PRINTER'S NO. 500
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
230
Session of
2023
INTRODUCED BY SANTARSIERO, COMITTA, HAYWOOD, MILLER, HUGHES,
FONTANA, KEARNEY, COSTA AND SCHWANK, MARCH 15, 2023
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 15, 2023
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 definitions and for alternative energy
portfolio standards; providing for solar photovoltaic
technology requirements, for community solar program
standards and for contracts for solar photovoltaic
technologies by Commonwealth agencies; further providing for
portfolio requirements in other states; and making a repeal.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "reporting period" in section 2
of the act of November 30, 2004 (P.L.1672, No.213), known as the
Alternative Energy Portfolio Standards Act, is amended and the
section is amended by adding definitions to read:
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
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* * *
"Community solar bill credit." The number of kilowatt hours
of electricity generated by a community solar facility and
allocated to a subscriber's monthly bill to offset any part of
the subscriber's retail electric bill other than volumetric or
demand-based distribution charges.
"Community solar facility." A facility that meets all of the
following criteria:
(1) Generates electricity by means of a solar
photovoltaic device by which subscribers receive a community
solar bill credit for the electricity generated proportional
to the size of the subscriptions.
(2) Is located within this Commonwealth.
(3) Is connected to and delivers electricity to a
distribution system operated by an electric distribution
company operating in this Commonwealth and in compliance with
the requirements of this act.
(4) Generates electricity by means of a solar
photovoltaic device with a nameplate capacity rating that
does not exceed 5,000 kilowatts of alternating current.
(5) Has at least two subscribers.
(6) If the facility has a nameplate capacity rating
greater than 3,000 kilowatts of alternating current, the
facility has with no single subscriber who subscribes to more
than 50% of the facility capacity in kilowatts or output in
kilowatt hours, except for a master-metered multifamily
residential and commercial building.
(7) If the facility has a nameplate capacity rating
greater than 3,000 kilowatts of alternating current, no less
than 50% of the facility capacity is subscribed by
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subscriptions of 25 kilowatts or less.
(8) Credits some or all of the facility-generated
electricity to the bills of subscribers.
(9) May be located remotely from a subscriber's premises
and may not be required to provide energy to on-site load.
(10) Is connected to existing or new retail electric
distribution customer accounts within the same electric
distribution company's service territory.
(11) Is owned or operated by a community solar
organization.
"Community solar organization." As follows:
(1) An entity that owns or operates a community solar
facility that may not be required to:
(i) be an existing retail electric customer;
(ii) purchase electricity directly from an electric
distribution company; or
(iii) serve electric load independent of the
community solar facility or operate under an account held
by the same individual or legal entity of the subscribers
to the community solar facility.
(2) For the purposes of this definition, a community
solar organization may not be deemed a utility solely as a
result of its ownership or operation of a community solar
facility.
* * *
"Low-income customer." A retail residential end user of an
electric distribution company whose household income does not
exceed 200% of the Federal poverty level, adjusted for family
size, as published periodically in the Federal Register by the
United States Department of Health and Human Services as
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specified under 42 U.S.C. § 9902(2) (relating to definitions).
* * *
["Reporting period." The 12-month period from June 1 through
May 31. A reporting year shall be numbered according to the
calendar year in which it begins and ends.]
"Reporting period" or "reporting year." The 12-month period
from June 1 through May 31. A reporting period or reporting year
shall be numbered according to the calendar year in which it
begins and ends.
* * *
"Subscriber." An electric distribution customer of an
electric distribution company who contracts for a subscription
of a community solar facility interconnected with the customer's
electric distribution company. The term includes an electric
distribution customer who owns a portion of a community solar
facility.
"Subscriber administrator." An entity that recruits and
enrolls subscribers, administers subscriber participation in a
community solar facility and manages the subscription
relationship between subscribers and an electric distribution
company. The term may include a community solar organization.
For the purposes of this definition, a subscriber administrator
may not be considered a utility solely as a result of the
subscriber administrator's operation or ownership of a community
solar facility.
