Pennsylvania Act 2008-70 — PENNSYLVANIA CLIMATE CHANGE ACT - ENACTMENT

Act text

PENNSYLVANIA CLIMATE CHANGE ACT - ENACTMENT
                  Act of Jul. 9, 2008, P.L. 935, No. 70               Cl. 27
                                  AN ACT

     Providing for a report on potential climate change impacts and
        economic opportunities for this Commonwealth, for duties of
        the Department of Environmental Protection, for an inventory
        of greenhouse gases, for establishment of the Climate Change
        Advisory Committee, for a voluntary registry of greenhouse
        gas emissions and for a climate change action plan.

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

     Section 1.  Short title.
        This act shall be known and may be cited as the Pennsylvania
     Climate Change Act.
     Section 2.  Definitions.
        The following words and phrases when used in this act shall
     have the meanings given to them in this section unless the
     context clearly indicates otherwise:
        "Baseline."  A level of greenhouse gas emissions against
     which future emissions are measured.
        "Carbon sequestration."  The long-term storage of carbon or
     carbon dioxide in forests, forest products, soils, oceans or
     underground in depleted oil and gas reservoirs, coal seams and
     saline aquifiers.
        "Climate change."  Any alteration of the earth's climate due,
     at least in part, to emissions of greenhouse gases associated
     with human activities, including, but not limited to, the
     burning of fossil fuels, biomass burning, cement manufacture,
     agriculture, deforestation and other land-use changes.
        "Cobenefits."  The economic, social, environmental, public
     health and other benefits of climate change policies that are
     independent of any benefits for reducing or mitigating climate
     change.
        "Committee."  The Climate Change Advisory Committee
     established in section 5.
        "Department."  The Department of Environmental Protection of
     the Commonwealth.
        "Greenhouse gases" or "GHGs."  Gases in the earth's
     atmosphere that absorb and reemit infrared radiation, including
     carbon dioxide, nitrous oxide, methane, hydrofluorocarbons,
     perfluorocarbons and sulfur hexafluoride.
        "Secretary."  The Secretary of Environmental Protection of
     the Commonwealth.
     Section 3.  Report on potential climate change impact and
                    economic opportunities for this Commonwealth.
        (a)  Report required.--The department shall prepare and
     publish a report on the potential impact of climate change in
     this Commonwealth. The report shall identify the following:
            (1)  Scientific predictions regarding changes in
        temperature and precipitation patterns and amounts in this
        Commonwealth that could result from climate change. Such
        predictions shall reflect the diversity of views within the
        scientific community.
            (2)  The potential impact of climate change on human
        health, the economy and the management of economic risk,
        forests, wildlife, fisheries, recreation, agriculture and
        tourism in this Commonwealth and any significant
        uncertainties about the impact of climate change.
            (3)  Economic opportunities for this Commonwealth created
        by the potential need for alternative sources of energy,
        climate-related technologies, services and strategies; carbon
        sequestration technologies; capture and utilization of
        fugitive greenhouse gas emissions from any source; and other
        mitigation strategies.
        (b)  Cooperation.--In preparing the report, the department
     shall consult with Federal and other State agencies, academic
     institutions and the committee. The department may also evaluate
     the recommendations of climate change action plans prepared by
     counties and municipalities within this Commonwealth. The report
     shall reflect any diversity of opinion among the entities
     consulted by the department.
        (c)  Deadline.--This report shall be completed, published and
     distributed to the General Assembly and made available to the
     public in printed form and on the department's Internet website
     within nine months of the effective date of this act and shall
     be revised every three years thereafter.
     Section 4.  Greenhouse gases inventory.
        (a)  Inventory required.--In consultation with the committee,
     the department shall annually compile an inventory of GHGs
     emitted in this Commonwealth by all sources. This inventory
     shall establish GHG emission trends and the relative
     contribution of major sectors, including, but not limited to,
     the transportation, electricity generation, industrial,
     commercial, mineral and natural resources, production of
     alternative fuel, agricultural and domestic sectors.
        (b)  Baseline.--The department shall establish a baseline of
     GHG emissions that it shall use to project future GHG emissions
     in this Commonwealth in the absence of government intervention.
        (c)  Coordination with action plan.--The inventory and
     baseline shall be presented to the Governor, the General
     Assembly and the committee every three years as part of the
     climate change action plan required under section 7.
     Section 5.  Climate Change Advisory Committee.
        (a)  Establishment.--There is established within the
     department the Climate Change Advisory Committee. The purpose of
     the committee shall be to advise the department regarding the
     implementation of the provisions of this act.
        (b)  Membership.--
            (1)  The committee shall be composed of residents of this
        Commonwealth selected as set forth in this subsection.
        Members shall be appointed on account of their interest,
        knowledge or expertise regarding climate change issues.
        Members shall be selected to reflect a diversity of
        viewpoints on climate change issues from the scientific,
        business and industry, transportation, environmental, social,
        outdoor and sporting, labor and other affected communities.
