PEC Opposes Fiscal Code Amendments Affecting Implementation of the Clean Power Plan

To: Members of the Pennsylvania Senate
From: John Walliser, Pennsylvania Environmental Council
Re: Opposition to Fiscal Code Amendments Affecting Implementation of the Clean Power Plan

Dear Senator:

On behalf of the Pennsylvania Environmental Council (PEC), I am writing to convey our opposition to an amendment in fiscal code legislation (House Bill 1327; P.N. 2650) that expands the timeframe for legislative review of the Department of Environmental Protection’s (Department) implementation proposal for the Clean Power Plan.

As the General Assembly should know, failure to submit an implementation proposal by the prescribed deadline risks imposition of a federal plan. Subjecting the Department’s plan to expanded legislative review – legislative review which itself is not guided by any objective criteria – greatly magnifies that risk. It is imperative that the Department be given sufficient ability to develop and timely submit a plan that meets federal requirements, and is tailored to the needs, challenges, and opportunities of Pennsylvania.

PEC also remains opposed to use of the fiscal code and omnibus legislation to affect substantive environmental policy. It is against the public interest, and potentially unconstitutional.

We urge you to remove this provision from House Bill 1327.

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