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PRINTER'S NO. 1094
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
872
Session of
2021
INTRODUCED BY CAPPELLETTI, MUTH, COLLETT, FONTANA, KEARNEY,
SCHWANK, SANTARSIERO, COSTA, COMITTA, SAVAL AND HAYWOOD,
SEPTEMBER 22, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
SEPTEMBER 22, 2021
AN ACT
Amending Title 27 (Environmental Resources) of the Pennsylvania
Consolidated Statutes, providing for transition to renewable
energy; imposing duties on the Department of Environmental
Protection and other Commonwealth agencies relating to energy
consumption and renewable energy generation; establishing the
Renewable Energy Transition Task Force, the Just Transition
Community Advisory Committee, the Renewable Energy Center of
Excellence, the Council for Renewable Energy Workforce
Development and the Renewable Energy Workforce Development
Fund; providing for interim limits on energy produced from
nonrenewable sources and for wage requirement for energy
producing systems.
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:
C HAPTER 51
TRANSITION TO RENEWABLE ENERGY
Sec.
5101. Declaration of policy.
5102 . Definitions.
5103 . Priorities.
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5104 . Renewable Energy Transition Task Force.
5105 . Executive agency duties.
5106 . Publication and review.
5107. Renewable Energy Center of Excellence.
5108. Council for Renewable Energy Workforce Development.
5109. Study by department.
5110. Analysis of energy consumption.
5111. Interim limits on energy produced from nonrenewable
sources.
5112. State-owned facilities and land.
5113. Prevailing wage requirement for energy producing systems.
§ 5101. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The purpose of this act is to steadily transition
this Commonwealth to 100% clean, renewable energy by 2050 in
order to:
(i) Avoid pollution of our air, water and land,
reduce emissions and ultimately eliminate our use of
fossil fuels and other polluting and dangerous forms of
energy.
(ii) Increase energy security by reducing reliance
on imported sources of energy and maximizing renewable
energy production in this Commonwealth.
(iii) Increase economic development by stimulating
public and private investments in clean, renewable energy
and energy efficiency projects.
(iv) Create local jobs by harnessing this
Commonwealth's skilled workforce, business leadership and
academic institutions to advance new technologies,
improve the energy performance of homes and workplaces
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and deploy renewable energy across this Commonwealth.
(v) Improve economic and social equity for all
residents of this Commonwealth, with an emphasis on
historically disadvantaged communities and populations
that have been disproportionately affected by pollution
and high energy costs under the current system.
(vi) Support individuals who are facing the burdens
of climate impact, such as those who are suffering from
loss of agricultural land, increased health impacts and
neighborhood displacement.
(2) It is the goal of the Commonwealth to:
(i) Meet 100% of Pennsylvania's energy needs with
renewable energy by 2050, including the energy consumed
for electricity, heating and cooling, transportation,
agricultural uses, industrial uses and all other uses by
residents, institutions, businesses, State and municipal
agencies and other entities operating within this
Commonwealth.
(ii) Obtain 100% of the electricity consumed by
residents, institutions, businesses, State and municipal
agencies and other entities operating within this
Commonwealth from renewable energy sources by 2035.
§ 5102. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Building sector." The energy consumed to heat, cool and
provide hot water and electricity for buildings. The term does
not include energy used for heavy industrial activities.
"Center." The Renewable Energy Center of Excellence
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established under section 5107 (relating to Renewable Energy
Center of Excellence).
"Commonwealth agency." As defined in 62 Pa.C.S. § 103
(relating to definitions).
"Council." The Council for Renewable Energy Workforce
Development established under section 5108 (relating to Council
for Renewable Energy Workforce Development).
"Department." The Department of Environmental Protection of
the Commonwealth.
"Distressed community." Geographic area where at least 30%
of residents have incomes that are less than the national
poverty level and where the unemployment rate is at least 1.5
times the national unemployment rate.
"Emerging renewable technologies." Technologies that meet
the definition of renewable energy and have a preponderance of
peer reviewed, evidence based, scientific research validating
adherence to renewable energy requirements.
"Emission." The emission of a greenhouse gas into the air.
"Executive agency." As defined in 62 Pa.C.S. § 103.
"Fund." The Renewable Energy Workforce Development Fund
established in section 5112(c) (relating to State-owned
facilities and land).
