PRIOR PRINTER'S NOS. 47, 56, 70, 72 PRINTER'S NO. 73
No. 1 Special Session No. 1 of 2007-2008
INTRODUCED BY DePASQUALE, BELFANTI, BENNINGTON, CALTAGIRONE, DALEY, EACHUS, FRANKEL, FREEMAN, GEIST, GEORGE, KESSLER, KORTZ, McCALL, McGEEHAN, McILVAINE SMITH, M. O'BRIEN, PASHINSKI, SIPTROTH, SURRA, VITALI, YUDICHAK, PARKER, WOJNAROSKI, JOSEPHS, WALKO, YOUNGBLOOD, HORNAMAN, MANDERINO, MELIO, SCAVELLO AND K. SMITH, NOVEMBER 15, 2007
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES, FEBRUARY 13, 2008
AN ACT 1 Amending Title 64 (Public Authorities and Quasi-Public 2 Corporations) of the Pennsylvania Consolidated Statutes, in 3 Commonwealth Financing Authority, further providing for 4 indebtedness; establishing the Clean Energy Program; 5 consolidating provisions of The Administrative Code of 1929 6 relating to the Energy Development Authority and emergency 7 powers; further providing for board directors, meetings and 8 quorum, for the powers of the Pennsylvania Energy Development 9 Authority and for authority indebtedness; and making a 10 related repeal. 11 The General Assembly of the Commonwealth of Pennsylvania 12 hereby enacts as follows: 13 Section 1. Section 1543(b) and (d) of Title 64 of the 14 Pennsylvania Consolidated Statutes are amended by adding 15 paragraphs to read: 16 § 1543. Indebtedness. 17 * * * 18 (b) Program limitations.--Indebtedness incurred by the 19 authority under subsection (a) shall not, in aggregate, exceed
1 any of the following: 2 * * * 3 (9) $250,000,000 for the programs established in section 4 1559 (relating to Clean Energy Program). 5 (10) $600,000,000 for the programs established in 6 section 1806(21) (relating to powers and duties). 7 * * * 8 (d) Exception.--Subsection (c) shall not apply to the 9 aggregate amount of indebtedness incurred by the authority, 10 including through the issuance of bonds, for the following 11 programs: 12 * * * 13 (4) The programs established in section 1559. 14 (5) The programs established in section 1806(21). 15 * * * 16 Section 2. Title 64 is amended by adding a section to read: 17 § 1559. Clean Energy Program. 18 (a) Establishment.--There is hereby established a program to 19 be known as the Clean Energy Program, and the program shall 20 provide financial assistance for the preparation of sites 21 located within this Commonwealth for future development. 22 (b) Funding.--An amount not to exceed $20,000,000 of the 23 gross receipts collected during each fiscal year under Article 24 XI of the act of March 4, 1971 (P.L.6, No.2), known as the Tax 25 Reform Code of 1971, shall be annually appropriated from the 26 General Fund to the authority for the program established in 27 this section. 28 (c) Uses of funds by authority.--With respect to funding 29 under subsection (b), the authority shall have the powers and 30 duties to fulfill the obligations of a bond for alternative 20071H0001B0073 - 2 -
1 energy projects, including, but not limited to, funding for 2 alternative and renewable energy projects, such as: 3 (1) An amount up to 20% of the revenues transferred to 4 the authority, but no more than $50,000,000 to provide loans 5 to venture capital partnerships. The funds designated for 6 this purpose shall be transferred to the New Pennsylvania 7 Venture Capital Investment Program under section 1557 8 (relating to New Pennsylvania Venture Capital Investment 9 Program). 10 (2) An amount up to 20% of the revenues transferred to 11 the authority, but no more than $50,000,000 to provide grants 12 and loans for working capital, equipment acquisition, 13 construction and site preparation. 14 (3) An amount up to 60% of the revenues transferred to 15 the authority, but no more than $150,000,000 to provide 16 grants and loans to businesses and municipalities, municipal 17 authorities, redevelopment authorities and industrial 18 development agencies for infrastructure preparation and 19 development of high efficient advanced energy business sites. 20 (d) Policy.--In exercising its powers and duties under 21 subsection (a), the authority shall: 22 (1) Promote the diversification of energy generation by 23 supporting a broad cross section of clean energy 24 technologies. 25 (2) Encourage the deployment of distributed generation 26 projects for public infrastructure around this Commonwealth. 27 (3) Consider the economic development potential of each 28 proposed project as it fits into the larger context of this 29 Commonwealth's advanced energy market. 30 (4) Establish the goal of expanding the market for clean 20071H0001B0073 - 3 -
1 energy technologies, services and fuels. In pursuit of this 2 goal, the authority shall emphasize the following investment 3 priorities: 4 (i) Attracting or expanding clean energy 5 manufacturing operations in this Commonwealth. 6 (ii) Deployment of clean energy projects at 7 manufacturing facilities to enhance their 8 competitiveness. 9 For purposes of this subsection, "clean energy" shall 10 mean alternative energy sources as defined in the act of 11 November 30, 2004 (P.L.1672, No.213), known as the 12 Alternative Energy Portfolio Standards Act, and 13 alternative fuels, including those defined in the act of 14 November 29, 2004 (P.L.1376, No.178), known as the 15 Alternative Fuels Incentive Act. 16 (5) Bring the most flexibility possible to the design of 17 its financing vehicles and to the focus of its solicitations. 18 Financing vehicles such as loan guarantees, insurance 19 products and flex loans, which can have delayed repayment 20 schedules or very low interest rates, may be utilized in 21 addition to traditional financing for some types of projects. 22 The authority shall emphasize flexibility in its 23 solicitations, which may be broadly targeted to the general 24 advanced energy community or narrowly targeted toward 25 specific areas where market gaps exist. 26 (6) Seek to leverage its capital to the maximum extent 27 possible. The authority may work with the investment and 28 developer community to leverage its funds by requiring 29 significant matching funds for all projects except in rare 30 circumstances and, when allowable, by investing in projects 20071H0001B0073 - 4 -