"Subscription." A contract between a subscriber and a
subscriber administrator of a community solar facility that
entitles the subscriber to a community solar bill credit against
the subscriber's retail electric bill.
* * *
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Section 2. Section 3(a)(3)(ii), (b) heading, (1), (2)
introductory paragraph and (xv) and (3), (f)(1), (2), (3) and
(4) and (g) heading and (2) of the act are amended, subsection
(f) is amended by adding paragraphs and the section is amended
by adding a subsection to read:
Section 3. Alternative energy portfolio standards.
(a) General compliance and cost recovery.--
* * *
(3) All costs for:
* * *
(ii) payments for alternative energy credits, in
both cases that are voluntarily acquired by an electric
distribution company during the cost recovery period on
behalf of its customers shall be deferred as a regulatory
asset by the electric distribution company and fully
recovered, with a return on the unamortized balance,
pursuant to an automatic energy adjustment clause under
66 Pa.C.S. § 1307 (relating to sliding scale of rates;
adjustments) as a cost of generation supply under 66
Pa.C.S. § 2807 (relating to duties of electric
distribution companies) in the first year after the
expiration of its cost-recovery period. After the cost-
recovery period, any direct or indirect costs for the
purchase by electric distribution companies of resources
to comply with this section, including, but not limited
to, the purchase of electricity generated from
alternative energy sources, payments for alternative
energy credits, cost of credits banked, payments to any
third party administrators for performance under this act
and costs levied by a regional transmission organization
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to ensure that alternative energy sources are reliable,
shall be recovered on a full and current basis pursuant
to an automatic energy adjustment clause under 66 Pa.C.S.
§ 1307 as a cost of generation supply under 66 Pa.C.S. §
2807.
(b) Tier I and solar photovoltaic shares through the 17th
reporting year.--
(1) Two years after the effective date of this act, at
least 1.5% of the electric energy sold by an electric
distribution company or electric generation supplier to
retail electric customers in this Commonwealth shall be
generated from Tier I alternative energy sources. Except as
provided in this section, the minimum percentage of electric
energy required to be sold to retail electric customers from
alternative energy sources shall increase to 2% three years
after the effective date of this act. The minimum percentage
of electric energy required to be sold to retail electric
customers from alternative energy sources shall increase by
at least 0.5% each year so that at least 8% of the electric
energy sold by an electric distribution company or electric
generation supplier to retail electric customers in that
certificated territory in the [15th] 17th reporting year
after the effective date of this subsection is sold from Tier
I alternative energy resources.
(2) [The] Through the 17th reporting year ending May 31,
2023, the total percentage of the electric energy sold by an
electric distribution company or electric generation supplier
to retail electric customers in this Commonwealth that must
be sold from solar photovoltaic technologies is:
* * *
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(xv) 0.5000% for June 1, 2020, [and thereafter]
through May 31, 2023.
(3) Upon commencement of the beginning of the 6th
reporting year, the commission shall undertake a review of
the compliance by electric distribution companies and
electric generation suppliers with the requirements of this
act. The review shall also include the status of alternative
energy technologies within this Commonwealth and the capacity
to add additional alternative energy resources. [The
commission shall use the results of this review to recommend
to the General Assembly additional compliance goals beyond
year 15.] The commission shall work with the department in
evaluating the future alternative energy resource potential.
(b.1) Tier I and solar photovoltaic shares beginning in the
18th reporting year.--
(1) Each electric distribution company and electric
generation supplier shall purchase, at a minimum, an amount
of Tier I alternative energy credits equal to the percentage
of electric energy required to be sold by an electric
distribution company or electric generation supplier to
retail electric customers from Tier I alternative energy
sources for that reporting year and as provided under this
paragraph. Beginning in the 18th reporting year commencing on
June 1, 2023, the minimum percentage of electric energy
required to be sold by an electric distribution company or
electric generation supplier to retail electric customers in
this Commonwealth from Tier I alternative energy sources for
each reporting year is:
(i) 12.89% for June 1, 2023, through May 31, 2024.
(ii) 15.33% for June 1, 2024, through May 31, 2025.
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(iii) 17.78% for June 1, 2025, through May 31, 2026.
