How did we get here?
Here’s background on the introduction and development of the regulation and the extensive involvement of stakeholders and the Senate and House in this process.
On October 3, 2019, Gov. Wolf issued an executive order directing DEP, under its existing statutory authority, to prepare a proposed regulation establishing a Carbon Pollution Reduction Program for power plants compatible with the Regional Greenhouse Gas Initiative.
That announcement kicked off a public discussion of setting up a program in the Senate and House, with DEP advisory committees and with the public generally.
The Senate and House environmental committees have held multiple hearings and information sessions on DEP’s carbon pollution reduction proposal starting with a briefing in the Senate on October 22, 2019 [Read more here] even before the formal proposal was released.
On November 19, 2019, Senate and House Republicans announced legislation to take away DEP’s authority to adopt any greenhouse gas reduction program like RGGI or the Regional Transportation Climate Initiative addressing carbon emission reductions from vehicle fuels.
On January 30, 2020, DEP released draft regulations establishing a cap-and-invest Carbon Pollution Reduction Program capable with RGGI for discussion with stakeholders, advisory committees and the public and during individual meetings with legislators and stakeholders.
Three DEP advisory committees considered DEP’s proposal-- two voted against forwarding the proposal to the Environmental Quality Board for consideration and the third ended in a tie vote.
On April 21, 2020, 18 Senate Republicans wrote to Gov. Wolf asking him to withdraw his executive order requiring DEP to develop a Carbon Pollution Reduction Program. On May 5, House Republican members did a similar letter.
Gov. Wolf declined to withdraw the executive order and urged Republicans to help develop a plan that will benefit all Pennsylvanians. Read more here.
A June 23, 2020 Senate committee hearing summarizes the major points made on DEP’s carbon pollution reduction proposal. Read more here.
On July 3, House Republicans passed House Bill 2025 taking away DEP’s authority to enact carbon pollution reduction programs and moved the bill to the Senate.
On July 30, Senate Minority Leader Jay Costa, Jr. (D-Allegheny) introduced Senate Bill 15 which, consistent with existing statutory authority, provides for the adoption of a “Cap and Invest” program to reduce carbon pollution from power plants and for the use of proceeds from the program to protect communities and workers already adversely affected by the changing energy economy, provide low-income assistance with energy bills and promotes clean energy and energy efficiency. Read more here.
Similar legislation was introduced in the House-- House Bill 2856-- by Rep. Carolyn Comitta (D-Chester).
On September 9, the Senate passed House Bill 2025 taking away DEP’s authority to adopt carbon pollution reduction programs and sent it to the Governor for his action.
On September 15, the Environmental Quality Board voted 13 to 6 to approve the proposed regulation establishing the Carbon Pollution Reduction Program compatible with the Regional Greenhouse Gas Initiative for public review. Read more here.
On September 24, Gov. Wolf vetoed House Bill 2025 (Struzzi-R-Indiana) taking away DEP’s authority to adopt a carbon pollution reduction program for power plants compatible with the Regional Greenhouse Gas Initiative.
There was no attempt to override the Governor’s veto.
On November 7, the Environmental Quality Board opened a formal public comment period on the proposed regulation that included a series of ten public hearing sessions on the regulation making them available across Pennsylvania with a virtual format. Read more here.
On February 3, 2021, Republicans on the Senate Environmental Resources and Energy Committee approved a letter to the Independent Regulatory Review Commission recommending they disapprove of a proposed Environmental Quality Board regulation reducing Carbon Pollution from Power Plants. Read more here.
On February 3, Gov. Wolf’s FY 2021-22 budget included one new environmental and energy proposal to create an Energy Communities Trust Fund to provide direct support to dislocated workers and communities experiencing impacts from the closure of existing power plants. Read more here.
On February 16, staff of the Independent Regulatory Review Commission submitted its comments to the Environmental Quality Board on the proposed regulation establishing a Carbon Pollution Reduction Program covering power plants consistent with the Regional Greenhouse Gas Initiative recommending more environmental protections to carbon pollution and a delay in implementing the regulation by one year. Read more here.
95 percent of the over 14,000 comments received during the comment period and the 10 public hearing sessions on DEP’s proposed Carbon Pollution Reduction Regulation supported the proposal. Read more here.
72 percent of Pennsylvania voters support the state’s participation in the Regional Greenhouse Gas Initiative, according to a poll released in September. Read more here.
73 percent of Pennsylvania voters are concerned about the future negative impacts of climate change on their children and grandchildren and also want state government to support communities financially-- 70 percent--who may be impacted by the change to cleaner energy sources. Read more here.
On March 10, the Department of Environmental Protection announced a set of guiding equity principles to help inform the public on the implementation of the Regional Greenhouse Gas Initiative (RGGI) and investments of the program’s proceeds. Read more here.
On April 21, Senate Republicans wrote a letter to Gov. Wolf to advise him they will reject all future nominees to the Public Utility Commission until he withdraws his executive order joining the Regional Greenhouse Gas Initiative to reduce carbon pollution from power plants.