1 that are likely to yield significant returns. The authority 2 shall consider ways to manage and increase its own funding, 3 including exploration of a variety of potential avenues, 4 including, but not limited to, Federal grants, private 5 foundation grants and legislative appropriations. 6 (7) Require, except in rare circumstances, all projects 7 to demonstrate that they have obtained significant matching 8 funds, including, but not limited to, funds from Federal, 9 State, local or private sources. 10 (8) Evaluate a proposed project to ascertain whether the 11 project has sufficient funding to enable project completion. 12 (9) When considering loans or loan guarantees, 13 thoroughly evaluate, in partnership with the department, the 14 credit of all borrowers and ensure that all financing is 15 awarded to borrowers who evidence a reasonable likelihood of 16 being able to repay the loans. 17 (e) Evaluation criteria.--In addition to specific criteria 18 developed by the authority, the following general criteria shall 19 be considered by the authority for all deployment projects: 20 (1) Potential to expand the market for the indigenous 21 energy resources of this Commonwealth. 22 (2) Potential to enhance this Commonwealth's energy 23 security and diversity. 24 (3) Ability to demonstrate significant environmental 25 benefits. 26 (4) Potential to either promote energy conservation or 27 to increase energy production from alternative energy 28 sources. 29 (5) Potential economic benefits for the Commonwealth, 30 which may be in the form of job creation, new investment, 20071H0001B0073 - 5 -
1 savings to consumers or revenue generation for other 2 beneficiaries, such as farmers, local governments or other 3 landowners. 4 (6) Technical feasibility and cost-effectiveness of the 5 project. 6 Section 3. Title 64 is amended by adding a chapter to read: 7 CHAPTER 18 8 ENERGY DEVELOPMENT AUTHORITY AND EMERGENCY POWERS 9 Sec. 10 1801. Definitions. 11 1802. Emergency petroleum product shortages. 12 1803. Energy Development Authority. 13 1804. Technical and financial support. 14 1805. Annual report. 15 1806. Powers and duties. 16 1807. Authority indebtedness. 17 1808. Financial assistance. 18 1809. Energy development plan. 19 1810. Exemption from taxation. 20 1811. Funding of authority. 21 1812. Limitation of powers. 22 1813. Audit. 23 § 1801. Definitions. 24 The following words and phrases when used in this chapter 25 shall have the meanings given to them in this section unless the 26 context clearly indicates otherwise: 27 "Authority." The Energy Development Authority established in 28 section 1803 (relating to Energy Development Authority). 29 "Board." The board of directors of the Energy Development 30 Authority. 20071H0001B0073 - 6 -
1 "Bonds." Notes, bonds, refunding or renewal notes and bonds 2 and other evidence of indebtedness or obligations which the 3 Energy Development Authority is authorized to issue. 4 "Cost." The expense of construction and the expense of 5 acquisition of all structures, lands and other property rights 6 and interests in land necessary to a project. The term also 7 includes the expense of demolishing, removing or relocating any 8 buildings or structures on lands acquired or to be acquired, 9 including the following: 10 (1) the expense of acquiring any lands to which the 11 buildings or structures may be moved or relocated; 12 (2) sewage treatment, waste treatment and pollution 13 control facilities; 14 (3) railroad sidings, spurs or branch lines; 15 (4) all labor, materials, machinery and equipment and 16 fixtures; 17 (5) financing charges; 18 (6) interest on all bonds prior to and during 19 construction and for a period of one year thereafter; 20 (7) engineering, financial and legal services; 21 (8) plans, specifications, studies, surveys necessary or 22 incidental to determining the feasibility or practicability 23 of constructing a project; 24 (9) administrative expenses; 25 (10) reserves for interest and for extension, 26 enlargements, additions and improvements; and 27 (11) such other expenses as may be necessary or 28 incidental to the construction of the project and the placing 29 of the same in operation. 30 "DEPARTMENT." THE DEPARTMENT OF COMMUNITY AND ECONOMIC <-- 20071H0001B0073 - 7 -
1 DEVELOPMENT OF THE COMMONWEALTH. 2 "HIGH-PERFORMANCE BUILDING." A BUILDING WHICH IS DESIGNED TO 3 ACHIEVE INTEGRATED SYSTEMS OF DESIGN AND CONSTRUCTION SO AS TO 4 SIGNIFICANTLY REDUCE OR ELIMINATE THE NEGATIVE IMPACT OF THE 5 BUILT ENVIRONMENT. 6 "Person." A natural person, corporation, partnership, 7 association or municipality of this Commonwealth and any public 8 corporation, authority or body whatsoever. 9 "Petroleum product." Motor gasoline, kerosene, distillates, 10 including Number 2 fuel oil, and diesel fuel. 11 "POLLUTION CONTROL TECHNOLOGY PROJECT." THE ACQUISITION, <-- 12 CONSTRUCTION OR INSTALLATION OF POLLUTION CONTROL TECHNOLOGY AND 13 EQUIPMENT THAT ENABLES AN ELECTRIC GENERATING UNIT OR 14 COGENERATION UNIT TO MEET ANY OF THE FOLLOWING REQUIREMENTS: 15 (1) MERCURY EMISSION REDUCTIONS UNDER 25 PA. CODE CH. 16 123 (RELATING TO STANDARDS FOR CONTAMINANTS). 17 (2) THE REGULATIONS ADOPTED BY THE UNITED STATES 18 ENVIRONMENTAL PROTECTION AGENCY KNOWN AS THE CLEAN AIR 19 MERCURY RULE CODIFIED AT 40 CFR PTS. 60 (RELATING TO 20 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES), 72 21 (RELATING TO PERMITS REGULATION) AND 75 (RELATING TO 22 CONTINUOUS EMISSION MONITORING). 23 (3) NITROGEN OXIDES AND SULFUR DIOXIDE EMISSION 24 REDUCTION UNDER 25 PA. CODE CHS. 121 (RELATING TO GENERAL 25 PROVISIONS), 129 (RELATING TO STANDARDS FOR SOURCES) AND 145 26 (RELATING TO INTERSTATE POLLUTION TRANSPORT REDUCTION). 27 (4) THE CLEAN AIR INTERSTATE RULE IN 40 CFR (RELATING TO 28 PROTECTION OF ENVIRONMENT). 29 "Project." An activity entirely or largely conducted in this 30 Commonwealth which cannot be effectively funded using privately 20071H0001B0073 - 8 -
1 available resources, relating to: 2 (1) basic and applied research concerning energy use, 3 renewable energy resources and energy extraction, 4 transmission, storage or conversion; 5 (2) limited scale demonstration of innovative or 6 commercially unproven technology to promote the production, 7 use or conservation of energy; 8 (3) activities to promote or remove obstacles to the 9 utilization and transportation of Pennsylvania energy 10 resources, including, but not limited to, limited scale 11 synthetic fuel facilities and the conversion or technological 12 improvement of industrial, commercial or agricultural systems 13 to utilize Pennsylvania coal or renewable energy resources, 14 except that the facility shall not unreasonably interfere 15 with private waste recycling industries; 16 (4) activities designed to further development or 17 deployment of: 18 (i) alternative energy sources, including those 19 defined in the act of November 30, 2004 (P.L.1672, 20 No.213), known as the Alternative Energy Portfolio 21 Standards Act; 22 (ii) alternative fuels, including those defined in 23 the act of November 29, 2004 (P.L.1376, No.178), known as 24 the Alternative Fuels Incentive Act; 25 (iii) energy efficiency technology; and 26 (iv) energy conservation measures. 27 (5) Activities designed to improve the energy efficiency 28 of large-scale industrial production facilities. 29 § 1802. Emergency petroleum product shortages. 30 (a) General rule.--The Governor may, by executive order, 20071H0001B0073 - 9 -
