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PRINTER'S NO. 1157
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
996
Session of
2017
INTRODUCED BY GALLOWAY, DAVIS, FRANKEL, DONATUCCI, SCHWEYER,
D. COSTA, DiGIROLAMO AND BRIGGS, MARCH 28, 2017
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
MARCH 28, 2017
AN ACT
Providing for property assessed clean energy programs; and
authorizing municipalities and municipal authorities to
provide clean energy financing to residential and commercial
property owners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Property
Assessed Clean Energy Program Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The production and efficient use of energy will
continue to play a central role in the future of this
Commonwealth and the nation as a whole.
(2) The development, production and efficient use of
renewable energy will advance the security, economic well-
being and public and environmental health of this
Commonwealth and will contribute to the energy independence
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of our nation.
(3) The financing of clean energy improvements and the
powers conferred and expenditures made under this act will
serve a valid public purpose. This act is expressly declared
to be in the public interest.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Energy efficiency improvement." Energy efficiency
technologies, products and activities that reduce or support the
reduction of energy consumption or support the production of
clean, renewable energy and that are or will be permanently
fixed to real property.
"Green wet weather infrastructure improvements."
Improvements on residential, commercial or industrial real
property and in buildings, whether the real property or
buildings are privately or publicly owned, that maintain,
restore or mimic natural systems to infiltrate, evapotranspirate
or recycle storm water.
"Program." A property assessed clean energy program
established in accordance with with section 4.
"Water efficiency improvements." Improvements designed to
decrease water demand and usage on residential, commercial or
industrial real property and in buildings, whether the real
property or buildings are privately or publicly owned.
Section 4. Property assessed clean energy programs.
(a) Authorization.--Municipalities and municipal authorities
may operate a financing program in accordance with this act. The
goals of the program shall be to:
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(1) Provide capital at the lowest possible cost for the
purpose of supporting conservation, energy efficiency
improvement, water efficiency improvement, wet weather
infrastructure improvement and renewable energy projects for
residential and commercial structures.
(2) Expand and simplify the process of obtaining small-
scale local energy project financing.
(3) Leverage multiple sources of public and private
capital through a unified and strategic funding mechanism.
(4) Provide technical and financing information to the
public and to businesses.
(5) Foster energy savings.
(6) Stimulate job growth.
(7) Help to substantially reduce carbon emissions.
(b) Financing program.--
(1) The governing body of a municipality or a municipal
authority may establish by ordinance or resolution a low-cost
alternative energy financing program to assist owners of real
property within the municipality or, in the case of a
municipal authority, within the boundaries of the
municipality or municipalities that organized the authority,
with installing and implementing alternative energy
technologies, including, but not limited to, solar
photovoltaic, solar thermal energy, wind energy, geothermal
energy or energy efficiency technologies, products and
activities and wet weather infrastructure improvements that
reduce energy or water consumption or support the production
of clean, renewable energy on owners' real property.
(2) A municipality may administer a financing program or
opt to participate through a municipal authority. A
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municipality that is governed by 53 Pa.C.S. Pt. VII Subpt. B
(relating to indebtedness and borrowing) may incur
indebtedness under 53 Pa.C.S. Pt. VII Subpt. B or may utilize
other funding, including general fund revenue, for the
purpose of providing financing under this act. A municipal
authority shall provide financing under this act in
accordance with its authority under 53 Pa.C.S. Ch. 56
(relating to municipal authorities). The financing of
alternative energy technologies under this act shall be
treated as a permitted project under 53 Pa.C.S. ยง 5607
(relating to purposes and powers), and the provisions of 53
Pa.C.S. Ch. 56 shall apply to the program, except to the
extent that 53 Pa.C.S. (relating to municipalities generally)
is inconsistent with the provisions of this act.
(c) Recipients.--A municipality or municipal authority may
provide financing under this act to the following:
(1) Residential property owners, including low-income
residential property owners, for the financing of:
(i) Energy efficiency improvement projects.
(ii) Water efficiency improvement and wet weather
infrastructure improvement projects.
(iii) Renewable energy projects.
(2) Commercial property owners for the financing of:
(i) Energy efficiency improvement projects.
(ii) Water efficiency improvement and wet weather
infrastructure improvement projects.
(iii) Renewable energy projects with an electric
generating capacity of not more than 100 kilowatts.
(d) Assessments.--A municipality or municipal authority
undertaking clean energy financing may assess the cost of the
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financing, plus reasonable administrative costs and at a
reasonable rate of interest, against property benefited or
improved to the extent of the benefits, provided that the
assessments shall not be made unless all owners of the property
have consented in writing to the financing and assessment. The
municipality or municipal authority may, by ordinance or
resolution, authorize payment of assessments in equal
installments over a fixed period of time.
(e) Claims.--Except as otherwise provided in this
subsection, claims to secure the payment of assessments shall be
entered in the prothonotary's office of the county at the same
time and in the same form and shall be filed and collected in
the same manner as municipal claims are filed and collected
under the act of May 16, 1923 (P.L.207, No.153), referred to as
the Municipal Claim and Tax Lien Law. Notwithstanding the
provisions of this section as to installment payments and the
collection of installment payments, the claim shall be filed for
the entire amount of the assessment.
(f) Default.--In the case of a default in the payment of any
installment, the municipality or municipal authority may not
obtain a judgment or otherwise initiate collection proceedings
for any amount in excess of installments that are delinquent for
a period of 60 days after the date due or any reasonable
attorney fees and costs of collection as may be authorized by
law.
(g) Subsequent owner.--A seller shall notify a subsequent
purchaser of the existence of a lien for the assessment. The
lien for the assessment must be satisfied upon conveyance of the
property.
Section 5. Effective date.
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This act shall take effect immediately.
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