"Greenhouse gas." A gas in the Earth's atmosphere that
absorbs and reemits infrared radiation, including carbon
dioxide, nitrous oxide, methane, hydrofluorocarbons,
perfluorocarbons and sulfur hexafluoride.
"Nonrenewable energy." Energy produced from any source that
fails to meet one or more of the criteria for renewable energy.
"Public school." A school operated by a school district. The
term does not include an intermediate unit, charter school,
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cyber charter school or an area career and technical school.
"Renewable energy." As follows:
(1) Energy produced from sources that meet all of the
following criteria:
(i) Virtually pollution-free, producing little to no
global warming pollution or health-threatening pollution.
(ii) Inexhaustible, coming from natural sources that
are regenerative or practically unlimited.
(iii) Safe, having minimal impacts on the
environment, community safety and public health.
(iv) Efficient, a wise use of resources.
(2) The term includes energy produced with any
technology, the use of which conforms to the requirements
under paragraph (1), including the following:
(i) Solar photovoltaic.
(ii) Solar thermal electric.
(iii) Solar thermal heating.
(iv) Offshore wind energy.
(v) Onshore wind energy.
(vi) Geothermal energy.
(vii) Emerging renewable technologies.
"Secretary." The Secretary of Environmental Protection of
the Commonwealth.
"Sector." A major category of energy usage. The term
includes electricity generation, heating, transportation and
industry and may include other major categories as identified by
the department.
"Subsector." A subcategory within a sector of energy usage,
characterized by a common energy generation technology,
industry, application, end-use sector or type of consumer.
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"Task force." The Renewable Energy Transition Task Force
established in section 5104 (relating to Renewable Energy
Transition Task Force).
"Transportation sector." The technologies and uses of energy
that are applied to move people and goods within, into and out
of this Commonwealth, including nonmotorized forms of
transportation, such as walking and bicycling.
"Zero net energy building." An energy efficient building
where, on a source energy basis, the actual annual delivered
energy is less than or equal to the onsite renewable exported
energy.
§ 5103. Priorities.
In meeting the goals identified under section 5101(2)
(relating to declaration of policy), Commonwealth agencies shall
prioritize the following:
(1) Sources of renewable energy that are located in this
Commonwealth or elsewhere in the Mid-Atlantic region.
(2) Sources of renewable energy that represent
additional renewable generation capacity added to the grid.
(3) Models for local and community ownership of
renewable energy generation, particularly models that bring
direct financial benefits to low-income communities.
(4) Reducing energy consumption through efficiency
measures to the greatest extent practicable.
§ 5104. Renewable Energy Transition Task Force.
(a) Establishment.--The Renewable Energy Transition Task
Force is established to integrate the goal of 100% renewable
energy throughout State government operations. The members of
the task force shall be appointed within 90 days of the
effective date of this section.
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(b) Members.--The task force shall include the following
members:
(1) The secretary or the secretary's designee, who shall
serve as the chairperson of the task force.
(2) A representative from the following Commonwealth
agencies, to be appointed by the chief executive or
administrative officer of each agency:
(i) The Department of Conservation and Natural
Resources.
(ii) The Pennsylvania Public Utility Commission.
(iii) The Department of Education.
(iv) The Department of Human Services.
(v) The Department of Health, Bureau of Health
Promotion and Risk Reduction.
(vi) The Department of Community and Economic
Development.
(vii) The Pennsylvania Workforce Development Board.
(viii) The Department of Transportation.
(ix) The Department of Corrections.
(x) The Department of General Services.
(xi) The Department of State.
(xii) The Governor's Office of Administration.
(xiii) The State Conservation Committee.
(3) A representative designated by each of the
following:
(i) The Attorney General.
(ii) The State Treasurer.
(iii) The Auditor General.
(4) Three members designated by the Secretary of
Education as follows:
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(i) A member to represent the State System of Higher
Education.
(ii) A member to represent community colleges.
(iii) A member to represent public schools.
(c) Duties.--The task force shall:
(1) Identify all existing State laws and regulations and
Commonwealth agency programs with an impact on energy
production and consumption and evaluate the programs based on
the following:
(i) Their potential to support this Commonwealth's
transition to 100% renewable energy.
(ii) Their ability to maximize the environmental and
economic benefits of the transition for residents of this
Commonwealth and businesses, particularly, but not
exclusively, for communities that have been impacted by
pollution from energy sources.