(iv) 20.22% for June 1, 2026, through May 31, 2027.
(v) 22.66% for June 1, 2027, through May 31, 2028.
(vi) 25.11% for June 1, 2028, through May 31, 2029.
(vii) 27.55% for June 1, 2029, through May 31, 2030.
(viii) 30.00% for June 1, 2030, through May 31,
2031.
(2) An electric generation supplier with an existing
written supply contract in effect before the effective date
of this paragraph shall be exempt from purchasing increased
Tier I alternative energy credits under paragraph (1) for the
quantity of load supplied under the existing contract until
the supply contract expires. The limited exemption for the
quantity of load supplied under an existing contract shall
not lead to a reallocation of exempt load requirements to any
other electric generation supplier.
(3) The following shall apply:
(i) Beginning in the 18th reporting year commencing
on June 1, 2023, the minimum percentage of the electric
energy sold by an electric distribution company or
electric generation supplier to retail electric customers
in this Commonwealth that must be sold from solar
photovoltaic technologies that are owned and operated by
customer-generators is:
(A) 1.00% for June 1, 2023, through May 31,
2024.
(B) 1.26% for June 1, 2024, through May 31,
2025.
(C) 1.59% for June 1, 2025, through May 31,
2026.
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(D) 1.97% for June 1, 2026, through May 31,
2027.
(E) 2.38% for June 1, 2027, through May 31,
2028.
(F) 2.83% for June 1, 2028, through May 31,
2029.
(G) 3.36% for June 1, 2029, through May 31,
2030.
(H) 4.00% for June 1, 2030, through May 31,
2031.
(ii) For the purposes of the requirements under
subparagraph (i), solar photovoltaic technologies that
are owned and operated by customer-generators shall
include any of the following:
(A) Solar photovoltaic technologies that were
certified before or on May 31, 2023, under subsection
(b)(2) and qualify to generate solar alternative
energy credits in accordance with section 3.1.
(B) Solar photovoltaic technologies that qualify
as customer-generators certified under subsection (b)
(2).
(4) Beginning in the 18th reporting year commencing on
June 1, 2023, and each reporting year thereafter, a solar
photovoltaic system that is certified on or before May 31,
2023 and meets the requirements under section 3.1 shall be
included in the percentage of the required solar photovoltaic
energy systems owned and operated by customer-generators
under paragraph (3).
(5) A solar photovoltaic energy system owned and
operated by a customer-generator in accordance with paragraph
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(4) shall remain eligible to receive solar alternative energy
credits for no more than 15 years beginning on June 1, 2023,
or 15 years beginning on the date of the solar photovoltaic
energy system's certification if the certification occurs
after June 1, 2023. Upon expiration of the 15-year period
specified under this paragraph, the solar photovoltaic energy
system shall be eligible for alternative energy credits
provided for Tier I alternative energy sources under
paragraph (1).
(6) Beginning in the 18th reporting year commencing on
June 1, 2023, the minimum percentage of the electric energy
sold by an electric distribution company or electric
generation supplier to retail electric customers in this
Commonwealth that must be sold from solar photovoltaic
technologies that are owned and operated by community solar
organizations is:
(i) 0.00% for June 1, 2023, through May 31, 2024.
(ii) 0.35% for June 1, 2024, through May 31, 2025.
(iii) 0.95% for June 1, 2025, through May 31, 2026.
(iv) 1.55% for June 1, 2026, through May 31, 2027.
(v) 1.70% for June 1, 2027, through May 31, 2028.
(vi) 1.80% for June 1, 2028, through May 31, 2029.
(vii) 1.90% for June 1, 2029, through May 31, 2030.
(viii) 2.00% for June 1, 2030, through May 31, 2031.
(7) A community solar facility owned and operated by a
community solar organization in accordance with paragraph (6)
shall remain eligible to receive solar alternative energy
credits for no more than 15 years beginning on June 1, 2023.
Upon expiration of the 15-year period specified under this
paragraph, the community solar facility shall be eligible for
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alternative energy credits provided for Tier I alternative
energy sources under paragraph (1).
