PRINTER'S NO. 270
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
284
Session of
2021
INTRODUCED BY YAW, MARTIN, HUTCHINSON, BARTOLOTTA, MENSCH,
PITTMAN, STEFANO AND DUSH, FEBRUARY 26, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 26, 2021
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for bonding for alternative
energy production projects.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 27 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 43
BONDING FOR ALTERNATIVE ENERGY PRODUCTION PROJECTS
Sec.
4301. Definitions.
4302. Posting of bond.
4303. Separate bond not required.
4304. Amount of bond.
4305. Duration of liability for bond.
4306. Applicability.
§ 4301. Definitions.
The following words and phrases when used in this chapter
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shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Alternative energy production project." The development or
construction of any of the following in this Commonwealth:
(1) A facility that utilizes waste coal, alternative
fuels, biomass, solar energy, wind energy, geothermal
technologies, clean coal technologies, waste energy
technologies or other alternative energy sources as defined
in the act of November 30, 2004 (P.L.1672, No.213), known as
the Alternative Energy Portfolio Standards Act, to produce or
distribute alternative energy.
(2) A facility that manufactures or produces products,
including component parts, that provide alternative energy or
alternative fuels, improve energy efficiency or conserve
energy.
(3) A facility used for the research and development of
technology to provide alternative energy sources or
alternative fuels.
(4) A project for the development or enhancement of rail
transportation systems that deliver alternative fuels or
high-efficiency locomotives.
"Board." The Environmental Quality Board established under
section 1920-A of the act of April 9, 1929 (P.L.177, No.175),
known as The Administrative Code of 1929.
"Business." A corporation, partnership, sole proprietorship,
limited liability company, business trust or other commercial
entity. The term includes a not-for-profit organization.
"Department." The Department of Environmental Protection of
the Commonwealth.
§ 4302. Posting of bond.
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The operator of an alternative energy production project
commenced on or after the effective date of this section shall
post a bond with the department on a form prescribed by the
department. The bond shall be payable to the Commonwealth.
§ 4303. Separate bond not required.
The operator of an alternative energy production project who
posts a bond sufficient to comply with this chapter shall not be
required to post a separate bond for the permitted area under
any other law of this Commonwealth. Nothing in this section
shall be construed to prohibit the board from requiring
additional bond amounts for the permitted area in accordance
with the regulations promulgated under section 4304(a) (relating
to amount of bond).
§ 4304. Amount of bond.
(a) Regulations.--The board shall promulgate regulations
establishing the bonding requirements for operators of
alternative energy production projects.
(b) Amount.--The board may determine the amount of the bond
required under this chapter based on the total estimated cost to
the Commonwealth related to any of the following:
(1) Potential hazardous liabilities.
(2) Decommissioning the permitted area.
(3) Completing a reclamation plan for the affected site.
(4) The proper recycling or disposal of the alternative
energy production project.
(5) Any other factor as determined by the board.
(c) Criteria.--In determining the amount of the bond
required under this chapter in accordance with subsection (b),
the board may use any of the following:
(1) A statement of the estimated cost incurred by an
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operator of an alternative energy production project to
remove potential hazardous liabilities.
(2) An inspection of the permit documentation submitted
to the department by an operator of the alternative energy
production project.
(3) An inspection of the affected site.
(4) The probable difficulty of reclamation for the
affected site.
(5) Any other factor as determined by the board.
§ 4305. Duration of liability for bond.
Liability for a bond under this chapter shall be for the
duration of the operations of an alternative energy production
project until a reclamation plan is completed in accordance with
the laws of this Commonwealth.
§ 4306. Applicability.
The bonding requirements under this chapter shall not apply
to a residence or business in this Commonwealth that generates
alternative energy for onsite consumption.
Section 2. This act shall take effect in 60 days.
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