(2) Within one year of the effective date of this
section, determine a date not later than January 1, 2035, by
which the operations of State government will be powered with
100% renewable energy.
(3) Conduct a study assessing the true costs of fossil
fuels and renewable energy, including benefits to and burdens
on:
(i) the grid;
(ii) individuals' health; and
(iii) energy affordability.
(4) Conduct a study assessing the feasibility of
creating a special fund to be used for the purposes of
providing guarantees for pension funds, funding workforce
training and placement programs, catalyzing renewable energy
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industries and supporting worker-owned cooperatives for
workers in the fossil fuel industry and communities adversely
affected by pollution and energy burden. The study shall
identify potential revenue streams and potential models for
implementation.
(5) Identify emerging renewable technologies that may be
used in the transition to renewable energy.
(d) Meetings.--The task force shall meet at least once each
quarter to review progress in modifying State law and
regulations and Commonwealth agency programs to accelerate the
transition to 100% renewable energy. The meetings shall be
subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).
(e) Advisory committee.--The Just Transition Community
Advisory Committee is established within the department to work
in partnership with the task force to ensure accountability and
public participation in the planning and design of this
Commonwealth's energy transition. The members of the advisory
committee shall be appointed by the secretary and shall include
representatives of the following constituencies:
(1) Labor.
(2) Environmental justice.
(3) Consumer advocacy.
(4) Community development corporations that serve
distressed communities.
(5) Community development financial institutions.
(6) Community development entities.
(7) Agricultural communities.
(8) Transportation equity.
(9) Renewable energy industry.
(10) Communities with a majority population of
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historically disadvantaged minorities.
§ 5105. Executive agency duties.
An executive agency shall:
(1) Conduct a review of the laws, regulations and
programs under the executive agency's jurisdiction and submit
a report to the task force describing how the laws,
regulations and programs can be modified to accelerate the
transition to 100% renewable energy.
(2) Consider how modifying the executive agency's
programs to accelerate the transition to 100% renewable
energy can help achieve the executive agency's other
objectives.
(3) Within six months of the effective date of this
section, present a plan to achieve the goal identified under
section 5104(c)(2) (relating to Renewable Energy Transition
Task Force) for the facilities and activities in the
executive agency's jurisdiction. The executive agency shall
report on its progress to the task force and update the plan
annually.
§ 5106. Publication and review.
The secretary shall publish the findings of the task force
under sections 5104(c)(1) (relating to Renewable Energy
Transition Task Force) and 5105 (relating to executive agency
duties) within six months of the formation of the task force.
The secretary and the task force shall review and update the
findings every three years from the date of initial publication.
§ 5107. Renewable Energy Center of Excellence.
(a) Establishment.--The Governor shall establish the
Renewable Energy Center of Excellence at a member institution of
the State System of Higher Education to conduct and sponsor
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research on the following:
(1) Renewable energy and energy efficiency technologies.
(2) Effective practices for renewable energy adoption by
residents, institutions, businesses, executive agencies,
municipal agencies and other entities.
(3) Barriers preventing access to renewable energy,
particularly, but not exclusively, for low-income
communities.
(4) Community outreach models and other tools to
increase the adoption of renewable energy, particularly for
low-income communities.
(b) Advisory committee.--The center shall be advised by a
15-member committee composed of experts with the following areas
of expertise:
(1) Renewable energy, energy efficiency and energy
storage technologies.
(2) Architecture, building engineering and construction.
(3) Transportation.
(4) Affordable housing.
(5) Economic development.
(6) Environmental justice.
(7) Other relevant fields.
§ 5108. Council for Renewable Energy Workforce Development.
(a) Establishment.--The Council for Renewable Energy
Workforce Development is established. The council shall include
the following members:
(1) T he secretary who shall serve as co-chair.
(2) The Secretary of Labor and Industry who shall serve
as co-chair.
(3) Three members designated by the Secretary of
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Education as follows:
(i) A representative of the Department of Education.
(ii) A member to represent the State System of
Higher Education.
(iii) A member to represent the community college
system.
(4) Representatives from the following, to be appointed
by the co-chairs of the council:
(i) Organized labor.
(ii) Renewable energy businesses.
(iii) Occupational training organizations.
(iv) Economic development organizations.
(v) Community development organizations that serve
distressed communities.
