Pennsylvania Legislative Update

PA Capitol

Photo courtesy of Flicker user Craig Fildes

By Jen Quinn, Legislative and Political Director of the Sierra Club Pennsylvania

Happy September! It’s been a pretty quiet summer in Harrisburg, but things are going to get busy soon and we would like to share some thoughts on the legislative outlook for the remainder of the year.

Nuclear

We know that the nuclear industry had been in the building with their AEPS/RGGI hybrid proposal. What we’re hearing now is that this proposal will not be moving forward and Republican leadership is developing needs-based, targeted nuclear legislation that does not include adding nuclear to AEPS or joining RGGI. Details are scant as of now, but discussions have been going on for some time and we could see a draft of this legislation later this month. We also think there is a good possibility that this issue will again take up most of the oxygen in the legislature, leaving little time for issues we’re trying to advance, like community solar and electric vehicle infrastructure.

AEPS (Alternative Energy Portfolio Standards)

We are hearing some very troubling rumors that there could be an attempt to repeal AEPS as part of any nuclear legislation. We know that many Republicans don’t like AEPS, and there are often rumblings about its repeal, but this is something that seems like more of a possibility than before. We will be working to oppose any legislation that repeals the AEPS.

SB 619

This bill changes the definition of pollution in the PA Clean Streams Law, making it easier for industry to get away with polluting our waters. It also removes the requirement to notify the Department of Environmental Protection (DEP) and downstream water users of spills. This bill has already passed the Senate. We are very concerned about its chances of passing the House and will work to oppose this legislation.

Energize PA

This is the Speaker’s package of eight bills (HB 1100 - HB 1107) that would, among other things, offer huge tax credits to the natural gas industry, weaken clean-up standards for contaminated properties, and strip the DEP of its authority to issue permits, and despite how awful most of these bills are, they are flying under the radar for most people. These bills will be a priority for Republicans this fall.

Hb 1100 - 5 cent/gallon tax credit for manufacturers using methane in production of fertilizers/petrochemicals. This tax credit could be on -par with the $1.6 billion subsidy Royal Dutch Shell received for their ethane cracker in western PA. We oppose.

Hb 1101 - expand net loss tax deductions from 40% currently to 45% in 2020 and 50% in 2021. This can benefit the gas industry but could also benefit wind and solar. We are neutral.

Hb 1102- create the Keystone Energy Authority, create Keystone Energy Enhancement Fund, establish Keystone Energy Enhancement Zones. This bill subsidizes the expansion of the natural gas, petrochemical, and other downstream businesses through tax exemptions, abatements, and deductions. We oppose.

Hb 1103 - provides grant funding to connect natural gas to large residential projects and combined heat and power facilities (parts of this were included in the 2020 budget) We oppose.

Hb 1104- Establish a registry of abandoned manufacturing sites. We are neutral.

Hb 1105- Creates a consolidated standards permit for remediating contaminated sites that would cover five major environmental laws. If a company obtains this permit, they would be deemed to be in compliance with all of these regulations for the intended site remediation. Also places a 120 calendar day limit on DEP’s review of a permit application. This bill has already passed the House. We oppose.

Hb 1106 - requiring DEP approve permits within 30 days of filing. If a permit application is not approved by the DEP within 30 days, it is automatically approved. We oppose.

Hb 1107 - Removing DEP's authority to review permit applications and issue permits and giving that authority to the Pennsylvania Permitting Commission. We oppose.

Community Solar

HB 531/SB 705 have bipartisan support in both the House and Senate (71 cosponsors in the House, of which about 1/3 are Republicans and 21 in the Senate). We’ve been trying, and will continue to try to get these bills out of Committee. So far, Chairman Roae has not been interested in moving HB 531 out of the House Consumer Affairs Committee, but there’s a good chance the Senate version will receive a committee vote. Once out of committee there’s a good chance this legislation could be passed by the legislature.

Cap and Invest

Currently, there’s a cosponsor memo circulating and official bill language should be introduced soon. The legislation will instruct the Environmental Quality Board to reduce carbon pollution from the electric power sector by at least 90% by 2040 relative to baseline emissions. The Board can develop a market-based carbon pollution limit, which ensures a technology-neutral, flexible approach that incentivizes the most cost-effective emission reductions and generates revenue for investments in economic development, workforce training, energy efficiency, renewable energy, and energy affordability. (We support).

Keep in mind that the Senate has only 15 session days before the holiday recess and the House has 24 session days. Getting something as complex as nuclear legislation passed will be very difficult in this short amount of time, unless deals are being made now. Stay tuned as things progress!

*You can see all the bills we’re tracking on our webpage https://www.sierraclub.org/pennsylvania/legislation

*And finally, we’re working with partner organizations to keep pressure on Gov. Wolf to regulate methane pollution, especially given the federal methane rollbacks. There will be a press conference in the Capitol Rotunda, Tuesday, September 17 at 1 pm, and we’re hoping to get as many concerned citizens to attend as we can. Please let me know if you’re interested in attending at jen.quinn@sierraclub.org

And as always, feel free to reach out if you have questions or would like to discuss anything further.

This blog was included as part of the 2019 Fall Sylvanian newsletter. Please click here to check out more articles from this edition!