THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY FARNESE, TARTAGLIONE, FONTANA, COSTA, SCHWANK AND LEACH, JUNE 3, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 3, 2011  

AN ACT

Amending the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1),

entitled "An act providing for alternative sources of energy;

establishing the Alternative Energy Development Program, the

Consumer Energy Program, the Home Energy Efficiency Loan

Program, the Home Energy Efficiency Loan Fund and the

Alternative Energy Production Tax Credit Program; and

providing for the powers and duties of the Department of

Environmental Protection," further providing for definitions

and for the Commonwealth Financing Authority.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definitions of "alternative energy production

project" and "clean energy project" in section 102 of act of

July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the

Alternative Energy Investment Act, are amended to read:

Section 102.  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:

"Alternative energy production project."  The development or

construction of the following:

(1)  A facility that utilizes waste coal, alternative

fuels, biomass, solar energy, wind energy, geothermal

technologies, clean coal technologies, waste energy

technologies or other alternative energy sources as defined

in the act of November 30, 2004 (P.L.1672, No.213), known as

the Alternative Energy Portfolio Standards Act, to produce or

distribute alternative energy.

(2)  A facility that manufactures or produces products,

including component parts, that provide alternative energy or

alternative fuels, improve energy efficiency or conserve

energy.

(3)  A facility used for the research and development of

technology to provide alternative energy sources or

alternative fuels.

(4)  A project for the development or enhancement of rail

transportation systems that deliver alternative fuels or

high-efficiency locomotives.

(5)  A facility that manufactures or develops products or

materials used in solar, energy efficient lighting and

displays or batteries.

* * *

"Clean energy project."  A project which does any of the

following:

(1)  Replaces or supplements an existing energy system

that utilizes nonrenewable energy with an energy system that

utilizes alternative energy.

(2)  Facilitates the installation of an alternative

energy system in an existing building or in new construction

or a major renovation of a building.

(3)  Facilitates the construction of a new high

performance building, the retrofit of an existing building to

meet high performance building standards or the preparation

of a site for high performance building development,

including equipment acquisition, construction, infrastructure

and site preparation.

(4)  Installs equipment to facilitate or improve energy

conservation or energy efficiency, including heating and

cooling equipment and solar thermal equipment.

(5)  An energy service project.

(6)  Facilitates the development or commercialization of

materials for use in solar, energy efficient lighting and

displays or batteries.

(7)  Facilitates the purchase and installation of

equipment used for the development, testing or manufacturing

of products or materials used in solar, energy efficient

lighting or batteries.

* * *

Section 2.  Section 307 of the act is amended by adding

subsections to read:

Section 307.  Commonwealth Financing Authority.

* * *

(g.1)  Grant requirements.--Notwithstanding any other

provision of law or this act, grants awarded by the authority

under subsection (a)(1)(iii) and (iv) shall be subject to the

following:

(1)  The maximum amount of the grant shall not exceed

$100,000 for every job projected to be created or retained by

the business within three years after the approval of the

grant. If the business fails to create or retain the

projected number of jobs, the authority may require the

repayment of a portion of the grant based on the number of

jobs actually created.

(2)  The authority may waive the job creation

requirements under paragraph (1) if the authority determines

that investing in the capital equipment needs of the business

will allow the business to further its development and

manufacturing capabilities and where the investment in

capital equipment is reasonably expected to lead to long‑term

job creation and retention.

(g.2)  Matching funds for projects.--The authority may

require applicants to make an investment in the proposed project

in order to receive a loan or grant under subsection (a). The

amount of the matching investment shall be 50¢ for every $1 of

funds awarded by the authority. Nothing under this section shall

be construed as prohibiting the authority from imposing a

matching funds requirement for any other program created under

this section.

* * *

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