Senate Environmental Resources and Energy Committee Advances Bills to Limit RGGI
The committee met on September 3 to consider five bills. The first bill of interest to the construction industry is:
SB 950 – to be known as The Carbon Dioxide Cap and Trade Authorization Act. Sponsored by Sen. Joe Pittman (R-Indiana) authorizes the Department of Environmental Protection to conduct a public comment process on and submit to the General Assembly a measure/act intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee. This legislation establishes the process for legislative approval before Pennsylvania imposes a carbon tax on employers engaged in electric generation, manufacturing or other industries operating in the commonwealth, or enters into any multi-state program, such as the Regional Greenhouse Gas Initiative (RGGI), that would impose such a tax.
An amendment offered by Pittman adds language requiring the Department of Environmental Protection to submit the measure in legislative form to the standing committees and request that a member of the standing committees introduce the legislation. The amendment further provides if the legislation is introduced, it shall follow the standard legislative process and may be considered by a standing committee if referred. The amendment was adopted with Chairman Santarsiero and Senators Leach and Williams voting in the negative.
Sen. Pittman provided an overview of the legislation and the amendment. He argued that the legislation “would give voice to the voiceless in this process.”
Democrat Chairman Steve Santarsiero (D-Bucks) expressed his opposition to the amendment and to the legislation. He explained, “The Pollution Control Act did in fact give the governor the authority to undertake this regulatory process and, ultimately, if that process is successful, entering into the Regional Greenhouse Gas Initiative (RGGI). Therefore, I would respectively disagree with my colleague that the General Assembly has had no voice in this because when the General Assembly passed the Pollution Control Act it gave the governor that authority.” He argued, “The governor is elected by all the people of Pennsylvania and he is the only official in this process who is actually elected at-large throughout the entire state.” Chairman Santarsiero noted that because this has to go through the regulatory process, beginning with the Environmental Quality Board, there will be ample opportunity for public comment.
Sen. Andrew Dinniman (D-Chester) commented, “I have a different position on this right now. I have gone through what I would claim are the horrors of the pipeline through our area.” He said, “I have not found the governor or the Department of Environmental Protection (DEP) to be responsive.” Sen. Dinniman continued, “I have asked this committee for assistance and I understand that, but I would be a hypocrite if I voted for this in committee when my colleague, Sen. Pittman, is going through exactly the same situation but over a different issue.” He told committee members, “While I want RGGI and I don’t know how I will vote when it gets to the floor, in this committee I need to make it clear that we have to help each other, especially with DEP or with the governor’s office when they don’t hear the people in our districts speak out.”
The bill was reported as amended with Chairman Santarsiero and Senators Leach and Williams voting in the negative.
Chairman Yaw then called up the House companion bill, HB 2025, sponsored by Rep. Jim Struzzi (R-Indiana). The Pennsylvania Carbon Dioxide Cap and Trade Authorization Act authorizes the Pennsylvania Department of Environmental Protection (DEP) 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 emissions. This legislation provides for a process of legislative approval before the imposition of a carbon tax on employers engaged in electric generation, manufacturing or other industries operating in the commonwealth, or entering into any multi-state program, such as the Regional Greenhouse Gas Initiative (RGGI), that would impose such a tax. Provides, once the public comment period is 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 a member introduce the legislation.
The bill was reported as committed with Chairman Santarsiero and Senators Leach and Williams voting in the negative.
This Month in the PA Bulletin:
State Registration Board Publishes Proposed Rulemaking on Digital Signature and Seals
The State Registration Board for Professional Engineers, Land Surveyors and Geologists has provided notice of proposed rulemaking amending digital signature and seal requirements. This proposed rulemaking will become effective upon final-form publication in the Pennsylvania Bulletin.
Interested persons are invited to submit written comments regarding this proposed rulemaking to the Regulatory Counsel, State Registration Board for Professional Engineers, Land Surveyors and Geologists, at PO Box 69523, Harrisburg, PA 17106 or RA-STRegulatoryCounsel@pa.gov . Reference No. 16A-4712 (Digital Signature and Seal), when submitting comments. Comments must be submitted by September 21, 2020, to be considered by the Board. Additional information can be found on the Pennsylvania Bulletin: http://www.pacodeandbulletin.gov/Display/pabull?file=/secure/pabulletin/data/vol50/50-34/1142.html
Legislative Activity
The following bills and co-sponsorship memos for bills to be introduced of interest to PSPE were acted on by the General Assembly this past month.
Budget Related Bills
SB 1258 RE: Tax Exemption of Personal Protection Equipment (by Sen. Wayne Fontana, et al)
Amends the Tax Reform Code, in sales and use tax, providing exclusions from tax the sale at retail to or use of various enumerated items necessitated by a disaster emergency if the sale or use of which takes place during the period there is a declaration of disaster emergency.
