PRIOR PRINTER'S NO. 1660
PRINTER'S NO. 2174
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1474
Session of
2023
INTRODUCED BY CIRESI, HILL-EVANS, MADDEN, PIELLI, BRENNAN,
SANCHEZ, BOROWSKI, GUENST, NEILSON, SCOTT, CEPEDA-FREYTIZ,
CONKLIN, GREEN, INNAMORATO, OTTEN, CERRATO, SALISBURY,
WEBSTER AND TAKAC, JUNE 21, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 18, 2023
AN ACT
Amending Title 12 (Commerce and Trade) of the Pennsylvania
Consolidated Statutes, in Property Assessed Clean Energy
Program, further providing for purpose and, for definitions.
AND FOR SCOPE OF WORK AND PROVIDING FOR MADE IN AMERICA
REQUIREMENTS.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4301 of Title 12 of the Pennsylvania
Consolidated Statutes, amended July 7, 2022 (P.L.470, No.43), is
amended to read:
§ 4301. Purpose.
This chapter authorizes the establishment of a property
assessed clean energy program in the Commonwealth to ensure that
owners of agricultural, commercial and industrial properties can
obtain low-cost, long-term financing for energy efficiency,
electric vehicle charging infrastructure, indoor air quality,
resiliency improvement, water conservation and renewable energy
projects.
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Section 2. The definition of "qualified project" in section
4302 of Title 12, amended July 7, 2022 (P.L.470, No.43), is
amended and the section is amended by adding a definition to
read:
§ 4302. 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:
* * *
"Electric vehicle charging infrastructure project." The
addition of a facility or equipment that is used to charge a
battery or other energy storage device of a vehicle that is
fully or partially powered by electricity.
* * *
"Qualified project." The installation or modification of a
permanent improvement fixed to a qualifying commercial property
that is a clean energy project, electric vehicle charging
infrastructure project, resiliency improvement project, indoor
air quality project, water conservation project or alternative
energy system and the installation is performed by a qualified
party in a district. The term includes installation of
alternative energy-generating equipment affixed to the land or
building.
* * *
SECTION 3. SECTION 4305 OF TITLE 12 IS AMENDED BY ADDING A
SUBSECTION TO READ:
§ 4305. SCOPE OF WORK.
* * *
(C) NOTIFICATION FOR ALTERNATIVE FUELS TAX.--
(1) A MUNICIPALITY OR COUNTY THAT APPROVES AN ELECTRIC
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VEHICLE CHARGING INFRASTRUCTURE PROJECT UNDER A PROGRAM SHALL
SEND A NOTICE TO THE DEPARTMENT OF REVENUE UPON COMPLETION OF
THE PROJECT.
(2) THE NOTICE REQUIRED UNDER PARAGRAPH (1) SHALL
INCLUDE A DESCRIPTION OF THE ELECTRIC VEHICLE CHARGING
INFRASTRUCTURE PROJECT, THE DATE OF COMPLETION OF THE
ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT AND CONTACT
INFORMATION FOR THE COMMERCIAL PROPERTY OWNER.
(3) UPON RECEIPT OF THE NOTICE REQUIRED UNDER PARAGRAPH
(1), THE DEPARTMENT OF REVENUE SHALL ENSURE THAT ANY TAX
AMOUNT REQUIRED TO BE PAID TO THE DEPARTMENT OF REVENUE UNDER
75 PA.C.S. § 9004(D) (RELATING TO IMPOSITION OF TAX,
EXEMPTIONS AND DEDUCTIONS) IS COLLECTED FOR THE CHARGING OF
ELECTRIC VEHICLES USING FACILITIES OR EQUIPMENT COMPLETED
UNDER THE ELECTRIC VEHICLE CHARGING INFRASTRUCTURE PROJECT.
SECTION 4. TITLE 12 IS AMENDED BY ADDING A SECTION TO READ:
§ 4305.1. MADE IN AMERICA REQUIREMENTS.
(A) REQUIREMENT.--ELIGIBILITY OF AN ELECTRIC VEHICLE
CHARGING INFRASTRUCTURE PROJECT APPLIED FOR UNDER THIS CHAPTER
SHALL BE CONTINGENT UPON THE EQUIPMENT BEING PRODUCED OR
MANUFACTURED IN THE UNITED STATES. FOR THE PURPOSE OF THIS
SECTION, EQUIPMENT SHALL BE CONSIDERED PRODUCED OR MANUFACTURED
IN THE UNITED STATES IF AT LEAST 75% OF THE ARTICLES, MATERIALS
AND SUPPLIES ARE PRODUCED OR MANUFACTURED IN THE UNITED STATES
TO THE EXTENT AVAILABLE.
(B) FEDERAL COMPLIANCE.--IF THE EQUIPMENT REQUIRED UNDER
SUBSECTION (A) IS NOT AVAILABLE, THE REQUIREMENT SHALL BE
CONSIDERED MET IF THE PROJECT IS IN COMPLIANCE WITH:
(1) THE NOTICE FROM THE FEDERAL HIGHWAY ADMINISTRATION
PUBLISHED IN THE FEDERAL REGISTER ON FEBRUARY 21, 2023; OR
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(2) 41 U.S.C. CH. 83 (RELATING TO BUY AMERICAN).
Section 3 5. This act shall take effect in 60 days.
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