HOUSE AMENDED
PRIOR PRINTER'S NOS. 2014, 2135, 2280, PRINTER'S NO. 2433
2359
No. 1439 Session of 2002
INTRODUCED BY TOMLINSON, CORMAN, M. WHITE, WAGNER, ORIE, MUSTO,
ERICKSON, RHOADES, BOSCOLA, LEMMOND AND GERLACH, MAY 16, 2002
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
NOVEMBER 26, 2002
AN ACT
1 Relating to alternative fuels; establishing the Alternative
2 Fuels Incentive Grant Fund; authorizing grants to promote the
3 use of alternative fuels; providing for annual report;
4 imposing duties on the Department of Environmental Protection
5 AND the Department of Transportation, the Department of <--
6 Revenue and the Environmental Quality Board; making an
7 appropriation; and making a repeal.; ESTABLISHING THE <--
8 PENNSYLVANIA ENERGY OFFICE AND ADVISORY COUNCIL; IMPOSING
9 DUTIES ON THE PENNSYLVANIA ENERGY OFFICE; ESTABLISHING THE
10 EMERGENCY ENERGY ASSISTANCE GRANT ACCOUNT; ALLOCATING FUNDS
11 COLLECTED FROM THE UTILITIES' GROSS RECEIPTS TAX; AND MAKING
12 A REPEAL.
13 The General Assembly of the Commonwealth of Pennsylvania
14 hereby enacts as follows:
15 Section 1. Short title.
16 This act shall be known and may be cited as the Alternative
17 Fuels Incentive Grant Act.
18 Section 2. Definitions.
19 The following words and phrases when used in this act shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
1 "ACCOUNT." THE EMERGENCY ENERGY ASSISTANCE GRANT ACCOUNT <--
2 ESTABLISHED UNDER SECTION 7.
3 "Alcohols." Fuels composed of 85% ethanol or methanol and
4 15% gasoline.
5 "Alternative fuel vehicle." A self-propelled vehicle
6 operating on an alternative fuel designed for transporting
7 persons or property. This term includes a bi-fuel vehicle, dual-
8 fuel vehicle, hybrid vehicle and dedicated vehicle.
9 "Alternative fuels." Motor vehicle or stationary source
10 fuels and fuel systems which when compared to conventional
11 gasoline or reformulated gasoline, diesel fuel, oil or coal will
12 result in lower emissions of oxides of nitrogen, volatile
13 organic compounds, carbon monoxide or particulates, toxic air
14 pollutants, greenhouse gases or any combination thereof. These
15 shall include compressed natural gas (CNG), liquefied natural
16 gas (LNG), liquid propane gas (LPG), alcohols (ethanol - e85 and
17 methanol - m85), hydrogen, hythane (a combination of CNG and
18 hydrogen), biofuels, renewable energy sources, fuel cells and
19 electricity.
20 "Bi-fuel vehicle" or "dual-fuel vehicle." A vehicle that
21 operates on an alternative fuel and gasoline or an alternative
22 fuel and diesel fuel. This term includes original equipment
23 manufacturer (OEM) and retrofitted vehicles.
24 "Biofuels." Fuels derived from alcohols, ether, esters and
25 other chemicals made from cellulosic biomass such as herbaceous
26 and woody plants, agricultural and forestry residues and a large
27 portion of municipal solid and industrial waste.
28 "COUNCIL." THE ADVISORY COUNCIL ESTABLISHED BY THIS ACT. <--
29 "Dedicated vehicle." A vehicle that runs exclusively on an
30 alternative fuel. This term includes an OEM or retrofit vehicle.
20020S1439B2433 - 2 -
1 "Department." The Department of Environmental Protection of <--
2 the Commonwealth.
3 "Diesel fuel." Diesel engine fuel and all other liquids
4 suitable for the generation of power for the propulsion of motor
5 vehicles except gasoline.