(8) Beginning in the 18th reporting year commencing on
June 1, 2023, the minimum percentage of the electric energy
sold by an electric distribution company or electric
generation supplier to retail electric customers in this
Commonwealth that must be sold from solar photovoltaic
technologies from non-customer-generators and noncommunity
solar facilities is:
(i) 1.50% for June 1, 2023, through May 31, 2024.
(ii) 1.98% for June 1, 2024, through May 31, 2025.
(iii) 2.62% for June 1, 2025, through May 31, 2026.
(iv) 3.42% for June 1, 2026, through May 31, 2027.
(v) 4.27% for June 1, 2027, through May 31, 2028.
(vi) 5.27% for June 1, 2028, through May 31, 2029.
(vii) 6.49% for June 1, 2029, through May 31, 2030.
(viii) 8.00% for June 1, 2030, through May 31, 2031.
(9) No later than one year after the effective date of
this paragraph, the commission shall establish regulations to
ensure diversification across all customer-generators under
paragraph (3), including solar photovoltaic systems that are
interconnected at residential or commercial locations or
customer-generators whose systems are for virtual meter
aggregation.
(10) This subsection shall not apply to
the certification of a solar photovoltaic energy system with
a contract for the sale and purchase of alternative energy
credits derived from solar photovoltaic energy sources
entered into before or on May 31, 2023, if the system meets
the requirements under section 3.1.
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(11) This subsection shall apply to a contract for the
sale and purchase of alternative energy credits derived from
solar photovoltaic energy sources entered into or renewed for
reporting years commencing after May 31, 2023.
* * *
(f) Alternative compliance payment.--
(1) At the end of each program reporting year, the
program administrator shall provide a report to the
commission and to each covered electric distribution company
showing their status level of alternative energy acquisition.
(2) The commission shall conduct a review of each
determination made under subsections (b), (b.1) and (c). If,
after notice and hearing, the commission determines that an
electric distribution company or electric generation supplier
has failed to comply with subsections (b), (b.1) and (c), the
commission shall impose an alternative compliance payment on
that electric distribution company or electric generation
supplier.
(3) [The] Through May 31, 2023, the alternative
compliance payment, with the exception of the solar
photovoltaic share compliance requirement set forth in
subsection (b)(2), shall be $45 times the number of
additional alternative energy credits needed in order to
comply with subsection (b) or (c).
(4) [The] Through May 31, 2023, the alternative
compliance payment for the solar photovoltaic share required
under subsection (b)(2) shall be 200% of the average market
value of solar [renewable] alternative energy credits sold
during the reporting period within the service region of the
regional transmission organization, including, where
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applicable, the levelized up-front rebates received by
sellers of solar [renewable] alternative energy credits in
other jurisdictions in the PJM Interconnection, L.L.C.
transmission organization (PJM) or its successor.
(4.1) Beginning June 1, 2023, the alternative compliance
payment, with the exceptions of the customer-generator solar
photovoltaic share compliance requirement specified under
subsection (b.1)(3) and the community solar facilities share
compliance requirement specified under subsection (b.1)(6),
shall be $25 multiplied by the number of additional
alternative energy credits needed in order to comply with
subsection (b.1) or (c).
(4.2) Beginning June 1, 2023, the alternative compliance
payment for the customer-generator solar photovoltaic share
compliance requirement specified under subsection (b.1)(3)
shall be $75 multiplied by the number of additional
alternative energy credits needed in order to comply with
subsection (b.1).
(4.3) Beginning with the reporting year commencing on
June 1, 2032, and each reporting year thereafter, the
alternative compliance payment required for solar
photovoltaic energy systems under subsection (b.1)(3) shall
decrease by $5 from the previous reporting year until the
alternative compliance payment is $45.
(4.4) Beginning June 1, 2023, the alternative compliance
payment for the community solar facilities share compliance
requirement specified under subsection (b.1)(6) shall be $45
multiplied by the number of additional alternative energy
credits needed in order to comply with subsection (b.1).
