THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY ARGALL, RAFFERTY, YUDICHAK, M. WHITE, FERLO AND BOSCOLA, OCTOBER 4, 2011

REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 4, 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;

and repealing provisions of an act relating to certain order

of the Pennsylvania Public Utility Commission.

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)  (i)  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.

(ii)  (A)  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.

(B)  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.

(iii)  Subparagraph (ii) shall apply 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.