(vi) Military and veterans affairs organizations.
(b) Duties of council.--The council shall:
(1) Identify the employment potential of the energy
efficiency and renewable energy industry and the skills and
training needed for workers in those fields.
(2) Recommend policies that promote employment growth
and access to jobs to the Governor and the General Assembly.
(3) Prioritize maximizing employment opportunities for
fossil fuel workers displaced in the transition to renewable
energy.
(4) Establish a target for the number of new renewable
energy jobs that provide wages at a rate equal to or greater
than the prevailing wage rate in the area for the same or
similar type work, to be created in this Commonwealth by 2030
not later than January 1, 2022. The council shall create job
growth targets for each subsequent 10-year period beginning
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in 2030. The job growth targets for each subsequent 10-year
period shall be finalized at least 12 months prior to the
start of the 10-year period.
(5) Establish a target for the number of new renewable
energy jobs to be created for members of the prioritized
category identified in paragraph (3) not later than January
1, 2022, and for each subsequent 10-year period beginning in
2030, which shall be no less than 10% of the total number of
jobs created or 7,500 jobs, whichever is greater. The job
growth targets for each subsequent 10-year period shall be
finalized at least 12 months prior to the start of the 10-
year period.
(6) At least annually, submit a report to the Governor
and the General Assembly recommending changes to existing
State policies and programs to meet the identified job growth
targets.
(7) Meet at least once each quarter to review progress
in expanding renewable energy employment. The meetings shall
be subject to 65 Pa.C.S. Ch. 7 (relating to open meetings).
§ 5109. Study by department.
(a) Study required.--In consultation with the task force and
the center, the department shall conduct a study identifying the
following:
(1) Pathways towards 100% renewable energy for the
building sector.
(2) Policies necessary for all new buildings to be zero
net energy buildings by 2030 and for nonrenewable energy
consumption to be reduced for existing buildings by 50% by
2030.
(b) Considerations.--The study shall consider the following:
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(1) How to expand access to renewable heating and
electricity technologies.
(2) Ways of increasing access to energy efficiency
programs and minimizing costs, particularly, but not
exclusively, for low-income communities.
(3) Energy burden and the impact on tenant housing,
evictions and foreclosures.
(c) Presentation to task force.--The department shall
present the results of the study to the task force not later
than one year from the effective date of this section.
(d) Review.--The department shall review and update the
study every five years, considering technological developments,
demographic changes, the effectiveness of existing programs and
policies and other factors.
§ 5110. Analysis of energy consumption.
(a) Department determination.--The department shall
determine:
(1) The overall quantity of energy consumed Statewide in
the calendar year 2022 across all sectors and the percentage
of energy consumed that came from renewable energy sources,
using the best available data. The determination shall
include an analysis of the percentage of renewable energy
consumed in this Commonwealth that was produced:
(i) in this Commonwealth;
(ii) in adjacent states; and
(iii) in other states, territories or foreign
countries.
(2) For energy consumed in an individual sector or
subsector representing more than 2% of total Statewide energy
consumption:
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(i) The amount of energy consumed in the individual
sector or subsector.
(ii) The types and sources of energy consumed in the
sector or subsector.
(iii) The percentage of energy consumed in the
sector or subsector that was produced from renewable
sources.
(b) Publication.--The department shall publish a similar
analysis of renewable and nonrenewable energy consumption on at
least a triennial basis and for the years 2030, 2040 and 2050.
The analysis shall include the amount, percentage, types and
sources of renewable and nonrenewable energy consumed across all
sectors Statewide and in the individual sectors and subsectors
identified under subsection (a), as well as any additional
sectors or subsectors that have since come to represent at least
2% of total Statewide energy consumption.
§ 5111. Interim limits on energy produced from nonrenewable
sources.
(a) Establishment.--The department shall establish interim
limits for the overall percentage of this Commonwealth's energy
produced from nonrenewable sources as follows:
(1) In 2030, no more than 50% nonrenewable energy.
(2) In 2040, no more than 20% nonrenewable energy.
(b) Individual sectors and subsectors.--The department shall
establish interim limits on nonrenewable energy in the
individual sectors and subsectors identified under section 5110
(relating to analysis of energy consumption). The interim limits
shall maximize the ability of this Commonwealth to achieve 100%
renewable energy by 2050.