            (2)  Eighteen members shall be appointed as follows:
                (i)  Six members appointed by the Governor.
                (ii)  Six members appointed by the Senate. Of these
            members, the Majority Leader of the Senate shall appoint
            four members, and the Minority Leader of the Senate shall
            appoint two members.
                (iii)  Six members appointed by the House of
            Representatives. Of these members, the Majority Leader of
            the House of Representatives shall appoint four members,
            and the Minority Leader of the House of Representatives
            shall appoint two members.
            (3)  The Secretary of Conservation and Natural Resources,
        the Secretary of Community and Economic Development and the
        Chair of the Pennsylvania Public Utility Commission, or their
        designees, shall be ex officio voting members of the
        committee.
        (c)  Appointment.--Members of the committee shall be
     appointed within 30 days of the effective date of this act.
        (d)  Terms of service.--A member shall be appointed for a
     term of four years. Of the initial members appointed by the
     Governor, three members shall serve initial terms of two years.
     Of the initial members appointed by the Majority Leader of the
     Senate, two members shall serve initial terms of two years. Of
     the initial members appointed by the Majority Leader of the
     House of Representatives, two members shall serve initial terms
     of two years. Of the initial members appointed by the Minority
     Leader of the Senate, one member shall serve an initial term of
     two years. Of the initial members appointed by the Minority
     Leader of the House of Representatives, one member shall serve
     an initial term of two years. After such initial terms, all
     appointments shall serve for a term of four years.
        (e)  Chairperson.--The chairperson of the committee shall be
     elected from among and by a majority vote of the members
     appointed under subsection (b)(2). The term of a chairperson
     shall be for two years, and an individual may serve no more than
     two consecutive terms as chairperson.
        (f)  Meetings.--Within 60 days of the effective date of this
     act, the department shall call the first meeting of the
     committee and shall establish a schedule for regular meetings of
     the committee to assist in the implementation of this act.
        (g)  Expenses.--Members of the committee shall serve without
     compensation but may be reimbursed from funds appropriated for
     such purposes for necessary and reasonable travel and other
     expenses incurred during the performance of their duties.
        (h)  Facilitator.--The department shall retain the services
     of a third-party facilitator to conduct the activities of the
     committee.
        (i)  Department responsibilities.--The department shall
     create and maintain an Internet website listing the membership,
     activities, meeting schedule, meeting agenda, expense
     reimbursements and other relevant information regarding the
     committee.
     Section 6.  Voluntary greenhouse gas registry.
        Within 90 days of the effective date of this act, the
     department shall create a voluntary greenhouse gas registry
     through which interested businesses, governments, institutions
     and other entities can record any reductions in greenhouse gas
     emissions or any avoided emissions of greenhouse gas emissions
     that are achieved in the absence of any government mandate to
     reduce such emissions. The department shall develop guidelines
     and criteria for the operation of the registry and shall create
     a site on the department's publicly accessible Internet website
     for the public to examine a current list of registrants and
     emission reductions and avoidances.
     Section 7.  Climate change action plan.
        (a)  Action plan required.--Within 15 months from the
     effective date of this act and every three years thereafter, the
     department shall, in consultation with the committee, submit to
     the Governor a climate change action plan that:
            (1)  Identifies GHG emission and sequestration trends and
        baselines in this Commonwealth.
            (2)  Evaluates cost-effective strategies for reducing or
        offsetting GHG emissions from various sectors in this
        Commonwealth.
            (3)  Identifies costs, benefits and cobenefits of GHG
        reduction strategies recommended by the climate change action
        plan, including the impact on the capability of meeting
        future energy demand within this Commonwealth.
            (4)  Identifies areas of agreement and disagreement among
        committee members about the climate change action plan.
            (5)  Recommends to the General Assembly legislative
        changes necessary to implement the climate change action
        plan.
        (b)  Publication.--The climate change action plan shall be
     published and distributed to the General Assembly and made
     available to the public in printed form and on the department's
     Internet website upon submission of the plan to the Governor.
     Section 8.  Effect of Federal law.
        (a)  Duty of secretary to monitor Federal law.--The secretary
     shall monitor the enactment of laws by the Congress of the
     United States to determine whether any law has been so enacted
     that it establishes a program of GHG inventory, registry or
     reporting requirements that are as or more comprehensive than
     those set forth in this act.
        (b)  Publication in Pennsylvania Bulletin.--If the secretary
     determines that such a law is enacted, the secretary shall
     publish this determination in the Pennsylvania Bulletin. The
     notice shall include a statement that affected entities shall be
     in compliance with this act or any subsequent act which imposes
     GHG inventory, registry or reporting requirements by submitting
     the same information to the department as is required to be
     submitted under Federal law.
     Section 9.  Effective date.
        This act shall take effect immediately.