THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEORGE, BRIGGS, CALTAGIRONE, CARROLL, D. COSTA, DALEY, EVERETT, FABRIZIO, GOODMAN, HORNAMAN, JOSEPHS, MAHONEY, MANN, MURPHY, M. O'BRIEN, PAYTON, REED, SCAVELLO, STABACK AND THOMAS, JULY 18, 2011

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JULY 18, 2011  

AN ACT

Amending the act of November 30, 2004 (P.L.1672, No.213),

entitled, "An act providing for the sale of electric energy

generated from renewable and environmentally beneficial

sources, for the acquisition of electric energy generated

from renewable and environmentally beneficial sources by

electric distribution and supply companies and for the powers

and duties of the Pennsylvania Public Utility Commission," 

further providing for alternative energy portfolio standards.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3(e)(12) of the act of November 30, 2004

(P.L.1672, No.213), known as the Alternative Energy Portfolio

Standards Act, added July 17, 2007 (P.L.114, No.35), is amended

to read:

Section 3.  Alternative energy portfolio standards.

* * *

(e)  Alternative energy credits.--

* * *

(12)  Unless a contractual provision explicitly assigns

alternative energy credits in a different manner, the owner

of the alternative energy system or a customer-generator owns

any and all alternative energy credits associated with or

created by the production of electric energy by such facility

or customer, and the owner or customer shall be entitled to

sell, transfer or take any other action to which a legal

owner of property is entitled to take with respect to the

credits. The following apply:

(i)  This paragraph shall apply to alternative energy

credits established under this act, whether or not

already deemed transferred, unless the alternative energy

credits were specifically transferred by explicit

contractual provision by the alternative energy system or

customer-generator. From the effective date of this

subparagraph, alternative energy credits may not be

considered owned by another entity other than the

alternative energy system or a customer-generator until

the alternative energy source enters into an agreement

specifically conveying the alternative energy credits to

some other entity, regardless of when an underlying

contract for the purchase of electric energy or other

products from the generator that qualifies as an

alternative energy system was executed.

(ii)  Subparagraph (i) shall apply on or after the

effective date of this subparagraph regardless of when an

underlying contract for the purchase of electric energy

or other products from the generator that qualifies as an

alternative energy system was executed.

* * *

Section 2.  Section 3.1 of the act of July 17, 2007 (P.L.114,

No.35), entitled "An act amending the act of November 30, 2004

(P.L.1672, No.213), entitled, 'An act providing for the sale of

electric energy generated from renewable and environmentally

beneficial sources, for the acquisition of electric energy

generated from renewable and environmentally beneficial sources

by electric distribution and supply companies and for the powers

and duties of the Pennsylvania Public Utility Commission,'

further providing for the definitions of 'alternative energy

credit,' 'customer-generator,' 'force majeure,' 'net metering'

and 'Tier I alternative energy source,' for alternative energy

portfolio standards, for portfolio requirements in other states

and for interconnection standards for customer-generator

facilities" is repealed.

Section 3.  This act shall take effect in 60 days.