| |
|
| |
| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
| |
| SENATE BILL |
|
| |
| |
| INTRODUCED BY ARGALL, RAFFERTY, YUDICHAK, M. WHITE, FERLO AND BOSCOLA, OCTOBER 4, 2011 |
| |
| |
| REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 4, 2011 |
| |
| |
| |
| AN ACT |
| |
1 | Amending the act of November 30, 2004 (P.L.1672, No.213), |
2 | entitled, "An act providing for the sale of electric energy |
3 | generated from renewable and environmentally beneficial |
4 | sources, for the acquisition of electric energy generated |
5 | from renewable and environmentally beneficial sources by |
6 | electric distribution and supply companies and for the powers |
7 | and duties of the Pennsylvania Public Utility Commission," |
8 | further providing for alternative energy portfolio standards; |
9 | and repealing provisions of an act relating to certain order |
10 | of the Pennsylvania Public Utility Commission. |
11 | The General Assembly of the Commonwealth of Pennsylvania |
12 | hereby enacts as follows: |
13 | Section 1. Section 3(e)(12) of the act of November 30, 2004 |
14 | (P.L.1672, No.213), known as the Alternative Energy Portfolio |
15 | Standards Act, added July 17, 2007 (P.L.114, No.35), is amended |
16 | to read: |
17 | Section 3. Alternative energy portfolio standards. |
18 | * * * |
19 | (e) Alternative energy credits.-- |
20 | * * * |
21 | (12) (i) Unless a contractual provision explicitly |
22 | assigns alternative energy credits in a different manner, |
|
1 | the owner of the alternative energy system or a customer- |
2 | generator owns any and all alternative energy credits |
3 | associated with or created by the production of electric |
4 | energy by such facility or customer, and the owner or |
5 | customer shall be entitled to sell, transfer or take any |
6 | other action to which a legal owner of property is |
7 | entitled to take with respect to the credits. |
8 | (ii) (A) This paragraph shall apply to alternative |
9 | energy credits established under this act, whether or |
10 | not already deemed transferred, unless the |
11 | alternative energy credits were specifically |
12 | transferred by explicit contractual provision by the |
13 | alternative energy system or customer-generator. |
14 | (B) From the effective date of this |
15 | subparagraph, alternative energy credits may not be |
16 | considered owned by another entity other than the |
17 | alternative energy system or a customer-generator |
18 | until the alternative energy source enters into an |
19 | agreement specifically conveying the alternative |
20 | energy credits to some other entity, regardless of |
21 | when an underlying contract for the purchase of |
22 | electric energy or other products from the generator |
23 | that qualifies as an alternative energy system was |
24 | executed. |
25 | (iii) Subparagraph (ii) shall apply regardless of |
26 | when an underlying contract for the purchase of electric |
27 | energy or other products from the generator that |
28 | qualifies as an alternative energy system was executed. |
29 | * * * |
30 | Section 2. Section 3.1 of the act of July 17, 2007 (P.L.114, |
|
1 | No.35), entitled "An act amending the act of November 30, 2004 |
2 | (P.L.1672, No.213), entitled, 'An act providing for the sale of |
3 | electric energy generated from renewable and environmentally |
4 | beneficial sources, for the acquisition of electric energy |
5 | generated from renewable and environmentally beneficial sources |
6 | by electric distribution and supply companies and for the powers |
7 | and duties of the Pennsylvania Public Utility Commission,' |
8 | further providing for the definitions of 'alternative energy |
9 | credit,' 'customer-generator,' 'force majeure,' 'net metering' |
10 | and 'Tier I alternative energy source,' for alternative energy |
11 | portfolio standards, for portfolio requirements in other states |
12 | and for interconnection standards for customer-generator |
13 | facilities" is repealed. |
14 | Section 3. This act shall take effect in 60 days. |
|