6 "Fund." The Alternative Fuels Incentive Grant Fund
7 established under section 3 8. <--
8 "Gallon." The quantity of fluid or liquid at a temperature
9 of 60 degrees Fahrenheit necessary to completely fill a United
10 States standard gallon liquid measure.
11 "Gasoline." The same as a motor fuel and also means every
12 liquid petroleum product, or combination thereof, other than
13 solvents having an Atmospheric Pressure Index gravity of 46
14 degrees or above at a temperature of 60 degrees Fahrenheit and
15 at atmospheric pressure and includes drip, casing head or
16 natural gasoline. The term includes liquid of less than 46
17 degrees Atmospheric Pressure Index gravity at a temperature of
18 60 degrees Fahrenheit compounded, blended, manufactured or
19 otherwise produced by mixing or blending gasoline or solvents
20 with blending materials when the blended product can be used for
21 generating power in internal combustion engines.
22 "Hybrid vehicle." A motor vehicle which:
23 (1) Draws propulsion energy from onboard sources of
24 stored energy which are both:
25 (i) An internal combustion engine using combustible
26 fuel.
27 (ii) A rechargeable energy storage system.
28 (2) In the case of a passenger automobile or light
29 truck:
30 (i) for 2002 and later model vehicles, has received
20020S1439B2433 - 3 -
1 a certificate of conformity under the Clean Air Act (69
2 Stat, 322, 42 U.S.C. § 7401 et seq.) and meets or exceeds
3 the equivalent qualifying California low emission vehicle
4 standard under section 1960.1 of Title 13, California
5 Code of Regulations, for that make and model year; and
6 (ii) for 2004 and later model vehicles, has received
7 a certificate that such vehicle meets the Tier II
8 emission level established in regulations prescribed by
9 the administrator of the Environmental Protection Agency
10 under section 202(i) of the Clean Air Act for that make
11 and model year vehicle.
12 "Incremental cost." The difference between the purchase
13 price of an alternative fuel vehicle and the purchase price of a
14 same or similar model gasoline-only or diesel-only fueled
15 vehicle.
16 "OEM." The original equipment manufacturer.
17 "OEM vehicle." A vehicle originally manufactured to run on
18 an alternative fuel.
19 "OFFICE." THE PENNSYLVANIA ENERGY OFFICE ESTABLISHED BY THIS <--
20 ACT.
21 "Renewable energy SOURCES." Energy derived from solar, wind, <--
22 geothermal and hydroelectric, HYDROELECTRIC AND COAL REFUSE <--
23 sources.
24 "Retrofit." Install an alternative fuel system into a
25 gasoline-fueled vehicle.