(4.5) Beginning with the reporting year commencing on
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June 1, 2032, and each reporting year thereafter, the
alternative compliance payment required for solar
photovoltaic energy systems under subsection (b.1)(6) shall
decrease by $5 from the previous reporting year until the
alternative compliance payment is $25.
* * *
(g) Transfer [to sustainable development funds] of
alternative compliance payments.--
* * *
(2) The alternative compliance payments shall be
utilized solely for [projects] any of the following:
(i) Projects that will increase the amount of
electric energy generated from alternative energy
resources for purposes of compliance with subsections (b)
and [(c)] (b.1).
(ii) Workforce development programs to train workers
in alternative energy industries.
* * *
Section 3. The act is amended by adding sections to read:
Section 3.1. Solar photovoltaic technology requirements.
(a) System requirements.--Notwithstanding the provisions
section 4, in order to qualify as an alternative energy source
eligible to meet the solar photovoltaic share of the compliance
requirements under section 3, a solar photovo ltaic system shall
any of the following:
(1) Directly deliver the electricity that the solar
photovoltaic system generates to a retail customer of an
electric distribution company or to the distribution system
operated by an electric distribution company operating in
this Commonwealth and currently obligated to meet the
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compliance requirements specified under section 3.
(2) Directly connect to the electric system of an
electric cooperative or municipal electric system operating
in this Commonwealth.
(3) Directly connect to the electric transmission system
at a location within the service territory of an electric
distribution company operating in this Commonwealth.
(b) Construction.--
(1) Nothing under this section or section 4 shall be
construed to affect any of the following:
(i) A certification originating in this Commonwealth
and granted before the effective date of this section of
a solar photovoltaic energy generator as a qualifying
alternative energy source eligible to meet the solar
photovoltaic share of this Commonwealth's alternative
energy portfolio compliance requirements under section 3.
(ii) A certification of a solar photovoltaic system
with a binding written contract for the sale and purchase
of alternative energy credits derived from solar
photovoltaic energy sources entered into before October
30, 2017.
(2) This section shall apply to contracts entered into
or renewed on or after October 30, 2017.
Section 3.2. Community solar program standards.
(a) Community solar facilities, electric distribution
companies and subscriber administrators.--
(1) A community solar facility may be developed, built,
owned or operated by a third party under contract with a
community solar organization or subscriber administrator.
(2) A community solar organization may serve as a
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subscriber administrator or may contract with a third party
to serve as a subscriber administrator on behalf of the
community solar organization.
(3) A subscriber to a community solar facility shall
receive a monetary community solar bill credit for every
kilowatt hour produced by the subscriber's subscription,
which may be used to offset any part of the subscriber's
electric bill. The following shall apply:
(i) Subscription costs for a subscriber may not
exceed the value of the community solar bill credit and
may not include upfront or sign-on fees. Subscription
costs shall be nonbasic utility charges.
(ii) The terms and conditions of receiving the
community solar bill credit may not limit or inhibit
participation of a subscriber from any rate class.
(4) An electric distribution company shall allow for the
transferability and portability of subscriptions, including
allowing a subscriber to retain a subscription to a community
solar facility if the subscriber relocates within the same
electric distribution company territory.
(5) A subscriber administrator shall be allowed to
update the administrator's list of subscribers and the
subscribers' relevant information in a standardized
electronic format approved by the commission on at least a
monthly basis.
(b) Customer protections.--
(1) A community solar organization or subscriber
administrator shall be subject to the customer protection
provisions under 66 Pa.C.S. Chs. 14 (relating to responsible
utility customer protection) and 15 (relating to service and
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facilities) and 52 Pa. Code Ch. 56 (relating to standards and
billing practices for residential public utility service).
The commission shall promulgate regulations that provide for
the protection of customers who have subscriptions with a
community solar organization or subscriber administrator.
(2) The commission shall develop a standardized customer
disclosure form that identifies key information required to
be provided by a subscriber administrator to a potential
subscriber, including the future costs and benefits of a
subscription and a subscriber's rights and obligations
pertaining to the subscription.