1 proclaim a state of emergency based upon a finding that there 2 impends or exists a substantial shortage of petroleum products 3 available for use in this Commonwealth which poses a serious 4 threat to the health, safety or welfare of the public. A state 5 of emergency shall remain in effect for the maximum period of 90 6 days and may be extended by the Governor unless the extension is 7 disapproved by concurrent resolution adopted by both houses of 8 the General Assembly. A state of emergency may be declared for 9 all or any portion of this Commonwealth. 10 (b) Designation.--Upon proclamation of a state of emergency, 11 the Governor shall designate a State agency to conduct emergency 12 allocation measures during the period of the declared emergency. 13 Emergency allocation measures may consist of: 14 (1) the administration of any emergency allocation 15 powers delegated to the Commonwealth by the President or any 16 Federal agency; 17 (2) the implementation of a set-aside program, for not 18 more than 1% of the petroleum products available for use in 19 this Commonwealth, to alleviate hardship or meet emergency 20 needs. A set-aside program shall be established in conformity 21 with any Federal law, regulations or executive orders 22 governing petroleum allocation and shall apply only to 23 petroleum products found to be in a substantial shortage; 24 (3) measures to reduce demand for or consumption of 25 gasoline; and 26 (4) other measures identified by the Governor in an 27 executive order proclaiming a state of emergency as necessary 28 to protect the public health, safety and welfare. 29 (c) Regulations.--The agency designated by the Governor to 30 conduct emergency measures may, during the period of the 20071H0001B0073 - 10 -
1 emergency, adopt rules and regulations pursuant to section 204 2 of the act of July 31, 1968 (P.L.769, No.240), referred to as 3 the Commonwealth Documents Law. Any regulation adopted during a 4 state of emergency shall be automatically rescinded upon the 5 expiration of the emergency. 6 (d) Monitoring.--The Governor may designate a State agency 7 to monitor supplies of petroleum products available for use in 8 this Commonwealth to determine whether there exists, or is 9 likely to exist, a shortage. 10 (1) In order to monitor supplies of petroleum products, 11 the agency may require recordkeeping and periodic reports 12 from petroleum suppliers which shall, to the maximum extent 13 possible, employ federally mandated reports and records, 14 avoid duplicative reporting and recordkeeping and minimize 15 paperwork, recordkeeping and reporting requirements. 16 (2) Reports filed and records maintained pursuant to 17 this subsection shall be deemed confidential. 18 (3) When a petroleum supplier or a company providing 19 information to a petroleum supplier claims that the 20 information requested by the agency is confidential, 21 proprietary, market or trade secret information or when the 22 information is deemed confidential pursuant to this section, 23 the agency shall not disclose the information publicly or to 24 any other governmental agency unless the information is 25 aggregated as part of a statistical report in which the data 26 and individual companies supplying the data cannot be 27 identified. 28 (4) No employee or appointee of the agency or any other 29 person may release information from a petroleum product 30 company that would enable data provided by or relating to 20071H0001B0073 - 11 -
1 individual customers of the petroleum company to be 2 identified as relating to or coming from the individual 3 customer. Any person disclosing the information in violation 4 of this section commits a misdemeanor of the third degree, 5 shall be subject to disciplinary action, including reprimand, 6 suspension or termination, and may be ordered to make 7 restitution to any injured or aggrieved party for losses or 8 damages shown. 9 (5) In order to obtain information required pursuant to 10 this subsection, the agency designated by the Governor to 11 monitor supplies of petroleum products may receive or share 12 information from any other Federal, State or local agency. 13 The agency shall provide the same confidentiality to 14 information recovered as is provided by the supplying agency. 15 § 1803. Energy Development Authority. 16 (a) Establishment.--There is established the Energy 17 Development Authority. 18 (b) Board of directors.--The authority shall be governed and 19 all of its corporate powers exercised by a board of directors 20 which shall be composed of the following individuals: 21 (1) The Secretary of Environmental Protection or a 22 designee. 23 (2) The Secretary of Banking or a designee. 24 (3) The Secretary of Community and Economic Development 25 or a designee. 26 (4) The Secretary of Agriculture or a designee. 27 (5) Four legislative appointees. 28 (i) Appointments are as follows: 29 (A) One individual appointed by the President 30 pro tempore of the Senate. 20071H0001B0073 - 12 -
1 (B) One individual appointed by the Minority 2 Leader of the Senate. 3 (C) One individual appointed by the Majority 4 Leader of the House of Representatives. 5 (D) One individual appointed by the Minority 6 Leader of the House of Representatives. 7 (ii) Legislative appointees shall serve at the 8 pleasure of the appointing authority. 9 (iii) An individual appointed to the board pursuant 10 to subparagraph (i) may not be a member of the General 11 Assembly or staff of a member of the General Assembly. 12 (c) Organization.--The Governor shall select a member of the 13 board to serve as chairperson. The members shall select from 14 among themselves such officers as they shall determine. 15 (d) Compensation.--Members of the board of directors shall 16 be entitled to no compensation for their services as members but 17 shall be entitled to reimbursement for all necessary expenses 18 incurred in connection with the performance of their duties as 19 members. 20 (e) Meetings and quorum.--The board of directors shall 21 provide for the holding of regular and special meetings. The 22 consent of at least five directors, with at least four of the 23 consenting directors being appointed under subsection (b)(5), 24 shall be required to adopt any action on behalf of the 25 authority. 26 § 1804. Technical and financial support. 27 (a) General rule.--The Governor shall designate a State 28 agency to provide staff services to the authority for its 29 administration of this chapter, including technical services to 30 assist the authority in carrying out the provisions of this 20071H0001B0073 - 13 -