26 SECTION 3. PENNSYLVANIA ENERGY OFFICE. <--
27 THE PENNSYLVANIA ENERGY OFFICE IS ESTABLISHED IN THE
28 GOVERNOR'S OFFICE TO PROMOTE THE GOALS OF ENERGY DEVELOPMENT AND
29 ENERGY CONSERVATION.
30 SECTION 4. COMPOSITION OF OFFICE.
20020S1439B2433 - 4 -
1 THE GOVERNOR SHALL DESIGNATE AN EXECUTIVE DIRECTOR AND HIRE
2 THE STAFF OF THE OFFICE IN ACCORDANCE WITH PROCEDURES OF THE
3 GOVERNOR'S OFFICE OF ADMINISTRATION AND OF THE OFFICE OF THE
4 BUDGET.
5 SECTION 5. ADVISORY COUNCIL.
6 THE ADVISORY COUNCIL IS ESTABLISHED. THE GOVERNOR SHALL
7 APPOINT PERSONS TO THE COUNCIL WHO SHALL BE MEMBERS OF THE
8 GENERAL ASSEMBLY, THE BUSINESS AND TRANSPORTATION COMMUNITY OF
9 THIS COMMONWEALTH, PUBLIC OFFICIALS AND THE GENERAL PUBLIC. THE
10 PURPOSE OF THE COUNCIL IS TO PROVIDE ADVICE AND ASSISTANCE TO
11 THE OFFICE ON MATTERS AFFECTING THE STATE'S ENERGY SITUATION.
12 THE MEMBERS SHALL BE REIMBURSED FOR THE EXPENSE OF PARTICIPATING
13 IN COUNCIL FUNCTIONS.
14 SECTION 6. POWERS AND DUTIES OF OFFICE.
15 THE POWERS AND DUTIES OF THE OFFICE ARE AS FOLLOWS:
16 (1) TO PROMOTE THE DEVELOPMENT OF THIS COMMONWEALTH'S
17 INDIGENOUS AND RENEWABLE ENERGY RESOURCES THROUGH PROGRAMS
18 INVOLVING INFORMATION AND TECHNICAL AND FINANCIAL ASSISTANCE.
19 (2) TO PROMOTE THE EFFICIENT USE OF ENERGY BY THE STATE
20 GOVERNMENT AND ALL SECTORS OF THIS COMMONWEALTH. WORKING WITH
21 THE GOVERNOR'S GREEN GOVERNMENT COUNCIL, THE OFFICE WILL
22 ENCOURAGE ENERGY EFFICIENCY AND CONSERVATION THROUGH PROGRAMS
23 PROVIDING INFORMATION AND TECHNICAL AND FINANCIAL ASSISTANCE.
24 THE OFFICE WILL ALSO WORK WITH THE PENNSYLVANIA PUBLIC
25 UTILITY COMMISSION TO DEVELOP SPECIFIC PROGRAMS TO PROMOTE
26 ENERGY EFFICIENCY FOR COMMERCIAL, INDUSTRIAL AND RESIDENTIAL
27 CONSUMERS OF DEREGULATED UTILITIES, SUCH AS NATURAL GAS AND
28 ELECTRICITY.
29 (3) TO BE THE POINT OF CONTRACT FOR PRIVATE AND
30 GOVERNMENT ENERGY MATTERS AND THE LEAD COMMONWEALTH AGENCY
20020S1439B2433 - 5 -
1 FOR ENERGY POLICY DEVELOPMENT. THE OFFICE WILL REGULARLY
2 UPDATE THE COMMONWEALTH'S ENERGY POLICY TO DETERMINE NEW
3 OPPORTUNITIES FOR ENERGY DEVELOPMENT AND ENERGY CONSERVATION.
4 (4) TO BE THE PRIMARY MANAGER AND COORDINATOR OF FEDERAL
5 ENERGY GRANTS, PETROLEUM OVERCHARGE FUNDS AND PRIVATE ENERGY
6 GRANTS.
7 (5) TO ASSIST IN THE REVIEW OF ENERGY-RELATED PLANS,
8 PROGRAMS, POLICIES AND REGULATIONS OF OTHER COMMONWEALTH
9 AGENCIES AND TO PROVIDE RECOMMENDATIONS TO FURTHER PROMOTE
10 ENERGY DEVELOPMENT AND ENERGY CONSERVATION. THE OFFICE IS
11 AUTHORIZED TO INTERVENE IN ENERGY-RELATED PROCEEDINGS OF THE
12 PENNSYLVANIA PUBLIC UTILITY COMMISSION AND OTHER FEDERAL OR
13 STATE REGULATORY AGENCIES.
14 (6) TO MONITOR PRICES OF PETROLEUM AND SUPPLIES OF
15 PETROLEUM PRODUCTS AVAILABLE FOR USE IN THIS COMMONWEALTH TO
16 DETERMINE WHETHER THERE EXISTS OR IS LIKELY TO EXIST AN
17 EMERGENCY SHORTAGE UNDER SECTION 2802-C(D) OF THE ACT OF
18 APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
19 CODE OF 1929, AND TO CONDUCT EMERGENCY ALLOCATION MEASURES
20 DURING A PERIOD OF DECLARED EMERGENCY PETROLEUM PRODUCT
21 SHORTAGE UNDER SECTION 2802-C OF THE ADMINISTRATIVE CODE OF
22 1929. THE OFFICE WILL ALSO MONITOR THE PRICE AND SUPPLY OF
23 ENERGY TO PROVIDE INFORMATION TO THE GOVERNOR ON THE CHANGING
