SB 950 — An Act authorizing the Department of Environmental Protection to conduct a public comment process on and submit to the General Assembly a measure or action intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee on carbon dioxide emissions.

PRIOR PRINTER'S NO.

1404 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

1919 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL Session of No.

WARD, BAKER, PHILLIPS-HILL, SCAVELLO, BROOKS, MENSCH, BARTOLOTTA, REGAN, BROWNE, HUTCHINSON AND VOGEL, NOVEMBER 20, 2019 SENATORREFERRED YAW,TO ENVIRONMENTAL RESOURCES AND ENERGY, ASNOVEMBER AMENDED,20, SEPTEMBER2019 3, 2020 AN ACT Authorizing the Department of Environmental Protection to conduct a public comment process on and submit to the General limit carbon dioxide emissions by imposing a revenue-ol or generating tax or fee on carbon dioxide emissions.

(5) Given that Pennsylvania is one of the top net exporters of electricity and the third largest coal-producing 20190SB0950PN191920190SB0950PN1404 - 2 - state in the nation, abating, controlling or limiting carbon dioxide emissions will have a significant, profound and long- lasting impact on this Commonwealth's economy and require its consumers to import electricity generated by out-of-State fossil fuel plants, canceling out any emission reductions.

(a) Prohibition.--Except for a measure that is required by Federal law, the department may not adopt a measure or take any other action that is designed to abate, control or limit carbon dioxide emissions, including an action to join or participate in 20190SB0950PN191920190SB0950PN1404 - 3 - a State or regional greenhouse gas cap-and-trade program, including the RGGI, nor may the department establish a greenhouse gas cap-and-trade program, unless the General Assembly specifically authorizes such a measure or action by statute that is enacted on or after the effective date of this section.

(A)Prior DUTIES OF DEPARTMENT.--Prior to submitting a proposed <-- measure or other proposed action to the General Assembly under section 4(b), the department shall do the following:

(1) Submit to the Legislative Reference Bureau for publication in the Pennsylvania Bulletin the proposed measure or other proposed action that is in the form of DRAFT <-- legislation.

(2) During the public comment period, the department shall conduct a minimum of four public hearings,hearings CONDUCTEDon INthe <--proposed ACCORDANCEmeasure WITHor 65other PA.C.S.proposed action and shall conduct the hearings in geographically dispersed locations in this Commonwealth, including locations in which regulated sources of carbon dioxide emissions would be directly economically affected by the proposal.

CH.

7 (RELATING TO OPEN MEETINGS), on the proposed measure or other proposed action and shall conduct the hearings in geographically dispersed locations in this Commonwealth, including locations in which regulated sources of carbon dioxide emissions would be directly economically affected by the proposal.

The report shall include the following 20190SB0950PN1919 - 4 - information:

20190SB0950PN1404 - 4 - (i) A list of all individual facilities, by county, that would be subject to the proposed measure or other proposed action, along with:

20190SB0950PN1919 - 5 - (ii) A summary of the impacts on all industries 20190SB0950PN1404 - 5 - whose public testimony or comments were received by the department during the public comment period.

(D) The nature of the reports, forms or other paperwork that would be required for implementation and administration of the action or measure and the estimated cost for individuals, businesses and 20190SB0950PN1919 - 6 - organizations in the public and private sectors to 20190SB0950PN1404 - 6 - prepare them.

(B) LEGISLATION.--ONCE THE PUBLIC COMMENT PERIOD HAS <-- CONCLUDED AND THE DEPARTMENT HAS SUBMITTED THE REPORT TO THE STANDING COMMITTEES, THE DEPARTMENT SHALL SUBMIT THE MEASURE IN LEGISLATIVE FORM TO THE STANDING COMMITTEES AND REQUEST THAT A MEMBER OF THE STANDING COMMITTEES INTRODUCE THE LEGISLATION.

THIS ACTION SHALL CONSTITUTE SUBMITTING THE MEASURE OR ACTION TO THE GENERAL ASSEMBLY.

IF THE LEGISLATION IS INTRODUCED, THE LEGISLATION SHALL FOLLOW THE STANDARD LEGISLATIVE PROCESS AND MAY BE CONSIDERED BY A STANDING COMMITTEE IF THE LEGISLATION IS REFERRED TO THE STANDING COMMITTEE.

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