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                                                       PRINTER'S NO. 709

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 661 Session of 2007


        INTRODUCED BY WOZNIAK, BOSCOLA, C. WILLIAMS, COSTA, FONTANA,
           MUSTO, ERICKSON, O'PAKE, WASHINGTON, STOUT, WONDERLING,
           MELLOW, FUMO, BROWNE, FERLO AND GORDNER, MARCH 22, 2007

        REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 22, 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
    23  hereby enacts as follows:
    24     Section 1.  The definition of "project" in section 2801-C of
    25  the act of April 9, 1929 (P.L.177, No.175), known as The
    26  Administrative Code of 1929, added December 14, 1982 (P.L.1213,
    27  No.280), is amended to read:

     1     Section 2801-C.  Definitions.--The following words and
     2  phrases when used in this article shall have the meanings given
     3  to them in this section unless the context clearly indicates
     4  otherwise:
     5     * * *
     6     "Project" means an activity, entirely or largely conducted in
     7  Pennsylvania, which cannot be effectively funded using privately
     8  available resources, relating to:
     9     (1)  basic and applied research concerning energy use,
    10  renewable energy resources and energy extraction, transmission,
    11  storage or conversion;
    12     (2)  limited scale demonstration of innovative or
    13  commercially unproven technology to promote the production, use
    14  or conservation of energy; [or]
    15     (3)  activities to promote or remove obstacles to the
    16  utilization and transportation of Pennsylvania energy resources,
    17  including but not limited to limited scale synthetic fuel
    18  facilities and the conversion or technological improvement of
    19  industrial, commercial or agricultural systems to utilize
    20  Pennsylvania coal or renewable energy resources: Provided, That
    21  no such facility unreasonably interferes with private waste
    22  recycling industries[.]; or
    23     (4)  activities designed to further the development or
    24  deployment of alternative energy sources, including those
    25  defined in the act of November 30, 2004 (P.L.1672, No.213),
    26  known as the "Alternative Energy Portfolio Standards Act";
    27  alternative fuels, including those defined in the act of
    28  November 29, 2004 (P.L.1376, No.178), known as the "Alternative
    29  Fuels Incentive Act"; energy efficiency technology and energy
    30  conservation measures.
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     1     Section 2.  Section 2806-C(14) of the act, added December 14,
     2  1982 (P.L.1213, No.280), is amended and the section is amended
     3  by adding paragraphs to read:
     4     Section 2806-C.  Powers and Duties.--The authority, as a
     5  public corporation and governmental instrumentality exercising
     6  public powers of the Commonwealth, is hereby granted and shall
     7  have and may exercise all powers necessary or appropriate to
     8  carry out and effectuate the purposes of this article, including
     9  the following powers, in addition to others herein granted:
    10     * * *
    11     (14)  To make grants to fund [research] projects.
    12     * * *
    13     (19)  To acquire and sell alternative energy credits as
    14  defined in the act of November 30, 2004 (P.L.1672, No.213),
    15  known as the "Alternative Energy Portfolio Standards Act."
    16     (20)  To establish rebate and incentive programs to help to
    17  defray the costs to persons associated with the purchase,
    18  manufacture or distribution of products which are used to
    19  generate alternative energy or which employ energy-efficient
    20  technology.
    21     (21)  To acquire, through purchase or otherwise, hold, sell,
    22  transfer and redistribute electric power, natural gas, liquid
    23  fuel, transportation fuel and any other energy commodity.
    24     (22)  To enter into agreements with State departments,
    25  authorities, boards and commissions to provide for the transfer
    26  of funds from the Energy Development Fund or other funds under
    27  the control of the authority, to be used for energy-related
    28  activities, including the following:
    29     (i)  Supporting early-stage activities, including incubator
    30  support services, management support, translational research
    20070S0661B0709                  - 3 -     

     1  activities and early stage capital.
     2     (ii)  Providing loans to venture capital partnerships.
     3     (iii)  Providing grants and loans for working capital,
     4  equipment acquisition, construction and site preparation.
     5     Section 3.  Section 2807-C(a) of the act, amended December
     6  15, 1988 (P.L.1239, No.152), is amended to read:
     7     Section 2807-C.  Authority Indebtedness.--(a)  The authority
     8  shall have the power and hereby is authorized from time to time,
     9  by resolution of the authority and subject to the written
    10  approval of the Governor, to issue its negotiable bonds in such
    11  principal amount as, in the opinion of the authority, shall be
    12  necessary to provide sufficient funds for any of its corporate
    13  purposes, the establishment of reserves to secure such bonds and
    14  all other expenditures of the authority incident to and
    15  necessary or convenient to carry out its corporate purposes and
    16  powers. The authority may issue its bonds to provide financial
    17  assistance for projects only after the authority has first
    18  identified and approved such projects. [The aggregate principal
    19  amount of bonds and notes of the authority shall not exceed
    20  $300,000,000 outstanding at any one time.]
    21     * * *
    22     Section 4.  This act shall take effect immediately.






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