Governor signs legislation that gives lawmakers more input on DEP Clean Power Plan

Date: June 23, 2016

Many small businesses serving Pennsylvania’s coal industry have already taken a knockout punch due to market changes and EPA regulations,  but those companies risk being wiped out altogether by the implementation of President Obama’s Clean Power Plan (click here for NFIB/PA video).

The Supreme Court granted a stay, delaying implementation of the Clean Power Plan earlier this year when NFIB, other associations, and some states filed suit.  But, there was still concern that here in Pennsylvania the state’s Department of Environment would move forth preparing its plan, despite the court’s ruling which could put many businesses and their employee’s jobs at risk.

Now, Governor Tom Wolf has just signed a bill that allows the state legislature to have more of a say in how the state develops its version of the Clean Power Plan. It requires the Wolf administration to submit that plan to the General Assembly for approval 100 days before it is submitted to the EPA.  Both the state House and Senate must also vote to approve the state Clean Power Plan plan.  The bill prohibits DEP from submitting a Pennsylvania Clean Power Plan to the federal government until after the Supreme Court Stay is lifted. 

The Governor also signed a bill exempting conventional oil and gas businesses from recently updated regulations. Unconventional drilling remains subject to those updates.  NFIB has some small business members in Pennsylvania who argued they hadn’t been listened to during the comment period, and that the new regulations threatened their existence. NFIB succeeded in getting a bill passed in recent years that requires consideration of small business when regulations are developed. Now, with this new law,  the regulatory process for conventional wells will be redrafted.

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