PRINTER'S NO. 962

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 891 Session of 1981


        INTRODUCED BY STAIRS, KUKOVICH, COCHRAN, PETRARCA, J. L. WRIGHT,
           FISCHER, NOYE, COLE, MORRIS, BLAUM, COHEN, BRANDT, DORR,
           LETTERMAN AND BOWSER, MARCH 17, 1981

        REFERRED TO COMMITTEE ON FINANCE, MARCH 17, 1981

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," providing an additional exemption from sales and
    11     use tax for certain solar energy conversion devices.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201, act of March 4, 1971 (P.L.6, No.2),
    15  known as the "Tax Reform Code of 1971," is amended by adding a
    16  clause to read:
    17     Section 201.  Definitions.--The following words, terms and
    18  phrases when used in this Article II shall have the meaning
    19  ascribed to them in this section, except where the context
    20  clearly indicates a different meaning:
    21     * * *
    22     (t)  "Solar energy conversion device."  A mechanism or series

     1  of mechanisms with a useful life of at least three years
     2  designed primarily to collect, convert, transfer or store for
     3  future use solar energy for the purposes of heating, cooling or
     4  electric supply but not those parts of a heating, cooling or
     5  electric supply system that would be required regardless of the
     6  energy source being utilized.
     7     Section 2.  Section 204 of the act is amended by adding a
     8  clause to read:
     9     Section 204.  Exclusions from Tax.--The tax imposed by
    10  section 202 shall not be imposed upon
    11     * * *
    12     (41)  The sale at retail and the cost of installation of a
    13  solar energy conversion device in a new or existing residential
    14  or commercial building or the cost of modifying an existing
    15  energy system to accommodate a solar energy conversion device in
    16  a new or existing residential or commercial building. The
    17  exemption granted by this clause shall be obtained by filing
    18  with the supplier and installer of the solar energy system a
    19  certified application for exemption on forms prescribed by the
    20  department. Such application shall be filed with the supplier
    21  prior to the commencement of construction or installation and
    22  shall state that the owner is entitled to the exemption provided
    23  by this clause.
    24     Section 3.  This act shall take effect in 60 days.




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