Introduced and referred to committee on Senate Finance, 8/18/2020
COVID-19 Related Legislation
HB 2541 RE: Countywide Reopening Plan for Businesses (by Rep. Frank Farry, et al)
Amends Title 35 (Health and Safety) providing for countywide reopening plan for businesses. Provides that the governing body of a county, in consultation with the county emergency management agency, county health department, county health officer or any other appropriate health or emergency management official, may develop and implement a countywide reopening plan for businesses subject to closure by the governor due to the spread of a communicable disease during a public health emergency.
Received in the Senate and referred to Senate Veterans Affairs & Emergency Preparedness Committee, 8/10/2020
HB 2759 RE: Business Interruption Insurance Act (by Rep. Frank Dermody, et al)
provides an insurance policy that insures against loss or damage to property, which includes the loss of use and occupancy and business interruption, in force on the date of a proclamation of disaster emergency shall be construed to include among the covered perils under the insurance polity coverage for business interruption all losses as a result of the proclamation, including due to a global virus transmission or pandemic. Further provides the coverage shall be afforded not subject to any exclusions, including one for virus or pandemic, as long as the loss is the result of a natural disaster causing the proclamation to be issued. Requires the coverage to indemnify the insured of an insurance policy, subject to the broadest or greatest limit and lowest deductible afforded to business interruption coverage under the insurance policy, for any loss of business or business interruption for the duration of the declaration. This shall apply to an insurance policy that is issued to an insured of an insurance policy if the insured has fewer than 100 eligible employees in the commonwealth and is in force on the date of the proclamation. Also provides for relief and reimbursement and special purpose apportionments.
Introduced and referred to House Insurance Committee, 8/7/2020
Local/State Government/Regulations
HB 2025 RE: Pennsylvania Carbon Dioxide Cap and Trade Authorization Act (by Rep. Jim Struzzi, et al)
Authorizes the Pennsylvania Department of Environmental Protection (DEP) 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 emissions. This legislation provides for a process of legislative approval before the imposition of a carbon tax on employers engaged in electric generation, manufacturing or other industries operating in the commonwealth, or entering into any multi-state program, such as the Regional Greenhouse Gas Initiative (RGGI), that would impose such a tax. Provides, once the public comment period is 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 a member introduce the legislation.
Reported as committed from Senate Environmental Resources and Energy Committee, and read first time, 9/3/2020
SB 950 RE: The Carbon Dioxide Cap and Trade Authorization Act (by Sen. Joe Pittman, et al)
Authorizes the Department of Environmental Protection to conduct a public comment process on and submit to the General Assembly a measure/act intended to abate, control or limit carbon dioxide emissions by imposing a revenue-generating tax or fee. This legislation establishes the process for legislative approval before Pennsylvania imposes a carbon tax on employers engaged in electric generation, manufacturing or other industries operating in the commonwealth, or enters into any multi-state program, such as the Regional Greenhouse Gas Initiative (RGGI), that would impose such a tax.
Reported as amended from Senate Environmental Resources and Energy Committee, and read first time, 9/3/2020
Transportation
HR 968 RE: Put the Brakes on Fatalities Day (by Rep. Stan Saylor, et al)
A Resolution designating October 10, 2020, as “Put the Brakes on Fatalities Day” in Pennsylvania.
Introduced as noncontroversial resolution, 8/18/2020
Copies of all bills of interest can be accessed via the Internet at: http://www.legis.state.pa.us/cfdocs/legis/home/session.cfm
Upcoming meetings of Interest
Some House Committee meetings and session can be viewed online at: http://www.pahousegop.com/
Senate Committee meetings and session can be streamed at: http://www.pasenategop.com/
UPDATED 2020 HOUSE SESSION SCHEDULE
September 15, 16, 17, 29, 30
October 1, 5, 6, 7, 19, 20, 21
November 10
UPDATED 2020 SENATE SESSION SCHEDULE
September 8, 9, 21, 22, 23
October 5, 6, 7, 19, 20, 21
November 10
State Registration Board for Professional Engineers, Land Surveyors and Geologists Meeting Schedule
PUBLIC WELCOME
All Board meetings are held at Penn Center, 2601 N. 3rd Street, Harrisburg, PA, at 9:30 a.m.
Remaining 2020 Meeting Dates (Subject to change): September 16, November 10
State Geospatial Coordinating Board
NEW Location: 1 Technology Park, Commonwealth Technology Center (CTC), Harrisburg, PA 17110 • 2020
1:30 PM – 3:00 PM
Remaining 2020 Board Meetings: November 16, 2020 / 1:30-3:00 PM Via Skype
https://www.oa.pa.gov/Programs/Information%20Technology/Pages/geoboard.aspx
