valuable, tradeable commodity, giving the holder the privilege to pollute. It is deliberately and willfully misleading to describe this approach as a ‘tax.’ 

“Indeed, the legislation advanced today would strip DEP of its existing authority to control dangerous air pollution. The General Assembly can play an important role in this process, but misleading attacks are not what the residents of Pennsylvania deserve.”

A video of the meeting will be posted on the House Environmental Committee video webpage.

Rep. Daryl Metcalfe (R-Butler) serves as Majority Chair of the House Environmental Committee and can be contacted by calling 717-783-1707 or sending email to: dmetcalf@pahousegop.com. Rep. Greg Vitali (D-Delaware) serves as Minority Chair and can be contacted by calling 717-787-7647 or sending email to: gvitali@pahouse.net. 

NewsClip:
Cap-Star: Citing Executive Overreach, House Panel Advances Bill Blocking PA From Joining RGGI
Related Articles:

-- Gov. Wolf Advised Lawmakers In May Of Problems With Bills Taking Away DEP's Authority To Adopt Carbon Pollution Reduction Programs, Urged Them To Help Develop A Plan That Benefits All Pennsylvanians

-- Gov. Wolf Will Veto Bill Taking Away DEP's Authority To Enact Program To Reduce Carbon Pollution Emissions From Power Plants

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[Posted: June 9, 2020] PA Environment Digest