PEC Comments on RESET Legislation

On Friday, June 6, PEC submitted comments to the House Energy Committee on legislation to establish the Reliable Energy Siting and Electric Transition (RESET) Board:

 

Dear Representatives:

The Pennsylvania Environmental Council (PEC) respectfully submits the following comments on House Bill 502, which would establish the Reliable Energy Siting and Electric Transition (RESET) Board. We appreciate Governor Shapiro’s inclusion of this concept in his Lightning Package and Representative Steele’s sponsorship of this legislation.

PEC supports the intent and design of House Bill 502 but offers the following recommendations as the legislation is considered.

    • Given that the RESET Board (Board) is serving on behalf of the public interest, we believe it should only be comprised of public officials. This would ensure the role and responsibilities of the Board are consistent with the Commonwealth’s obligations under Section 27 of Article I of our Constitution. The Siting Advisory Council established in Section 808 of the bill offers the ability to bring in the perspective and assistance of other interests, and we support inclusion of the Building and Construction Trades Council and the Chamber of Business and Industry in that group.
    • One possible role for the Siting Advisory Council is to develop guidance for Community Benefit Agreements (CBAs); not necessarily as determinative for Certificate of Reliable Energy Supply approval, but as one of the factors considered by the Board in evaluating proposals. The legislation’s requirements for consistency with community development plans [Section 806(a)(2)] and meeting with local officials [Section 806(b)] are aligned with this concept but could be strengthened to encourage adoption of CBAs to maximize local benefit.
    • We believe the legislation would benefit from more specificity on voting and public hearing procedure. For example, the bill does not define what margin is necessary for Board approval of a Certificate of Reliable Energy Supply. In addition, consistent with the bill’s provision that public hearings should follow open meeting standards, the legislation could provide additional direction to ensure that all meeting materials (including transcripts and comments received) are available to the public and included in the administrative record, and that the meetings follow clear procedure to ensure reasonable citizen participation.

We appreciate the Committee holding hearings on this important bill, and for the opportunity to provide comment. Thank you for your consideration.

John Walliser
Senior Vice President, Legal & Government Affairs
Pennsylvania Environmental Council