24 IMPACT OF ENERGY PRICES ON THE COMMONWEALTH'S ECONOMY.
25 (7) TO ASSUME THE RESPONSIBILITIES ASSIGNED TO THE
26 DEPARTMENT OF ENVIRONMENTAL PROTECTION UNDER THE ACT OF JUNE
27 28, 1995 (P.L.89, NO.18), KNOWN AS THE CONSERVATION AND
28 NATURAL RESOURCES ACT, WHICH HAD BEEN ASSIGNED TO THE
29 PENNSYLVANIA ENERGY OFFICE UNDER PRIOR STATUTES, REGULATIONS
30 AND EXECUTIVE ORDERS, INCLUDING THE ADMINISTRATION OF THE
20020S1439B2433 - 6 -
1 FUNDS TRANSFERRED TO THE DEPARTMENT UNDER SECTION 507 OF THAT
2 ACT.
3 (8) TO PROMOTE THE ESTABLISHMENT OF A REGIONAL STRATEGIC
4 HEATING OIL AND DIESEL FUEL RESERVE IN THE MID-ATLANTIC
5 STATES AND OTHER PROGRAMS THAT ENSURE THAT ENERGY SHORTAGES
6 OR PRICE SURGES DO NOT HARM THE COMMONWEALTH'S ECONOMY.
7 (9) TO PROVIDE GRANTS TO NONPROFIT ENTITIES, MUNICIPAL
8 AUTHORITIES, POLITICAL SUBDIVISIONS AND CORPORATIONS, LIMITED
9 LIABILITY COMPANIES OR PARTNERSHIPS INCORPORATED OR
10 REGISTERED IN THIS COMMONWEALTH TO HELP PROVIDE EMERGENCY
11 ENERGY ASSISTANCE OR WEATHERIZATION TO RESIDENTS OF THIS
12 COMMONWEALTH.
13 SECTION 7. EMERGENCY ENERGY ASSISTANCE GRANT ACCOUNT.
14 (A) ESTABLISHMENT.--THERE IS HEREBY ESTABLISHED A SEPARATE
15 ACCOUNT IN THE STATE TREASURY TO BE KNOWN AS THE EMERGENCY
16 ENERGY ASSISTANCE GRANT ACCOUNT. THE MONEYS OF THE ACCOUNT ARE
17 HEREBY APPROPRIATED TO THE PENNSYLVANIA ENERGY OFFICE TO CARRY
18 OUT THE PROVISIONS OF THIS SECTION. THE ACCOUNT SHALL BE
19 ADMINISTERED BY THE OFFICE. THE ACCOUNT SHALL CONSIST OF THAT
20 PORTION OF REVENUES COLLECTED UNDER THE UTILITIES GROSS RECEIPTS
21 TAX COLLECTED AS SET FORTH IN SECTION 10.
22 (B) EXPENDITURES.--MONEYS FROM THE FUND SHALL BE EXPENDED BY
23 THE OFFICE AS GRANTS TO NONPROFIT ENTITIES, MUNICIPAL
24 AUTHORITIES, POLITICAL SUBDIVISIONS AND CORPORATIONS, LIMITED
25 LIABILITY COMPANIES OR PARTNERSHIPS INCORPORATED OR REGISTERED
26 IN THIS COMMONWEALTH TO HELP PROVIDE EMERGENCY ENERGY ASSISTANCE
27 OR WEATHERIZATION TO RESIDENTS OF THIS COMMONWEALTH.
28 Section 3 8. Alternative Fuels Incentive Grant Fund. <--
29 (a) Establishment.--There is hereby established a separate
30 account in the State Treasury to be known as the Alternative
20020S1439B2433 - 7 -
1 Fuels Incentive Grant Fund. This THE MONEYS OF THE FUND ARE <--
2 HEREBY APPROPRIATED TO THE DEPARTMENT ON A CONTINUING BASIS TO
3 CARRY OUT THE PROVISIONS OF THIS ACT. THE fund shall be
4 administered by the department OFFICE. The fund shall consist of <--
5 that portion of revenues collected under ALLOCATED FROM the <--
6 utilities gross receipts tax collected as set forth in section <--
7 5. AS SET FORTH IN SECTION 10. <--
8 (b) Expenditures.--
9 (1) Moneys from the fund shall be expended by the
10 department OFFICE: <--
11 (i) As grants to school districts, municipal <--
12 authorities, political subdivisions, nonprofit entities
13 and corporations, limited liability companies or
14 partnerships incorporated or registered in this
15 Commonwealth and to residents of this Commonwealth to
16 meet 50% of the expenses relative to retrofitting <--
17 vehicles to operate on alternative fuels as either a bi-
18 fuel, dual-fuel, hybrid or dedicated vehicle, to meet 50%
19 of the incremental cost of purchase of bi-fuel, dual-
20 fuel, hybrid or dedicated vehicles, to meet 50% of the
