PRINTER'S NO. 1661
No. 1200 Session of 2007
INTRODUCED BY DePASQUALE, DALEY, GEORGE, GERBER, HORNAMAN, BELFANTI, BENNINGTON, BIANCUCCI, BLACKWELL, CALTAGIRONE, CARROLL, COHEN, CONKLIN, COSTA, CURRY, DERMODY, DeWEESE, EACHUS, FABRIZIO, FRANKEL, FREEMAN, GALLOWAY, GERGELY, GIBBONS, GOODMAN, GRUCELA, HALUSKA, HANNA, HARHAI, HARKINS, JAMES, JOSEPHS, W. KELLER, KESSLER, KING, KIRKLAND, KORTZ, KULA, LEACH, LENTZ, LEVDANSKY, MAHONEY, MANDERINO, MARKOSEK, McCALL, McGEEHAN, MELIO, MOUL, MUNDY, M. O'BRIEN, PASHINSKI, PAYTON, PRESTON, RAMALEY, ROEBUCK, SABATINA, SANTONI, SEIP, SHAPIRO, SHIMKUS, K. SMITH, M. SMITH, STABACK, STURLA, SURRA, TANGRETTI, THOMAS, VITALI, WAGNER, WALKO, WANSACZ, WILLIAMS, YEWCIC AND YUDICHAK, MAY 23, 2007
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, MAY 23, 2007
AN ACT 1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled 2 "An act providing for and reorganizing the conduct of the 3 executive and administrative work of the Commonwealth by the 4 Executive Department thereof and the administrative 5 departments, boards, commissions, and officers thereof, 6 including the boards of trustees of State Normal Schools, or 7 Teachers Colleges; abolishing, creating, reorganizing or 8 authorizing the reorganization of certain administrative 9 departments, boards, and commissions; defining the powers and 10 duties of the Governor and other executive and administrative 11 officers, and of the several administrative departments, 12 boards, commissions, and officers; fixing the salaries of the 13 Governor, Lieutenant Governor, and certain other executive 14 and administrative officers; providing for the appointment of 15 certain administrative officers, and of all deputies and 16 other assistants and employes in certain departments, boards, 17 and commissions; and prescribing the manner in which the 18 number and compensation of the deputies and all other 19 assistants and employes of certain departments, boards and 20 commissions shall be determined," further providing for the 21 powers of the Pennsylvania Energy Development Authority. 22 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows: 2 Section 1. The definition of "project" in section 2801-C of 3 the act of April 9, 1929 (P.L.177, No.175), known as The 4 Administrative Code of 1929, added December 14, 1982 (P.L.1213, 5 No.280), is amended to read: 6 Section 2801-C. Definitions.--The following words and 7 phrases when used in this article shall have the meanings given 8 to them in this section unless the context clearly indicates 9 otherwise: 10 * * * 11 "Project" means an activity, entirely or largely conducted in 12 Pennsylvania, which cannot be effectively funded using privately 13 available resources, relating to: 14 (1) basic and applied research concerning energy use, 15 renewable energy resources and energy extraction, transmission, 16 storage or conversion; 17 (2) limited scale demonstration of innovative or 18 commercially unproven technology to promote the production, use 19 or conservation of energy; [or] 20 (3) activities to promote or remove obstacles to the 21 utilization and transportation of Pennsylvania energy resources, 22 including but not limited to limited scale synthetic fuel 23 facilities and the conversion or technological improvement of 24 industrial, commercial or agricultural systems to utilize 25 Pennsylvania coal or renewable energy resources: Provided, That 26 no such facility unreasonably interferes with private waste 27 recycling industries[.]; or 28 (4) activities designed to further the development or 29 deployment of alternative energy sources, including those 30 defined in the act of November 30, 2004 (P.L.1672, No.213), 20070H1200B1661 - 2 -
1 known as the "Alternative Energy Portfolio Standards Act"; 2 alternative fuels, including those defined in the act of 3 November 29, 2004 (P.L.1376, No.178), known as the "Alternative 4 Fuels Incentive Act"; energy efficiency technology and energy 5 conservation measures. 6 Section 2. Section 2806-C(14) of the act, added December 14, 7 1982 (P.L.1213, No.280), is amended and the section is amended 8 by adding paragraphs to read: 9 Section 2806-C. Powers and Duties.--The authority, as a 10 public corporation and governmental instrumentality exercising 11 public powers of the Commonwealth, is hereby granted and shall 12 have and may exercise all powers necessary or appropriate to 13 carry out and effectuate the purposes of this article, including 14 the following powers, in addition to others herein granted: 15 * * * 16 (14) To make grants to fund [research] projects. 17 * * * 18 (19) To acquire and sell alternative energy credits as 19 defined in the act of November 30, 2004 (P.L.1672, No.213), 20 known as the "Alternative Energy Portfolio Standards Act." 21 (20) To establish rebate and incentive programs to help to 22 defray the costs to persons associated with the purchase, 23 manufacture or distribution of products which are used to 24 generate alternative energy or which employ energy-efficient 25 technology. 26 (21) To acquire, through purchase or otherwise, hold, sell, 27 transfer and redistribute electric power, natural gas, liquid 28 fuel, transportation fuel and any other energy commodity. 29 (22) To enter into agreements with State departments, 30 authorities, boards and commissions to provide for the transfer 20070H1200B1661 - 3 -
1 of funds from the Energy Development Fund or other funds under 2 the control of the authority, to be used for energy-related 3 activities, including the following: 4 (i) Supporting early-stage activities, including incubator 5 support services, management support, translational research 6 activities and early stage capital. 7 (ii) Providing loans to venture capital partnerships. 8 (iii) Providing grants and loans for working capital, 9 equipment acquisition, construction and site preparation. 10 Section 3. Section 2807-C(a) of the act, amended December 11 15, 1988 (P.L.1239, No.152), is amended to read: 12 Section 2807-C. Authority Indebtedness.--(a) The authority 13 shall have the power and hereby is authorized from time to time, 14 by resolution of the authority and subject to the written 15 approval of the Governor, to issue its negotiable bonds in such 16 principal amount as, in the opinion of the authority, shall be 17 necessary to provide sufficient funds for any of its corporate 18 purposes, the establishment of reserves to secure such bonds and 19 all other expenditures of the authority incident to and 20 necessary or convenient to carry out its corporate purposes and 21 powers. The authority may issue its bonds to provide financial 22 assistance for projects only after the authority has first 23 identified and approved such projects. [The aggregate principal 24 amount of bonds and notes of the authority shall not exceed 25 $300,000,000 outstanding at any one time.] 26 * * * 27 Section 4. This act shall take effect immediately. B15L71MSP/20070H1200B1661 - 4 -