Section 1362.3 - State plan developmentIn accordance with the requirements of the EPA's regulation of carbon dioxide emissions for existing stationary sources, as published under docket EPA-HQ-OAR-2013-0602, the department shall develop and submit to the EPA a State plan for compliance with the regulation of carbon dioxide from existing power plants. In developing the State plan, the department shall do all of the following:
(1) Summon and examine witnesses and compel the production and examination of documents and other evidence that may be necessary for the discharging of duties imposed under this act.(2) Conduct at least four public hearings in geographically dispersed locations in this Commonwealth, including locations that would be directly economically affected by the EPA's carbon dioxide regulation.(3) Accept written testimony and consider, as part of the deliberations on the State plan, all written and oral testimony provided.(4) Consider all of the following in the development of the State plan: (i) Whether to rely on measures the EPA used to calculate the carbon dioxide reduction goal, as well as other measures that were not part of the EPA goal-setting process.(ii) Whether the Commonwealth should participate in multi state programs that already exist, or whether a new multi state carbon dioxide reduction program should be created.(iii) Whether the Commonwealth should invest in energy efficiency programs during the compliance period to assist in meeting the EPA's goal.(iv) Whether the Commonwealth should work in partnership with other states.(v) When individual power plants must make reductions.(vi) The extent to which any of the following should be included in the State plan: (A) Demand-side energy efficiency programs.(B) Renewable energy standards.(C) Efficiency improvements at existing affected power plants.(D) Cofiring or switching to natural gas.(E) Transmission efficiency improvements.(F) Energy storage technologies.(G) The retirement or deactivation of existing affected generation units or facilities.(H) The expansion of nonemitting sources, such as nuclear power.(I) Market-based trading programs.(J) Other energy conservation programs.(vii) How best to avoid stranded investments in existing affected power plants.(5) Prioritize the components of the State plan based on a least-cost compliance approach to benefit consumers of electricity.(6) Take into consideration the necessity and value to having a diverse generation fleet to ensure electric reliability in this Commonwealth.Added by P.L. TBD 2014 No. 175, § 3, eff. 10/22/2014.