21 cost to purchase and install the necessary fueling
22 equipment for bi-fuel, dual-fuel, hybrid and dedicated
23 vehicles and to meet 50% of the cost to perform MEET: <--
24 (A) 90% OF THE COST TO INSTALL THE NECESSARY
25 REFUELING EQUIPMENT AT A FACILITY OWNED AND OPERATED
26 BY A CORPORATION, PARTNERSHIP OR NONPROFIT ENTITY
27 THAT PERMITS PUBLIC ACCESS TO THE FACILITY.
28 (B) 50% OF THE EXPENSES RELATIVE TO RETROFITTING
29 VEHICLES TO OPERATE ON ALTERNATIVE FUELS AS EITHER A
30 BI-FUEL, DUAL-FUEL, HYBRID OR DEDICATED VEHICLE.
20020S1439B2433 - 8 -
1 (C) 50% OF THE INCREMENTAL COST OF PURCHASE OF
2 BI-FUEL, DUAL-FUEL, HYBRID OR DEDICATED VEHICLES.
3 (D) 50% OF THE COST TO PURCHASE AND INSTALL THE
4 NECESSARY FUELING EQUIPMENT FOR BI-FUEL, DUAL-FUEL,
5 HYBRID AND DEDICATED VEHICLES.
6 (E) 50% OF THE COST TO PERFORM research,
7 development and demonstration of new applications or
8 next phase technology related to alternative fuel
9 vehicles. Vehicles are eligible for grants as hybrid
10 vehicles for the research, development and
11 demonstration of new applications or next phase
12 technology regardless of whether they have received a
13 certificate of conformity.
14 (II) AS GRANTS TO SCHOOL DISTRICTS TO MEET: <--
15 (A) 90% OF THE EXPENSES RELATIVE TO RETROFITTING
16 VEHICLES TO OPERATE ON ALTERNATIVE FUELS AS EITHER A
17 BI-FUEL, DUAL-FUEL, HYBRID OR DEDICATED VEHICLE.
18 (B) 90% OF THE INCREMENTAL COST OF PURCHASE OF
19 BI-FUEL, DUAL-FUEL, HYBRID OR DEDICATED VEHICLES.
20 (C) 90% OF THE COST TO PURCHASE AND INSTALL THE
21 NECESSARY FUELING EQUIPMENT FOR BI-FUEL, DUAL-FUEL,
22 HYBRID AND DEDICATED VEHICLES.
23 (D) 90% OF THE COST FOR SCHOOL DISTRICTS TO
24 PURCHASE BIO-DIESEL FUEL THAT SATISFIES THE AMERICAN
25 SOCIETY OF TESTING AND MATERIALS SPECIFICATION D6751
26 FOR BIO-DIESEL FUEL.
27 (ii) (III) As grants to school districts, municipal <--
28 authorities, political subdivisions, nonprofit entities
29 and corporations, limited liability companies or
30 partnerships incorporated or registered in this
20020S1439B2433 - 9 -
1 Commonwealth and to residents of this Commonwealth to
2 meet 50% of the cost to purchase and install heating,
3 lighting or power systems operating on renewable energy
4 sources or 50% of the cost to purchase and install other
5 innovative energy-efficient technologies applicable to
6 stationary sources such as fuel cells.
7 (2) EACH YEAR THE DEPARTMENT OFFICE SHALL EXPEND AN <--
8 AMOUNT OF GRANT FUNDING UNDER PARAGRAPH (1)(I) AND (II) THAT
9 IS NOT LESS THAN THE AMOUNT OF GRANT MONEY EXPENDED UNDER
10 PARAGRAPH (1)(III) THAT YEAR.
11 (2) (3) Two years after the effective date of this act <--
12 and for every two-year period thereafter, the grant funding
13 amount expended by the department OFFICE under this <--
14 subsection PARAGRAPH (1)(III) shall be evaluated to determine <--
15 whether an adjustment in funding is warranted. The evaluation
16 criteria shall be based on economic and regulatory conditions
17 that affect the feasibility of alternative fuels and the
18 financial solvency of the fund. At no time shall the grant
19 funding amount go BE below 20% or above 50% of eligible <--
20 expenses.
21 (3) (4) No more than 5% of the fund may be used to <--
22 administer the provisions of this act.
