PRINTER'S NO. 2177

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1813 Session of 1991


        INTRODUCED BY GEIST, LAUGHLIN, HERMAN, HAGARTY, JAROLIN,
           D. W. SNYDER, HALUSKA, HECKLER, BATTISTO, JOHNSON, TRELLO,
           PHILLIPS, BILLOW, CLYMER, LUCYK, HERSHEY, KAISER, CHADWICK,
           COLE, STUBAN, HASAY, STISH, MERRY AND MARKOSEK, JUNE 28, 1991

        REFERRED TO COMMITTEE ON FINANCE, JUNE 28, 1991

                                     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," excluding residential geothermal heat pumps from
    11     the sales tax.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 201 of the act of March 4, 1971 (P.L.6,
    15  No.2), known as the Tax Reform Code of 1971, is amended by
    16  adding clauses 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     * * *


     1     (w)  "Residential geothermal heat pump."  A mechanical system
     2  designed to utilize the natural heat of the earth by extracting
     3  the heat energy in groundwater to provide residential heating
     4  and by extracting the heat from the air and dissipating it into
     5  the groundwater to provide residential cooling including, but
     6  not limited to, such components as water-to-refrigerant heat
     7  exchanger, refrigerant-to-air heat exchanger, refrigerant-to-
     8  water heat exchanger and refrigerant compressor.
     9     (x)  "Groundwater."  Water from aquifers, lakes, wells and
    10  any other occurrences of water in and under the ground, whether
    11  percolating or otherwise, located on the residential property
    12  and from privately distributed or municipally distributed water
    13  systems.
    14     Section 2.  Section 204 of the act is amended by adding a
    15  clause to read:
    16     Section 204.  Exclusions from Tax.--The tax imposed by
    17  section 202 shall not be imposed upon
    18     * * *
    19     (47)  The sale at retail of residential geothermal heat
    20  pumps.
    21     Section 3.  This act shall take effect in 60 days.






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