Bill Text: PA HB200 | 2013-2014 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Further providing for distribution of fee and for Statewide initiatives; providing for the PA Sunshine Solar Program; and making a related repeal.

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced - Dead) 2013-02-13 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB200 Detail]

Download: Pennsylvania-2013-HB200-Introduced.html

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PRINTER'S NO. 780

 

THE GENERAL ASSEMBLY OF PENNSYLVANIA

 

HOUSE BILL

No.

200

Session of 2013

 

 

 

INTRODUCED BY VITALI, BRADFORD, HANNA, STURLA, FRANKEL, BRIGGS, V. BROWN, BROWNLEE, CALTAGIRONE, M. DALEY, DAVIS, DEAN, FARINA, FREEMAN, KINSEY, MCCARTER, MCGEEHAN, MURT, O'BRIEN, SANTARSIERO, SIMS AND NEILSON, FEBRUARY 13, 2013

 

 

REFERRED TO COMMITEE ON ENVIRONMENTAL RESOURCES AND ENERGY, FEBRUARY 13, 2013

 

 

 

AN ACT

 

Amending Title 58 (Oil and Gas) of the Pennsylvania Consolidated
Statutes, further providing for distribution of fee and for
Statewide initiatives; providing for the PA Sunshine Solar
Program; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:

Section 1. Section 2314(c.2), (c.3) and (d) introductory
paragraph of Title 58 of the Pennsylvania Consolidated Statutes,
added February 14, 2012 (P.L.87, No.13), are amended and the
section is amended by adding a subsection to read:

§ 2314. Distribution of fee.

* * *

(c.2) Natural gas energy development.--Following
distributions from the fund under subsections (c) [and], (c.1)
and (c.3), the following amounts shall be deposited into the
Marcellus Legacy Fund for distribution to the department for the
Natural Gas Energy Development Program under Chapter 27

(relating to Natural Gas Energy Development Program):

(1) For 2011, $10,000,000.

(2) For 2012, $7,500,000.

(3) For 2013, $2,500,000.

(c.3) Solar energy rebates.--From fees collected under this
chapter and deposited in the fund for 2013 and each year
thereafter, $25,000,000 shall be distributed annually to the
department for the PA Sunshine Solar Program under Chapter 29
(relating to PA Sunshine Solar Program).

[(c.3)] (c.4) Report.--All agencies or organizations
receiving funds under subsections (c), (c.1) [and], (c.2) and
(c.3) shall submit a report by December 31, 2012, and December
31 of each year thereafter to the Secretary of the Budget and
the Appropriations Committee of the Senate and the
Appropriations Committee of the House of Representatives. The
report shall include an itemization and explanation of the use
of all funds received under subsections (c), (c.1) [and], (c.2)
and (c.3).

(d) Distribution.--Except as provided in section 2302(a.3)
and (a.4) (relating to unconventional gas well fee), following
fee distribution under subsections (c), (c.1) [and], (c.2) and 
(c.3), from fees collected for 2011 and each year thereafter,
60% of the revenue remaining in the fund from fees collected for
the prior year are hereby appropriated to counties and
municipalities for purposes authorized under subsection (g).
Counties and municipalities are encouraged, where appropriate,
to jointly fund projects that cross jurisdictional lines. The
commission, after making a disbursement under subsection (f),
shall distribute the remaining funds appropriated as follows
within three months after the date the fee is due:

* * *

Section 2. Section 2315(a.1) introductory paragraph of Title
58, added February 14, 2012 (P.L.87, No.13), is amended to read:

§ 2315. Statewide initiatives.

* * *

(a.1) Deposit and distribution.--Following distribution
under section 2314(c), (c.1) [and], (c.2) and (c.3) (relating to
distribution of fee) from fees collected for 2011 and each year
thereafter, 40% of the remaining revenue in the fund shall be
deposited into the Marcellus Legacy Fund and appropriated to the
commission and distributed within three months after the date
the fee is due as follows:

* * *

Section 3. Title 58 is amended by adding a chapter to read:

CHAPTER 29

PA SUNSHINE SOLAR PROGRAM

Sec.