(c) Projection.--The department shall determine the
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Statewide emissions level in calendar year 1990 and reasonably
project what the emissions level will be in calendar year 2021
if no measures are imposed to lower emissions other than those
formally adopted and implemented as of July 1, 2018.
(d) Enforcement.--The interim limits on nonrenewable energy
consumption for 2030 and 2040 shall be considered binding caps
and shall be legally enforceable by a resident of this
Commonwealth.
§ 5112. State-owned facilities and land.
(a) Expansion of solar and other renewable energy generation
capacity.--The department, together with the Governor's Office
of Administration and other Commonwealth agencies, shall:
(1) Identify opportunities to expand solar and other
renewable energy generation capacity on State-owned
facilities and land.
(2) Install an additional 100 megawatts of solar and
other clean energy generation capacity on State properties by
December 31, 2022.
(3) Establish a goal for the amount of additional
renewable energy generation capacity installed on State-owned
facilities and lands in each subsequent five-year period
beginning in 2022. The goal for each five-year period shall
be not less than 25 megawatts of renewable energy generation
capacity.
(4) Install enough renewable energy generation capacity
to meet the goals established for each five-year period.
(b) Office of the Budget.--On an annual basis, the Office of
the Budget shall track the initial cost of renewable energy
projects installed under this section including external costs
for utility companies to upgrade transformers for grid capacity
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and the revenue and energy cost savings accruing to Commonwealth
agencies from those projects through net metering credits,
electricity sales, the sale of renewable energy credits, other
Federal or State incentive programs and other sources of revenue
or energy cost savings.
(c) Revenue positive projects.--Annually, the Office of the
Budget shall determine which renewable energy projects have paid
back their initial costs with revenue and energy cost savings.
These projects shall be known as revenue positive projects. Once
this determination has been made, future revenue or energy cost
savings from revenue positive projects shall be credited into
the Clean Energy Workforce Development Fund, which is
established as a special fund in the State Treasury.
(d) Use of fund.--The department and the Department of Labor
and Industry shall direct the use of money in the fund, in
consultation with the council. Money in the fund shall be used
to provide job training, education and job placement assistance
for residents of this Commonwealth to work in the clean energy
and energy efficiency industry. At least 50% of the money in the
fund shall be used on an annual basis for programs and
initiatives that primarily benefit fossil fuel workers displaced
in the transition to renewable energy.
(e) Report.--The department shall submit an annual report to
the Governor, the General Assembly and the council describing
progress toward meeting goals for renewable energy installations
on State properties, the costs and revenue associated with each
project, the amount of revenue generated for the fund and
expenditures from the fund.
(f) Report by Department of Transportation.--
(1) The Department of Transportation shall conduct a
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study identifying pathways towards 100% renewable energy for
the transportation sector and the policies necessary to power
the transportation sector with at least 50% renewable energy
by 2030. The following apply:
(2) The study shall give preference to transportation
options that:
(i) increase access to mass transportation across
all income levels;
(ii) minimize costs, particularly for low-income
communities; and
(iii) maximize access to employment centers.
(3) Without limitations on the Department of
Transportation's evaluation of effective Statewide
transportation options, the study shall consider the
feasibility, cost effectiveness and environmental and
economic benefits of high-speed rail service between major
urban centers in this Commonwealth.
(4) The Department of Transportation shall publish the
findings from the study not later than one year from the
effective date of this section.
(5) The Department of Transportation shall review and
update this study every five years, considering technological
developments, demographic changes, the effectiveness of
existing programs and policies and other factors.
§ 5113. Prevailing wage requirement for energy producing
systems.
(a) Duty to pay.--Except as provided under subsection (b),
an employer or contractor contracted to construct, reconstruct,
demolish, alter or repair an energy producing system with a
capacity greater than 5 megawatts alternating current shall pay
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the prevailing minimum wage rate for each craft or
classification as determined by the Department of Labor and
Industry under the act of August 15, 1961 (P.L.987, No.442),
known as the Pennsylvania Prevailing Wage Act.
(b) Exception.--Subsection (a) shall not apply if a contract
is performed under a pre-hire collective bargaining agreement, a
labor peace agreement, a project labor agreement or other
enforceable agreement between an owner or contractor and a
building and construction trade labor organization.
(c) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Energy producing system." A facility that produces
electricity for wholesale onto the grid.
Section 2. This act shall take effect in 60 days.
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