Pennsylvania HB 1164: An Act authorizing the Department of Environmental Protection 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 carbon dioxide emissions; and abrogating regulations.

Bill Text

PRINTER'S NO. 1290
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1164
Session of
2025
INTRODUCED BY STRUZZI, KEPHART, ARMANINI, BANTA, BASHLINE,
M. BROWN, CAUSER, GILLEN, GREINER, HAMM, JAMES, M. JONES,
KAUFFMAN, KOZAK, KUTZ, KUZMA, LEADBETER, M. MACKENZIE,
PICKETT, RAPP, ROWE, SCIALABBA, SMITH, TWARDZIK, WARNER AND
ZIMMERMAN, APRIL 7, 2025
REFERRED TO COMMITTEE ON ENVIRONMENTAL AND NATURAL RESOURCE
PROTECTION, APRIL 7, 2025
AN ACT
Authorizing the Department of Environmental Protection 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 carbon dioxide emissions; and
abrogating regulations.
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
Carbon Dioxide Cap and Trade Authorization Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) As a matter of Pennsylvania law, no statutory or
constitutional authority currently exists that authorizes a
State agency to regulate or impose a tax on carbon dioxide
emissions. Therefore, it is the responsibility of the General
Assembly, working together with the Department of
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Environmental Protection, the Environmental Quality Board,
the Pennsylvania Public Utility Commission and other
important stakeholders, to determine whether and how to
regulate or impose a tax on carbon dioxide emissions.
(2) The General Assembly recognizes that no statute,
including the act of January 8, 1960 (1959 P.L.2119, No.787),
known as the Air Pollution Control Act, the act of February
17, 1972 (P.L.64, No.20), known as the Uniform Interstate Air
Pollution Agreements Act, the act of July 9, 2008 (P.L.935,
No.70), known as the Pennsylvania Climate Change Act, or the
Constitution of Pennsylvania, authorizes the Governor, the
Environmental Quality Board, the Department of Environmental
Protection or any other agency or official to adopt
regulations, implement a policy or take any other action to
authorize the Commonwealth to join or participate in a State
or regional greenhouse gas cap-and-trade program or establish
a greenhouse gas cap-and-trade program.
Section 3. 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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"RGGI." The Regional Greenhouse Gas Initiative, which is a
multistate compact that establishes or calls for the compacting
states to establish a regional, multistate cap on the amount of
greenhouse gases released by electric generation plants.
"Standing committee." The Environmental Resources and Energy
Committee of the Senate and the Environmental and Natural
Resource Protection Committee of the House of Representatives.
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Section 4. Regulation of greenhouse gas emissions.
(a) Prohibition.--Except for a measure that is required by
Federal law, the department may not adopt a measure or take any
other action that is designed to abate, control or limit carbon
dioxide emissions, including an action to join or participate in
a State or regional greenhouse gas cap-and-trade program,
including the RGGI, nor may the department establish a
greenhouse gas cap-and-trade program, unless the General
Assembly specifically authorizes such a measure or action by
statute that is enacted on or after the effective date of this
section.
(b) Submission to General Assembly.--If the department
proposes a measure of action under subsection (a), the
department shall submit the proposed measure or other proposed
action to the General Assembly as provided under section 5.
Section 5. Process for submission to General Assembly.
(a) Duties of department.--Prior to submitting a proposed
measure or other proposed action to the General Assembly under
section 4(b), the department shall do the following:
(1) Submit to the Legislative Reference Bureau for
publication in the next available issue of the Pennsylvania
Bulletin the proposed measure or other proposed action that
is in the form of draft legislation. The publication shall
set a public comment period of no less than 180 days.
(2) During the public comment period, the department
shall conduct a minimum of four public hearings, conducted in
accordance with 65 Pa.C.S. Ch. 7 (relating to open meetings),
on the proposed measure or other proposed action and shall
conduct the hearings in geographically dispersed locations in
this Commonwealth, including locations in which regulated
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sources of carbon dioxide emissions