1 chapter. 2 (b) Personnel and services.--The authority may utilize 3 personnel and services from any departments, agencies or other 4 authorities of the Commonwealth whose facilities and services 5 may be useful to the authority for implementation of this 6 chapter upon approval of the departments, agencies or 7 authorities. 8 (c) Reimbursement.--The authority may make reimbursement to 9 an agency, department or authority of the Commonwealth for 10 expenses incurred in providing services or use of facilities 11 acquired by the authority. 12 (d) Construction.--Notwithstanding 66 Pa.C.S. § 511 13 (relating to disposition, appropriation and disbursement of 14 assessments and fees) or any other law of this Commonwealth, no 15 funds received as reimbursement under this section shall be 16 deemed to be in substitution for funds from another source, nor 17 shall the funds reduce assessments to any utility. No funds 18 shall lapse at termination of a fiscal year, nor shall the funds 19 reduce any assessment by the Pennsylvania Public Utility 20 Commission in any fiscal year. 21 § 1805. Annual report. 22 The board shall make an annual report of the activities of 23 the authority for the preceding fiscal year, not later than 120 24 days after the conclusion of the fiscal year, to the Governor 25 and General Assembly. Each report shall contain a statement of 26 activities and a complete operating and financial statement 27 covering the operations of the authority. 28 § 1806. Powers and duties. 29 The authority, as a public corporation and governmental 30 instrumentality exercising public powers of the Commonwealth, is 20071H0001B0073 - 14 -
1 granted, shall have and may exercise all powers necessary or 2 appropriate to carry out and effectuate the purposes of this 3 chapter, including, but not limited to, the power: 4 (1) To conduct examinations and investigations and take 5 testimony under oath or affirmation at public or private 6 hearings on matters material for its information and 7 necessary to determination and approval of energy development 8 project loan applications. 9 (2) To have existence until its existence shall be 10 terminated by law. 11 (3) To sue and be sued, implead and be impleaded, 12 complain and defend in all courts. 13 (4) To adopt, use and alter at will a corporate seal. 14 (5) To make bylaws for management and regulation of its 15 affairs and make, amend and repeal rules and regulations 16 governing the business of the authority. 17 (6) To seek technical determinations on project 18 applications. 19 (7) To make contracts of every name and nature and 20 execute all instruments necessary or convenient for the 21 carrying on of its business. 22 (8) To accept grants from and enter into contracts or 23 other transactions with Federal agencies. 24 (9) To take title by foreclosure or otherwise to a 25 project or other property pledged, mortgaged, encumbered or 26 otherwise available as security for a project financed in 27 whole or in part by the authority, whether by loan, loan 28 guarantee or otherwise where acquisition is necessary to 29 protect the interests of the authority regarding a project, 30 to pay costs arising out of the acquisition from money held 20071H0001B0073 - 15 -
1 in the Energy Development Fund and to sell, transfer and 2 convey all or any portion of a project to a responsible 3 buyer. 4 (10) To purchase and make payments of mortgages on any 5 project where the purchase or payment is necessary to protect 6 a loan or loan guarantee previously made by the authority and 7 to sell, transfer, convey or assign any such mortgage. Money 8 so used by the authority in the purchase of any mortgage, or 9 any payments thereon, shall be withdrawn from the Energy 10 Development Fund, and money derived from the sale of any 11 mortgages shall be deposited by the authority in the fund. 12 (11) To lease, lease with an option to purchase, sell by 13 installment sale or otherwise, or otherwise dispose of any or 14 all of its projects, for the rentals or amounts and upon such 15 terms and conditions as the authority deems proper. 16 (12) To finance projects by making loans to persons to 17 provide funds for project costs. 18 (13) To guarantee loans of money made to persons, upon 19 the terms and conditions which the authority may prescribe, 20 relating to projects. 21 (14) To make grants to fund projects. 22 (15) To collect fees and charges determined to be 23 reasonable as to activities undertaken in furtherance of the 24 purposes of this chapter. 25 (16) To borrow money for the operation and work of the 26 authority by making notes and issuing bonds under the 27 provisions of this chapter. 28 (17) To pledge, hypothecate or otherwise encumber 29 revenues or receipts of the authority as security for bonds 30 of the authority. 20071H0001B0073 - 16 -
1 (18) To receive appropriations and apply for and accept 2 grants, gifts, donations, bequests and settlements from a 3 public or private source. Money received by the authority 4 shall be deposited in the Energy Development Fund and used 5 for the purposes of the authority. 6 (19) To promote and facilitate the sale through this 7 Commonwealth of alternative energy credits as defined in the 8 act of November 30, 2004 (P.L.1672, No.213), known as the 9 Alternative Energy Portfolio Standards Act. This paragraph 10 shall not be construed as conferring on the Commonwealth the 11 authority to purchase, acquire or sell alternative energy 12 credits. 13 (20) To establish rebate and incentive programs to help 14 defray the costs to persons associated with the purchase, 15 manufacture or distribution of products used to generate 16 alternative energy or employing energy-efficient technology. 17 (21) To enter into agreements with the Department of <-- 18 Community and Economic Development DEPARTMENT and the Ben <-- 19 Franklin Technology Development Authority to provide for the 20 transfer of funds from the Energy Development Fund or other 21 funds under the control of the authority, to be used for 22 energy-related activities and to fulfill the obligations of a 23 bond for alternative energy projects, including: 24 (i) An amount up to 9% of the revenues in the fund, 25 but no more than $56,000,000 to the Ben Franklin 26 Technology Development Authority to support early-stage 27 activities, including incubator support services, 28 management support, translational research activities and 29 early-stage capital. The funds designated for these 30 purposes shall be allocated to the Ben Franklin 20071H0001B0073 - 17 -
