THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, CALTAGIRONE, D. COSTA, GINGRICH, GROVE, HARRIS, HEFFLEY, HUTCHINSON, JOSEPHS, KORTZ, MILLARD, MILLER, MURT, MUSTIO, M. O'BRIEN, PYLE, RAPP, K. SMITH, SWANGER AND YOUNGBLOOD, FEBRUARY 9, 2011

REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, FEBRUARY 9, 2011  

AN ACT

Amending Titles 53 (Municipalities Generally) and 68 (Real and

Personal Property) of the Pennsylvania Consolidated Statutes,

in miscellaneous provisions, providing for limitations on

municipal powers; and, in creation, alteration and

termination of planned communities, providing for alterations

for energy conservation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a section to read:

§ 1142.  Limitations on municipal powers.

(a)  Installation of energy-efficient doors and windows.--

(1)  A property owner may not be denied permission to

install energy-efficient doors or windows on a building by

any local public agency granted the power or right to control

or regulate alteration of property with respect to

residential dwellings or real property.

(2)  A local public agency may require that energy-

efficient doors and windows meet size and shape design

requirements for properties in historic districts.

(3)  A local public agency is prohibited from denying

installation of energy-efficient doors and windows based

solely on the materials used in the manufacture of the doors

and windows.

(b)  Definition.--As used in this section, the term "local

public agency" means a county, city, borough, town, township,

authority, council of government, committee, board, commission,

any agency established by a governing body of a municipal

government, or any other authority created by the Commonwealth

or any of its political subdivisions.

Section 2.  Title 68 is amended by adding a section to read:

§ 5213.1.  Alterations for energy conservation.

Notwithstanding any provision of the declaration or bylaws, a

unit owner may install energy-efficient doors or windows in a

unit, provided that the doors or windows are aesthetically

similar in size and shape to those approved under the

declaration or bylaws. Any requirement that doors or windows be

aesthetically similar in size and shape shall not limit the

materials used in their construction.

Section 3.  This act shall take effect in 60 days.