2901. Definitions.

2902. PA Sunshine Solar Program.

§ 2901. Definitions.

The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:

"Commercial entity." A corporation, partnership, sole
proprietorship, limited liability company, business trust or
other commercial entity approved by the Department of
Environmental Protection.

"Department." The Department of Environmental Protection of
the Commonwealth.

"Entity." Any of the following:

(1) A residential homeowner.

(2) A commercial entity.

(3) A not-for-profit entity.

"Solar energy system." A solar thermal system or solar
photovoltaic system.

§ 2902. PA Sunshine Solar Program.

(a) Continuation.--The PA Sunshine Solar Program authorized
under section 306 of the act of July 9, 2008 (1st Sp.Sess.,
P.L.1873, No.1), known as the Alternative Energy Investment Act,
is continued under this chapter. Any funds transferred by the
Commonwealth Financing Authority to the department under section
306(a) of the Alternative Energy Investment Act shall be
utilized to provide rebates to entities for the cost of
installing solar energy systems as provided under this chapter.

(b) Funds.--Funds distributed to the department under
section 2314(c.3) (relating to distribution of fee) shall be
utilized for rebates under this chapter.

(c) Amounts.--An entity which installs a solar energy system
shall be entitled to a rebate as follows:

(1) A solar energy system installed to generate energy
for a residential home shall qualify for a rebate of 10% of
the cost of the first ten kilowatts of installed capacity.

(2) A solar energy system installed to generate energy
for property owned and used as a commercial entity or as a
not-for-profit entity shall qualify for a rebate of 10% of
the first 100 kilowatts of installed capacity.

(d) Guidelines.--Funds under this section shall be used in
accordance with guidelines adopted by the department. The
guidelines shall establish an application procedure.

(e) Administrative costs.--No more than 2% of the funds

appropriated to the department may be used for administrative
costs.

Section 4. Repeals are as follows:

(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of 58
Pa.C.S. Ch. 29.

(2) Section 306 of the act of July 9, 2008 (1st
Sp.Sess., P.L.1873, No.1), known as the Alternative Energy
Investment Act, is repealed.

Section 5. The addition of 58 Pa.C.S. Ch. 29 is a
continuation of section 306 of the act of July 9, 2008 (1st
Sp.Sess., P.L.1873, No.1), known as the Alternative Energy
Investment Act. The following apply:

(1) Except as otherwise provided in 58 Pa.C.S. Ch. 29,
all activities initiated under section 306 of the Alternative
Energy Investment Act shall continue and remain in full force
and effect and may be completed under 58 Pa.C.S. Ch. 29.
Orders, regulations, rules and decisions which were made
under section 306 of the Alternative Energy Investment Act
and which are in effect on the effective date of section 4(2)
of this act shall remain in full force and effect until
revoked, vacated or modified under 58 Pa.C.S. Ch. 29.
Contracts, obligations and collective bargaining agreements
entered into under section 306 of the Alternative Energy
Investment Act are not affected nor impaired by the repeal of
section 306 of the Alternative Energy Investment Act.

(2) Except as set forth in paragraph (3), any difference
in language between 58 Pa.C.S. Ch. 29 and section 306 of the
Alternative Energy Investment Act is intended only to conform
to the style of the Pennsylvania Consolidated Statutes and is

not intended to change or affect the legislative intent,
judicial construction or administration and implementation of
section 306 of the Alternative Energy Investment Act.

(3) Paragraph (2) does not apply to the addition of the
following provisions:

(i) 58 Pa.C.S. § 2901.

(ii) 58 Pa.C.S. § 2902(b), (c), (d) and (e).

Section 6. This act shall take effect in 60 days.