(c) Classification.--A community solar organization,
subscriber or third party owning or operating a community solar
facility shall not be considered an electric distribution
company or an electric generation provider solely as a result of
involvement with a community solar facility.
(d) Duties of electric distribution companies.--
(1) On a monthly basis, an electric distribution company
shall provide to a community solar organization and
subscriber administrator a report in a standardized
electronic format indicating the total value of the community
solar bill credit generated by the community solar facility
in the prior month, the calculation used to arrive at the
value and the amount of the community solar bill credit
applied to each subscriber.
(2) An electric distribution company shall provide a
community solar bill credit to a subscriber's next monthly
electric bill for the proportional output of a community
solar facility attributable to the subscriber. Excess credits
on a subscriber's bill shall roll over from month to month
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indefinitely. Excess credits shall be automatically applied
to the final electric bill when a subscription is terminated
for any cause.
(3) If requested by a community solar organization, an
electric distribution company shall enter into a net
crediting agreement with the community solar organization to
include a subscriber's subscription fee on the monthly bill
and provide the customer with a net credit equivalent to the
total community solar bill credit value for that generation
period minus the subscription fee if the subscription fee is
structured as a fixed percentage of the community solar bill
credit value. The net crediting agreement shall specify the
payment terms from the electric distribution company to the
community solar organization. The electric distribution
company may charge a net crediting fee to the community solar
organization that may not exceed 1% of the community solar
bill credit value. The electric distribution company shall
remain responsible for billing all basic electric services,
including transmission, distribution and generation charges,
in accordance with 66 Pa.C.S. (relating to public utilities)
and the commission's regulations. The electric distribution
company shall also maintain, at a minimum, the customer
services existing prior to implementation of the community
solar organization in accordance with 66 Pa.C.S. and the
commission's regulations.
(4) An electric distribution company may not charge a
community solar facility, community solar organization or
subscriber to a community solar facility a fee or other type
of charge unless the fee or charge would apply to any other
customer that is not a community solar facility, community
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solar organization or subscriber to a community solar
facility. The electric distribution company may not require
additional equipment or insurance or impose any other
requirement unless the additional equipment, insurance or
other requirement is specifically authorized by order of the
commission.
(e) Electric distribution company cost recovery and
compensation.--
(1) A community solar organization shall compensate an
electric distribution company for the electric distribution
company's reasonable costs of interconnection of a community
solar facility.
(2) An electric distribution company shall be entitled
to recover reasonable costs, subject to approval by the
commission, to administer a community solar program within
the electric distribution company's service territory.
(3) An electric distribution company shall, subject to
approval by the commission, be entitled to recover any
additional costs from the community solar bill credits under
subsection (a)(3) after using the energy, capacity and
avoided distribution and transmission value provided by a
community solar facility to offset the purchase requirements
in the PJM Interconnection, L.L.C. regional transmission
organization (PJM) or its successor.
(f) Interconnection standards for community solar
facilities.--
(1) Upon the effective date of this subsection, the
following shall apply:
(i) An electric distribution company shall
immediately accept interconnection applications from
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community solar facilities and study the impact of
interconnecting the community solar facilities to the
grid using the current commission-approved
interconnection rules and tariffs and in accordance with
best practices.
(ii) An interconnection application for a community
solar facility shall include proof of site control for
the purpose of the study under subparagraph (i).
(2) No later 90 days from the effective date of this
paragraph, the commission shall establish an interconnection
working group between electric distribution companies and
stakeholders with oversight from commission staff. The
interconnection working group shall review, edit, create or
eliminate any policies, processes, tariffs, rules or
standards relating to the interconnection of community solar
facilities with the goal of transparency, accuracy and
efficiency to implement the purposes of this section. No
later than 240 days from the effective date of this
paragraph, the interconnection working group shall submit a
report to the commission with recommended changes. The
commission shall promulgate regulations necessary to
implement the recommended changes.
(3) The commission may impose an administrative fee on
an initial interconnection application for a community solar
facility. The commission may use up to 5% of the money
generated from the administrative fee for administrative
expenses directly associated with this section.