1 Technology Partners. Funding shall be subject to the 2 guidelines established by the Ben Franklin Technology 3 Development Authority. The guidelines shall be posted on 4 its official Internet website. 5 (ii) An amount up to 8% of the revenues in the fund, 6 but not more than $44,000,000 to create a rebate program 7 to lower the retail price of new energy-efficient 8 appliances AND FOR A LOAN PROGRAM TO PROVIDE FINANCING <-- 9 FOR ENERGY-EFFICIENT HOME IMPROVEMENTS. AN AMOUNT NOT TO 10 EXCEED $5,000,000 SHALL BE ALLOCATED TO THE TREASURY 11 DEPARTMENT TO ESTABLISH A LOAN PROGRAM, TO BE KNOWN AS 12 THE KEYSTONE HELP PROGRAM, AS A REVOLVING LOAN PROGRAM 13 OFFERING FINANCING FOR ENERGY-EFFICIENT APPLIANCES AND 14 OTHER ENERGY EFFICIENCY MEASURES TO HOMEOWNERS OCCUPYING 15 THEIR HOMES IN ALL CUSTOMER CLASSES. THE FUNDS DESIGNATED 16 FOR THESE PURPOSES SHALL BE LIMITED TO USE AS LOAN-LOSS 17 RESERVE FUNDS AND TO OFFER LOANS TO LOW-INCOME HOMEOWNERS 18 OCCUPYING THEIR HOMES AT RATES LOWER THAN THOSE OFFERED 19 TO OTHER CUSTOMER CLASSES. 20 (iii) An amount up to 33% of the revenues in the 21 fund, but not more than $200,000,000 toward rebates and 22 grants for solar photovoltaic, other solar electric or 23 solar thermal projects and toward production incentives 24 to encourage the establishment or expansion of solar 25 manufacturing operations in this Commonwealth. Not less 26 than 65% of the total funding under this subsection shall 27 be used for rebates and grants for solar photovoltaic, 28 other solar electric or solar thermal projects. Projects 29 installing solar equipment manufactured in this 30 Commonwealth are eligible for rebates and grants up to 20071H0001B0073 - 18 -
1 15% greater than comparable projects installing equipment 2 manufactured outside this Commonwealth. 3 (iv) An amount up to 50% 45% of the revenues in the <-- 4 fund, but no more than $300,000,000 $270,000,000 to <-- 5 provide grants and loans for alternative energy projects, 6 alternative fuels and demand-side management and 7 efficiency measures for all customer classes., including, <-- 8 but not limited to, energy-efficient building 9 construction, equipment and renovation. THE SUM OF <-- 10 $25,000,000 UNDER THIS SUBPARAGRAPH SHALL BE FOR GRANTS 11 TO HIGH-PERFORMANCE BUILDINGS WHICH MEET STANDARDS 12 ESTABLISHED IN GUIDELINES ADOPTED BY THE DEPARTMENT IN 13 CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL 14 PROTECTION. THESE STANDARDS SHALL MEET THE FOLLOWING 15 MINIMUM CRITERIA: 16 (A) BE CONSENSUS-BASED, AS DEFINED BY THE OFFICE 17 OF MANAGEMENT AND BUDGET, CIRCULAR NO. A-119, DATED 18 FEBRUARY 10, 1998. 19 (B) INCLUDE PERFORMANCE-BASED CATEGORIES WHICH 20 WILL FOSTER ACHIEVEMENT OF THE FOLLOWING: 21 (I) OPTIMIZATION OF THE ENERGY PERFORMANCE 22 OF BUILDINGS THROUGHOUT THIS COMMONWEALTH. 23 (II) INCREASE IN THE DEMAND FOR 24 ENVIRONMENTALLY PREFERABLE BUILDING MATERIALS, 25 FURNISHINGS AND FINISHES. 26 (III) IMPROVEMENT IN ENVIRONMENTAL QUALITY 27 IN THIS COMMONWEALTH BY DECREASING THE DISCHARGE 28 OF POLLUTANTS FROM BUILDINGS AND THEIR 29 MANUFACTURE. 30 (IV) IMPROVEMENT IN WORKING CONDITIONS AND A 20071H0001B0073 - 19 -
1 REDUCTION IN RELATED HEALTH PROBLEMS. 2 (V) REDUCTION IN THIS COMMONWEALTH'S 3 DEPENDENCE ON IMPORTED SOURCES OF ENERGY THROUGH 4 BUILDINGS WHICH CONSERVE ENERGY AND UTILIZE LOCAL 5 AND RENEWABLE ENERGY SOURCES. 6 (VI) PROTECTION AND RESTORATION OF THIS 7 COMMONWEALTH'S NATURAL RESOURCES BY AVOIDING 8 DEVELOPMENT OF INAPPROPRIATE BUILDING SITES. 9 (VII) REDUCTION IN THE BURDEN OF MUNICIPAL 10 WATER SUPPLY AND TREATMENT BY REDUCING POTABLE 11 WATER CONSUMPTION. 12 (VIII) REDUCTION IN WASTE GENERATION AND THE 13 MANAGEMENT OF WASTE THROUGH RECYCLING AND 14 DIVERSION FROM LANDFILL DISPOSAL. 15 (C) REQUIRE DOCUMENTATION, VERIFIABLE 16 CALCULATIONS OR THE EQUIVALENT PROCEDURE TO 17 SUBSTANTIATE AND SUPPORT CLAIMS MADE ABOUT 18 PERFORMANCE-BASED CATEGORIES. 19 (D) EMPLOY THIRD-PARTY, POSTCONSTRUCTION REVIEW 20 AND VERIFICATION OF THE ACHIEVEMENT OF STANDARDS 21 ESTABLISHED IN GUIDELINES ADOPTED BY THE DEPARTMENT. 22 (E) HAVE A PERFORMANCE RECORD OF CERTIFIED GREEN 23 BUILDINGS IN THE UNITED STATES. 24 (v) An amount not to exceed $45,000,000 of the gross 25 receipts collected during each fiscal year under Article 26 XI of the act of March 4, 1971 (P.L.6, No.2), known as 27 the Tax Reform Code of 1971, shall be annually 28 appropriated from the General Fund to the authority for 29 the programs established under this subsection. 30 (VI) AN AMOUNT UP TO 3% OF THE REVENUES IN THE FUND, <-- 20071H0001B0073 - 20 -
1 BUT NO MORE THAN $25,000,000, TO PROVIDE FOR POLLUTION 2 CONTROL TECHNOLOGY PROJECTS WHICH SHALL BE UTILIZED FOR 3 GRANTS TO ELECTRIC GENERATING UNITS OR COGENERATION 4 UNITS, AS DEFINED UNDER 25 PA. CODE § 123.202 (RELATING 5 TO DEFINITIONS), THAT UTILIZE COAL, AS DEFINED UNDER 25 6 PA. CODE § 123.202, AS THEIR PRIMARY FUEL SOURCE, AND 7 THAT HAVE AN INSTALLED CAPACITY OF LESS THAN 500 8 MEGAWATTS, LOCATED IN THIS COMMONWEALTH. EACH ELECTRIC 9 GENERATING UNIT OR COGENERATION UNIT SHALL BE ELIGIBLE TO 10 RECEIVE A PRO RATA SHARE OF MONEYS ALLOCATED FOR 11 POLLUTION CONTROL TECHNOLOGY PROJECTS BASED ON CRITERIA 12 DEVELOPED BY THE DEPARTMENT. 13 (VII) AN AMOUNT UP TO 5% OF THE REVENUES IN THE 14 FUND, BUT NO LESS THAN $30,000,000 TO PROVIDE GRANTS AND 15 LOANS TO SUPPORT THE DEVELOPMENT OF WIND ENERGY PROJECTS, 16 GRANTS AND LOANS TO SUPPORT THE DEVELOPMENT OF 17 MANUFACTURING FACILITIES FOR WIND TURBINES AND OTHER WIND 18 ENERGY COMPONENTS, AND TO PROVIDE GRANTS TO 19 MUNICIPALITIES THAT HOST WIND ENERGY FACILITIES. 20 § 1807. Authority indebtedness. 21 (a) General rule.--The authority shall have the power and is 22 authorized from time to time, by resolution of the authority and 23 subject to the written approval of the Governor, to issue its 24 negotiable bonds in such principal amount as, in the opinion of 25 the authority, shall be necessary to provide sufficient funds 26 for any of its corporate purposes, the establishment of reserves 27 to secure the bonds and all other expenditures of the authority 28 incident to and necessary or convenient to carry out its 29 corporate purposes and powers. The aggregate principal amount of 30 bonds and notes of the authority shall not exceed $800,000,000 20071H0001B0073 - 21 -