The PUC has nothing to do with the RGGI regulation.
In the subsequent political battle, Gov. Wolf said he would not be sending any more cabinet nominations to the Senate in light of the Senate Republican position. Read more here.
On April 27, the Senate Environmental Resources and Energy Committee reported out Senate Bill 119 (Pittman-R-Indiana) taking away DEP’s statutory authority to adopt regulations to reduce carbon pollution from any source, including power plants consistent with the Regional Greenhouse Gas Initiative by party-line vote-- Republicans supporting. Read more here.
On May 4, the Republican members of the House Environmental Resources and Energy Committee sent a letter to the organization administering the Regional Greenhouse Gas Initiative reducing carbon pollution from power plants expressing the view of those members Gov. Wolf does not have the statutory authority to adopt regulations joining that initiative. Read more here.
On May 5, Gov. Wolf released the 2021 Climate Impacts Assessment Report showing the average temperature and increased occurrences of heatwaves and heavy rainfall events are the three highest-risk climate changes. Compared to a 1971-2000 baseline, the statewide average annual temperature is projected to be 5.9° F hotter by midcentury. Read more here.
During the week of May 17, four DEP advisory committees voted to recommend moving ahead with the final Carbon Pollution Reduction Program regulation. They include--
-- DEP’s Air Quality Technical Advisory Committee voted 10 to 8 to 1 to recommend DEP move the regulation to the Environmental Quality Board for final action [had a tie vote on the proposed version];
-- DEP’s Citizens Advisory Council voted 8 to 5 to 1 to recommend DEP move the regulation to the Environmental Quality Board for final action [opposed the proposed version];
-- DEP’s Small Business Compliance Advisory Committee voted 4 to 3 to recommend DEP move the regulation to the Environmental Quality Board for final action [opposed the proposed version]; and
-- DEP’s Environmental Justice Advisory Board voted to approve a motion to express their support for DEP’s final Regional Greenhouse Gas Initiative. The Board recommended development of equity principles to be included in the final version and DEP did develop those principles and they will be included with their proposal.
On June 4, Sen. Carolyn Comitta (D-Chester), Minority Chair of the Senate Environmental Resources and Energy Committee, announced plans to introduce legislation-- Senate Bill 15-- to invest the proceeds from the proposed Carbon Pollution Reduction Program covering power plants (RGGI) in efforts to help communities and workers during the transition to clean energy, environmental justice areas and other initiatives. Read more here.
Rep. Dianne Herrin (D-Chester) introduced companion legislation-- House Bill 1565. Read more here.
No legislation was introduced by Republicans on how the proceeds from a Carbon Pollution Reduction Program to support communities and workers affected by the transition happening now to a cleaner energy economy.
House and Senate Republicans did not express concerns when 19 coal-fired power plants closed in Pennsylvania as a result of competition with natural gas. It is likely the remaining coal-fired power plants will close in the state with or without this regulation. Read more here.
On June 8, the House Environmental Resources and Energy Committee reported out House Bill 637 (Struzzi-R-Indiana) which takes away DEP’s authority to adopt carbon pollution reduction programs covering power plants and any other source. Read more here.
On June 14, Republicans in the Senate passed Senate Bill 119 (Pittman-R-Indiana) taking away DEP’s statutory authority to adopt regulations to reduce carbon pollution from any source, including power plants consistent with the Regional Greenhouse Gas Initiative by party-line vote-- Republicans supporting.
On July 13, the Environmental Quality Board voted 15 to 4 to approve the final regulation establishing a Carbon Pollution Reduction Program covering power plants after an attempt at the beginning of the more than two hour long meeting to delay action by Republican legislators on the Board. Read more here.
On July 28, Republicans on the House Environmental Resources and Energy Committee voted to send a letter urging the Independent Regulatory Review Commission to disapprove of the final Carbon Pollution Reduction regulation for power plants consistent with the Regional Greenhouse Gas Initiative. Read more here.
On August 18, Republicans on the Senate Environmental Resources and Energy Committee voted to send a letter to the Independent Regulatory Review Commission disapproving of the final Carbon Pollution Reduction regulation covering power plants [RGGI]. Read more here.
On August 19, the Majority Chair of the House Environmental Resources and Energy Committee announced a September 2 meeting to consider a concurrent resolution to kill the final regulations establishing a Carbon Pollution Reduction Program covering power plants consistent with the Regional Greenhouse Gas Initiative. Read more here.
The meeting is in anticipation of action by the Independent Regulatory Review Commission on the final regulation.
For more information on the final regulation, visit DEP’s Regional Greenhouse Gas Initiative webpage.
(Photo: The Bruce Mansfield Power Plant, Beaver County, the largest coal-fired power plant in Pennsylvania, closed in November 2019 due to competition from natural gas. No plan was in place to help the workers and community deal with the impact of the closure.)
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