23 (4) (5) No more than 10% of the fund may go BE AWARDED <--
24 to any one school district, municipal authority, political
25 subdivision, nonprofit entity, corporation, limited liability
26 company or partnership OR RESIDENT OF THIS COMMONWEALTH in <--
27 any one year, provided that the total amount of grants made <--
28 AWARDED to grant recipients within a political subdivision in <--
29 a year shall not exceed 15% of the fund. However, if the
30 total grant money awarded in that year is less than the total
20020S1439B2433 - 10 -
1 grant money available for that year, the department OFFICE <--
2 may increase the 10% and 15% funding levels established under
3 this paragraph not to exceed 40% of the fund.
4 (6) NOT LESS THAN 30% OF THE FUND SHALL BE EXPENDED ON <--
5 RESEARCH AND DEVELOPMENT RELATED TO ALTERNATIVE FUEL
6 VEHICLES.
7 (c) Application criteria.--The department OFFICE shall <--
8 establish a method by which grant applications will be
9 prioritized according to, but not limited to, the following
10 goals and criteria:
11 (1) The improvement of this Commonwealth's air quality.
12 (2) The fulfillment of the Commonwealth's
13 responsibilities under the Clean Air Act (69 Stat. 322, 42
14 U.S.C. § 7401 et seq.).
15 (3) The protection of this Commonwealth's natural
16 environment, including land, water and wildlife.
17 (4) The advancement of economic development in this
18 Commonwealth, the promotion of this Commonwealth's indigenous
19 resources and the development of this Commonwealth's
20 renewable energy sources and biofuels.
21 (5) The reduction of this Commonwealth's dependence on
22 imported crude oil and other petroleum products.
23 (6) The cost-effective use of private and public
24 funding.
25 (7) The transfer and commercialization of innovative
26 alternative energy technologies.
27 Section 4 9. Annual report. <--
28 The department OFFICE shall annually make a report to the <--
29 General Assembly on the activities undertaken pursuant to this
30 act, including the number of grants awarded and other
20020S1439B2433 - 11 -
1 expenditures from the fund.
2 Section 5. Appropriation. <--
3 An amount equal to 0.25 mills of the utilities' gross
4 receipts tax collected during each fiscal year under Article XI
5 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax
6 Reform Code of 1971, shall be appropriated annually from the
7 General Fund to the Department of Environmental Protection on a
8 continuing basis for the purpose of carrying out the provisions
9 of this act.
10 SECTION 10. ALLOCATIONS FROM UTILITIES' GROSS RECEIPTS TAX. <--
11 (A) ALTERNATIVE FUELS INCENTIVE GRANT FUND.--AN AMOUNT EQUAL
12 TO 0.25 MILLS OF THE UTILITIES GROSS RECEIPTS TAX COLLECTED
13 DURING EACH FISCAL YEAR UNDER ARTICLE XI OF THE ACT OF MARCH 4,
14 1971 (P.L.6, NO.2), KNOWN AS THE TAX REFORM CODE OF 1971, SHALL
15 BE TRANSFERRED TO THE ALTERNATIVE FUELS INCENTIVE GRANT FUND FOR
16 THE PURPOSE OF CARRYING OUT THE PROVISIONS OF THIS ACT.
17 (B) EMERGENCY ENERGY ASSISTANCE GRANT ACCOUNT.--AN AMOUNT
18 EQUAL TO 0.25 MILLS OF THE UTILITIES GROSS RECEIPTS TAX
19 COLLECTED DURING EACH FISCAL YEAR UNDER ARTICLE XI OF THE TAX
20 REFORM CODE OF 1971 SHALL BE TRANSFERRED TO THE EMERGENCY ENERGY
21 ASSISTANCE GRANT ACCOUNT FOR THE PURPOSE OF CARRYING OUT THE
22 PROVISIONS OF THIS ACT.
23 Section 6 11. Regulations. <--
24 The Environmental Quality Board may promulgate regulations
25 necessary to carry out the purposes of this act.
26 Section 7 12. Repeal. <--
27 Chapter 72 of 75 Pa.C.S. is repealed.
28 Section 8 13. Effective date. <--
29 This act shall take effect immediately.
D5L27RLE/20020S1439B2433 - 12 -