1 outstanding at any one time. 2 (b) Refund or renewal.--The authority, whenever it deems it 3 expedient, shall have the power to refund or renew any bonds by 4 the issuance of new bonds whether the bonds to be refunded or 5 renewed have or have not matured. Refunding bonds shall be sold 6 and the proceeds applied to the purchase, redemption or payment 7 of the bonds to be refunded. 8 (c) No personal liability.--Neither the members of the board 9 of the authority nor any person executing the bonds shall be 10 liable personally on the bonds or be subject to any personal 11 liability or accountability by reason of the issuance thereof. 12 (d) No Commonwealth debt.--Bonds issued under the provisions 13 of this chapter shall not be deemed to constitute a debt of the 14 Commonwealth or any political subdivision or a pledge of the 15 faith and credit of the Commonwealth or any political 16 subdivision. 17 (e) Bond requirements.-- 18 (1) The bonds of the authority shall be of the series, 19 bear date or dates, mature at the time or times not exceeding 20 40 years from their respective dates, bear interest at the 21 rate or rates, payable at least semiannually, be in the 22 denominations, be in the form, either coupon or fully 23 registered without coupons, carry the registration, 24 exchangeability and interchangeability privileges, by payment 25 in medium of payment and at the place or places, be subject 26 to the terms of redemption, with or without premium, and be 27 entitled to the priorities in the revenue or receipts of the 28 authority as the resolution or resolutions of the authority 29 may provide. 30 (2) The bonds shall be signed by or shall bear the 20071H0001B0073 - 22 -
1 facsimile signature of the officers the authority shall 2 determine, and coupon bonds shall have attached to the coupon 3 bond in interest coupons bearing the facsimile signature of 4 the chairman of the authority, all as may be prescribed in 5 the resolution or resolutions of the authority. 6 (3) Bonds may be issued and delivered, notwithstanding 7 that one or more of the officers signing the bonds shall have 8 ceased to be the officer or officers at the time when the 9 bonds shall actually be delivered. 10 (4) Bonds may be sold at public or private sales for the 11 price or prices as the authority shall determine. Pending the 12 preparation of the definitive bonds, interim receipts may be 13 issued to the purchaser or purchasers of the bonds and may 14 contain such terms and conditions as the authority may 15 determine. 16 (5) Any bond reciting in substance that it has been 17 issued by the authority to aid in the financing of one or 18 more projects to accomplish the public purposes of this 19 chapter shall be conclusively deemed in proceedings involving 20 the validity or enforceability of the bond or security for 21 the bond to have been issued for that purpose. 22 (f) Bond provisions.--A resolution or resolutions 23 authorizing bonds may contain provisions, which shall be part of 24 the contract with holders of the bonds, as to any of the 25 following: 26 (1) Pledging the full faith and credit of the authority. 27 (2) The terms and provisions of the bonds. 28 (3) Limitations on the purposes to which the proceeds of 29 the bonds then or from then on to be issued may be applied. 30 (4) The setting aside of reserves or sinking funds and 20071H0001B0073 - 23 -
1 the regulation and disposition of the reserves or sinking 2 funds. 3 (5) Limitations on the issuance of additional bonds. 4 (6) The terms and provisions of any indenture under 5 which the bonds may be issued. 6 (7) Any other or additional agreements with the holders 7 of the bonds. 8 (g) Indentures and other agreements.--The authority may 9 enter into indentures or other agreements, with a bank or trust 10 company in or outside this Commonwealth, including a Federal 11 agency, and may assign and pledge all or any of the revenues or 12 receipts of the authority. The indenture or other agreement may 13 contain such provisions as may be customary in such instruments 14 or as the authority may authorize, including, but without 15 limitation, provisions as to: 16 (1) the application of funds and the safeguarding of 17 funds on hand or on deposit; 18 (2) the rights and remedies of the trustee and the 19 holders of the bonds, which may include restrictions upon the 20 individual right of action of the holders; and 21 (3) the terms and provisions of the bonds or any 22 additional bonds or the resolutions authorizing the issuance 23 of the bonds or additional bonds. 24 (h) Negotiable instruments.--The bonds shall have all the 25 qualities of negotiable instruments under 13 Pa.C.S. Div. 3 26 (relating to negotiable instruments). 27 (i) Rights and remedies.--The rights and remedies conferred 28 upon or granted to the bondholders shall be in addition to and 29 not in limitation of any rights and remedies lawfully granted to 30 the bondholders by the resolution or resolutions providing for 20071H0001B0073 - 24 -
1 the issuance of bonds or by any indenture or other agreement 2 under which the bonds may be issued. 3 (j) Default.--In the event that the authority shall default 4 in the payment of principal of premium, if any, or interest on 5 any issue of bonds after the principal, premium or interest 6 shall become due, whether at maturity, upon call for redemption 7 or otherwise and the default shall continue for a period of 30 8 days, or in the event that the authority shall fail or refuse to 9 comply with the provisions of this chapter or shall default in 10 any agreement made with the holders of the bonds, the holders of 11 25% in aggregate principal amount of the bonds then outstanding 12 of the issues, by instrument or instruments filed in the Office 13 of the Prothonotary of the Commonwealth Court, may appoint a 14 trustee to represent the bondholders for the purposes provided 15 in this subsection. The trustee and any trustee under any 16 indenture or other agreement may, and upon written request of 17 the holders of 25% or other percentage as may be specified in 18 any indenture or other agreement, in principal amount of the 19 particular issues of bonds then outstanding shall, in the 20 trustee's own name: 21 (1) By mandamus or other suit, action or proceeding at 22 law or in equity, enforce all rights of the bondholders, 23 including the right to require the authority to carry out any 24 agreement as to or pledge of the revenues or receipts of the 25 authority and to require the authority to carry out any other 26 agreements with or for the benefit of the bondholders and to 27 perform its and their duties under this chapter. 28 (2) Bring suit upon the bonds. 29 (3) By action or suit in equity require the authority to 30 account as if it were the trustee of an express trust for the 20071H0001B0073 - 25 -
