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                                                      PRINTER'S NO. 1661

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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),
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     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.


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