(g) Customer participation in programs.--
(1) No later than 365 days after the effective date of
this paragraph, the commission shall establish regulations to
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enable participation in community solar programs by each
customer class and economic group. The commission may
establish the regulations through a special rules process if
necessary to meet the requirements under this section. The
regulations shall meet all of the following criteria:
(i) Be based on consideration of formal and informal
input from all stakeholders.
(ii) Establish requirements that ensure access to
community solar programs and equitable opportunities for
participation for residential and small commercial
customer classes.
(2) The commission, in collaboration with the Office of
Consumer Advocate, electric distribution companies, community
solar organizations and low-income stakeholders may, by
regulation, adopt mechanisms to ensure participation in
community solar programs by low-income customers.
(3) No later than five years after the effective date of
this paragraph, the commission shall submit a report to the
General Assembly detailing the participation in community
solar programs by each customer class and economic group,
including the participation by low-income customers.
Section 3.3. Contracts for solar photovoltaic technologies by
Commonwealth agencies.
(a) Public works.--Except as provided under subsection (b),
a Commonwealth agency shall require that a contract for the
construction, reconstruction, alteration, repair, improvement or
maintenance of public works contain a provision that, if any
solar photovoltaic technologies are to be used or supplied in
the performance of the contract, only solar photovoltaic
technologies manufactured in the United States shall be used or
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supplied in the performance of the contract or any subcontracts
under the contract.
(b) Exception.--The requirement under subsection (a) shall
not apply if the head of the Commonwealth agency, in writing,
determines that the solar photovoltaic technologies are not
manufactured in the United States in sufficient quantities to
meet the requirements of the contract.
(c) Required wages and employee benefits.--No less than the
prevailing minimum wages and employee benefits applicable to a
public works project under of the act of August 15, 1961
(P.L.987, No.442), known as the Pennsylvania Prevailing Wage
Act, shall be paid to each workman employed on an eligible
project.
(d) Definitions.--As used in this section, the terms "public
work" and "workman" shall be as defined in section 2(5) and (7)
of the Pennsylvania Prevailing Wage Act.
Section 4. Section 4 of the act is amended to read:
Section 4. Portfolio requirements in other states.
If an electric distribution [supplier] company or electric
generation [company] supplier provider sells electricity in any
other state and is subject to [renewable] alternative energy
portfolio requirements in that state, they shall list any such
requirement and shall indicate how it satisfied those
[renewable] alternative energy portfolio requirements. To
prevent double-counting, the electric distribution [supplier]
company or electric generation [company] supplier shall not
satisfy Pennsylvania's alternative energy portfolio requirements
using alternative energy used to satisfy another state's
portfolio requirements or alternative energy credits already
purchased by individuals, businesses or government bodies that
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do not have a compliance obligation under this act unless the
individual, business or government body sells those credits to
the electric distribution company or electric generation
supplier. Energy derived from alternative energy sources inside
the geographical boundaries of this Commonwealth shall be
eligible to meet the compliance requirements under this act.
Energy derived from alternative energy sources located outside
the geographical boundaries of this Commonwealth but within the
service territory of a regional transmission organization that
manages the transmission system in any part of this Commonwealth
shall only be eligible to meet the compliance requirements of
electric distribution companies or electric generation suppliers
located within the service territory of the same regional
transmission organization. For purposes of compliance with this
act, alternative energy sources located in the PJM
Interconnection, L.L.C. regional transmission organization (PJM)
or its successor service territory shall be eligible to fulfill
compliance obligations of all Pennsylvania electric distribution
companies and electric generation suppliers. Energy derived from
alternative energy sources located outside the service territory
of a regional transmission organization that manages the
transmission system in any part of this Commonwealth shall not
be eligible to meet the compliance requirements of this act.
Electric distribution companies and electric generation
suppliers shall document that this energy was not used to
satisfy another state's [renewable] alternative energy portfolio
standards.
Section 5. Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate the addition of
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section 3.1 of the act.
(2) Section 2804 of the act of April 9, 1929 (P.L.177,
No.175), known as The Administrative Code of 1929, is
repealed.
Section 6. This act shall take effect in 60 days.
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