1 bondholders. 2 (4) By action or suit in equity enjoin any acts or 3 things which may be unlawful or in violation of the rights of 4 the bondholders. 5 (5) By notice in writing to the authority, declare all 6 bonds due and payable and if all defaults shall be made good, 7 then with the consent of the holders of 25% or such other 8 percentage as may be specified in any indenture or other 9 agreement of the principal amount of bonds then outstanding, 10 to announce the declaration and its consequences. 11 (k) Jurisdiction.--The Commonwealth Court shall have 12 jurisdiction of any suit, action or proceeding by the trustee on 13 behalf of the bondholders. 14 (l) Trustee powers.-- 15 (1) A trustee appointed by the court or trustee acting 16 under an indenture or other agreement, and whether or not all 17 bonds have been declared due and payable, shall be entitled 18 as of right to the appointment of a receiver, who may 19 exercise dominion over the mortgages or other security held 20 by or available to the authority or any part of the 21 authority, the revenues or receipts from which are or may be 22 applicable to the payment of the bonds so in default, and 23 collect and receive all revenues arising after default from 24 the bonds in the same manner as the authority might do and 25 shall deposit all money in a separate account and apply the 26 same in the manner as the court shall direct. 27 (2) In any suit, action or proceeding by a trustee, the 28 fees, the counsel fees and expenses of the trustee and of the 29 receiver, if any, and all costs and disbursements allowed by 30 the court shall be a first charge on any revenues and 20071H0001B0073 - 26 -
1 receipts derived from the mortgages of the authority or other 2 security held by or available to the authority, the revenues 3 or receipts from which are or may be applicable to the 4 payment of the bonds in default. 5 (3) A trustee shall also have all of the power necessary 6 or appropriate for the exercise of any function specifically 7 set forth in this section, in any indenture or other 8 agreement or incident to the general representation of the 9 bondholders in the enforcement and protection of their 10 rights. 11 § 1808. Financial assistance. 12 (a) General rule.--When it has been determined by the 13 authority, upon application and hearing in the manner provided 14 in this section, that the granting of financial assistance will 15 accomplish the public purposes of this chapter, the authority 16 may contract to make financial assistance available in an amount 17 not in excess of the cost of the project. 18 (b) Confirmation of other funding.--Prior to committing 19 itself to provide financial assistance under this section, the 20 authority shall have determined that the person requesting the 21 assistance has obtained from other responsible and independent 22 sources, including the Federal Government, banks, savings and 23 loan associations or otherwise, a firm commitment for all other 24 funds, over and above the amount of financial assistance 25 requested from the authority, which in the aggregate shall be 26 sufficient to cover the entire cost of the project. 27 (c) Time period and interest.--Any loan, lease, sale, 28 guarantee or other agreement with response to a project shall be 29 for the period of time and shall bear interest at the rate as 30 shall be determined by the authority and may be secured by 20071H0001B0073 - 27 -
1 mortgage on and security interest in the project which the loan, 2 lease, guarantee or other sale agreement relates, or with 3 respect to any other property of the obligor, or any other 4 security which the authority determines to be necessary. 5 (d) Manner of payment.--Money made available for projects by 6 the authority shall be withdrawn from the appropriate funds and 7 paid over to the obligor in the manner provided and prescribed 8 by the resolutions, rules and regulations of the authority, the 9 loan, lease, sale, guarantee or other agreement and the 10 indenture or agreement of trust, if any, relating to the 11 project. 12 (e) Deposit in appropriate funds.--All payments of interest 13 on funds made available for projects and the principal amount 14 shall be deposited by or on behalf of the authority in the 15 appropriate funds. 16 (f) Application form.--Prior to disbursing any funds for, or 17 committing itself to guarantee any indebtedness relating to, or 18 providing technical assistance for a project, the authority 19 shall receive an application in the form and having the content 20 the authority may prescribe from the person seeking the 21 assistance. 22 § 1809. Energy development plan. 23 (a) Contents.--In order to devise the most effective 24 strategy for providing the financial and technical assistance 25 authorized in this chapter, the authority shall publish by 26 August 15, 1983, a plan for the allocation and distribution of 27 financial and technical assistance. The energy development plan 28 shall do all of the following: 29 (1) Place maximum reliance upon allocation and 30 distribution strategies that exploit the use of other 20071H0001B0073 - 28 -
1 available Federal, State, local and private financial 2 support. 3 (2) Allocate appropriated authority funds, money made 4 available from payment of principal and interest received by 5 the authority not otherwise payable to other creditors or 6 bondholders and other funds available to the authority to 7 projects whose likelihood or implementation would be 8 diminished unless financial and technical assistance from the 9 authority is made available. 10 (3) Provide for the approval of assistance for projects 11 that will make the greatest possible contributions to energy 12 conservation and development. 13 (4) Provide financial and technical assistance only to 14 persons with a demonstrated need and who evidence reasonable 15 likelihood of being able, in the case of loans and loan 16 guarantees, to repay the loans. 17 (5) Identify the various classes of projects to be 18 provided with financial and technical assistance and allocate 19 available authority funds among these classes. Specifically, 20 the authority shall consider increasing coal production and 21 the use of renewable fuels and in energy efficiency in 22 buildings and industry in establishing its priorities. 23 (6) Establish application procedures and criteria for 24 granting financial and technical assistance. 25 (7) Establish procedures for the periodic updating and 26 revision of the energy development plan. 27 (b) Public hearings.--The authority shall hold public 28 hearings at locations throughout this Commonwealth to receive 29 comments upon and suggestions for the improvement of the energy 30 development plan. These hearings shall be concluded within 90 20071H0001B0073 - 29 -
