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.
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