1 days of the publication of the initial plan. Not more than 90 2 days following the completion of hearings, the authority shall 3 promulgate its final energy development plan. 4 § 1810. Exemption from taxation. 5 (a) Exemption.--The effectuation of the authorized purposes 6 of the authority is for the benefit of the people of this 7 Commonwealth and since the authority will as a government 8 instrumentality of the Commonwealth be performing essential 9 government functions in effectuating the purposes, the bonds or 10 other evidences of indebtedness issued by the authority, their 11 transfer and the income from the bonds shall at all times be 12 free from taxation within this Commonwealth. 13 (b) Interest on certain bonds.--The authority may covenant 14 and consent that the interest on certain of its bonds shall be 15 includable, under the Internal Revenue Code of 1986 (Public Law 16 99-514, 26 U.S.C. § 1 et seq.) or any subsequent corresponding 17 internal revenue laws of the United States, in the gross income 18 of the holders of the bonds to the same extent and in the same 19 manner that the interest on bills, bonds, notes or other 20 obligations of the United States is includable in the gross 21 income of the holders thereof under the Internal Revenue Code of 22 1986. Notwithstanding any covenant or consent of the authority, 23 the exemption provided in subsection (a) shall not be affected. 24 § 1811. Funding of authority. 25 (a) Energy Development Fund.--A special account is hereby 26 created in the State Treasury to be known as the Energy 27 Development Fund. The fund shall be used to prepare the energy 28 development plan, to pay for initial administrative costs 29 associated with initial bond issues, to make grants for limited 30 research and pursuant to this chapter to establish such reserves 20071H0001B0073 - 30 -
1 as in the judgment of the authority with respect to loans 2 guaranteed or bonds issued by the authority may be necessary or 3 desirable or to accomplish any other of its corporate purposes. 4 (b) Administrative costs.--As often as may be necessary, the 5 authority shall requisition from the appropriate funds the 6 amounts necessary to provide adequate funds for the payment of 7 the administrative costs related to this chapter. 8 (c) Excess funds.--At any time that the authority shall 9 determine that funds held for the credit of the Energy 10 Development Fund are in excess of the amount needed to carry out 11 the purposes of this chapter, the authority shall take such 12 action as shall be required to release the excess from the fund 13 and transfer the same to the General Fund of the State Treasury. 14 § 1812. Limitation of powers. 15 The Commonwealth pledges to and agrees with any person or 16 Federal agency subscribing to or acquiring the bonds to be 17 issued by the authority for the construction of any project or 18 part of the project, that the Commonwealth will not limit or 19 alter adversely the rights vested in the authority until all 20 bonds at any time issued, together with the interest, are fully 21 met and discharged. The Commonwealth further pledges to and 22 agrees with any Federal agency that if the Federal agency shall 23 construct or contribute funds for the construction of any 24 project or any portion of the project, the Commonwealth will not 25 alter or limit the rights and powers of the authority in any 26 manner that would be inconsistent with the continued maintenance 27 and operation of any project or the improvement of the project, 28 or that would be inconsistent with the due performance of any 29 agreements between the authority and the Federal agency, and the 30 authority shall continue to have and may exercise all powers 20071H0001B0073 - 31 -
1 granted under this chapter, as long as the same shall be 2 necessary or desirable for carrying out the purposes of this 3 chapter and the purposes of the United States pertaining to the 4 construction, acquisition or improvement of any project or 5 portion of the project. 6 § 1813. Audit. 7 The accounts and books of the authority, including its 8 receipts, disbursements, contracts, mortgages, investments and 9 other matters relating to its finances, operation and affairs 10 shall be examined and audited every two years by the Auditor 11 General. 12 Section 4. The following apply: 13 (1) The General Assembly declares that the repeal under 14 paragraph (2) is necessary to effectuate the addition of 64 15 Pa.C.S. Ch. 18. 16 (2) Article XXVIII-C of the act of April 9, 1929 17 (P.L.177, No.175), known as The Administrative Code of 1929, 18 is repealed. 19 Section 5. The addition of 64 Pa.C.S. Ch. 18 is a 20 continuation of Article XXVIII-C of the act of April 9, 1929 21 (P.L.177, No.175), known as The Administrative Code of 1929. The 22 following apply: 23 (1) Except as otherwise provided in 64 Pa.C.S. Ch. 18, 24 all activities initiated under Article XXVIII-C of The 25 Administrative Code of 1929 shall continue and remain in full 26 force and effect and may be completed under 64 Pa.C.S. Ch. 27 18. Orders, regulations, rules and decisions which were made 28 under Article XXVIII-C of The Administrative Code of 1929 and 29 which are in effect on the effective date of section 2(2) of 30 this act shall remain in full force and effect until revoked, 20071H0001B0073 - 32 -
1 vacated or modified under 64 Pa.C.S. Ch. 18. Contracts, 2 obligations and collective bargaining agreements entered into 3 under Article XXVIII-C of The Administrative Code of 1929 are 4 not affected nor impaired by the repeal of Article XXVIII-C 5 of The Administrative Code of 1929. 6 (2) Except as set forth in paragraph (3), any difference 7 in language between 64 Pa.C.S. Ch. 18 and Article XXVIII-C of 8 The Administrative Code of 1929 is intended only to conform 9 to the style of the Pennsylvania Consolidated Statutes and is 10 not intended to change or affect the legislative intent, 11 judicial construction or administration and implementation of 12 Article XXVIII-C of The Administrative Code of 1929. 13 (3) Paragraph (2) does not apply to the following 14 provisions: 15 (i) Paragraphs (3), (4) and (5) of the definition of 16 "project" in 64 Pa.C.S. § 1801. 17 (ii) 64 Pa.C.S. § 1802(d)(4). 18 (iii) 64 Pa.C.S. § 1803(b), (c), (d) and (e). 19 (iv) 64 Pa.C.S. § 1806(2), (14), (19), (20) and 20 (21). 21 (v) 64 Pa.C.S. § 1807(a) and (c). 22 (vi) 64 Pa.C.S. § 1809(a). 23 (vii) 64 Pa.C.S. § 1811(a). 24 Section 6. This act shall take effect immediately. K9L64RLE/20071H0001B0073 - 33 -