PRINTER'S NO. 1162

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 991 Session of 1977


        INTRODUCED BY PRATT, MILANOVICH, COWELL, WANSACZ, DOMBROWSKI,
           McGINNIS, CIMINI, DAVIES, REED AND MILLIRON, APRIL 27, 1977

        REFERRED TO COMMITTEE ON MINES AND ENERGY MANAGEMENT,
           APRIL 27, 1977

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, adding provisions relating to energy
     3     facility siting and making appropriations.

     4                         TABLE OF CONTENTS
     5                              TITLE 66
     6                          PUBLIC UTILITIES
     7  Chapter 51.  Energy Facility Siting
     8     Subchapter A.  General Provisions
     9  § 5101.  Declaration of policy.
    10  § 5102.  Definitions.
    11  § 5103.  Energy Facility Siting Interagency Commission.
    12  § 5104.  Powers and duties of commission.
    13     Subchapter B.  Siting Procedures
    14  § 5111.  Long-range planning.
    15  § 5112.  Certification of bulk power facilities.
    16  § 5113.  Authority of other government agencies.
    17  § 5114.  Interagency cooperation.
    18  § 5115.  Judicial review.

     1  § 5116.  Actions to enjoin violations.
     2     Subchapter C.  Payments to Political Subdivisions
     3  § 5121.  Reimbursement of costs.
     4  § 5122.  Annual distributions to reduce tax burden.
     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Part II of Title 66, act of November 25, 1970
     8  (P.L.707, No.230), known as the Pennsylvania Consolidated
     9  Statutes, is amended by adding a chapter to read:
    10                             CHAPTER 51
    11                       ENERGY FACILITY SITING
    12  Subchapter
    13     A.  General Provisions
    14     B.  Siting Procedures
    15     C.  Payments to Political Subdivisions
    16                            SUBCHAPTER A
    17                         GENERAL PROVISIONS
    18  Sec.
    19  5101.  Declaration of policy.
    20  5102.  Definitions.
    21  5103.  Energy Facility Siting Interagency Commission.
    22  5104.  Powers and duties of commission.
    23  § 5101.  Declaration of policy.
    24     The General Assembly hereby finds and declares that the
    25  public interest in the environment, commerce within this
    26  Commonwealth, economic well-being of the citizens, public health
    27  and welfare, public and private investors in utility facilities,
    28  consumers of energy and interstate cooperation require that:
    29         (1)  Bulk power facilities adequate to the need of this
    30     Commonwealth for a reliable, sufficient and economical energy
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     1     supply be constructed and operated on a timely basis and in a
     2     manner consonant with the preservation of important
     3     environmental values and comprehensive use of the air, land,
     4     water and energy resources of this Commonwealth.
     5         (2)  In order to avoid unnecessary delays in the
     6     construction and operation of needed bulk power facilities
     7     and to provide for full and timely analysis of the
     8     environmental consequences at the earliest possible
     9     opportunity, each utility operating in this Commonwealth be
    10     required to engage in adequate long-range planning with
    11     public availability of the plans for review and comment.
    12         (3)  The siting of major power plants and high-voltage
    13     electric transmission lines be treated as a significant
    14     aspect of land use planning in this Commonwealth, in which
    15     all environmental, economic and technical issues with respect
    16     to a proposed bulk power facility should be resolved in an
    17     integrated fashion.
    18         (4)  Reviews by Commonwealth agencies and political
    19     subdivisions of proposed bulk power facilities be
    20     consolidated and coordinated to eliminate redundant
    21     evaluation procedures so as to provide a one-stop clearance
    22     mechanism coordinated in time and place and, insofar as
    23     possible, with necessary reviews by the Federal Government.
    24         (5)  Construction and operation of needed bulk power
    25     facilities and full environmental review of all such proposed
    26     facilities be expedited through the establishment of
    27     preconstruction review and certification procedures under the
    28     authority of a Commonwealth agency with expertise to
    29     accommodate both matters of power production and matters of
    30     environmental protection.
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     1         (6)  The mechanism established facilitates the
     2     participation and cooperation of public and private interests
     3     in neighboring states in the preconstruction review and
     4     certification procedures of facilities affecting those
     5     states.
     6  § 5102.  Definitions.
     7     The following words and phrases when used in this chapter
     8  shall have, unless the context clearly indicates otherwise, the
     9  meanings given to them in this section:
    10     "Bulk power facility."
    11         (1)  Energy generating and conversion equipment and
    12     associated real and personal property designed for, or
    13     capable of, any of the following:
    14             (i)  Generation at a capacity of 100,000 kilowatts or
    15         more.
    16             (ii)  Producing 100 million cubic feet of synthetic
    17         gas per day.
    18             (iii)  Producing 50,000 barrels of liquid hydrocarbon
    19         products per day by any extraction process.
    20         (2)  Electric transmission lines and associated property
    21     designed for, or capable of, operation at a nominal voltage
    22     of 100 kilovolts or more, between phase conductors for
    23     alternating current or between poles for direct current.
    24         (3)  Sizable additions to existing energy generating and
    25     conversion facilities as determined by the commission in
    26     accordance with the capacities specified in paragraph (1) or
    27     (2).
    28     "Certificate."  A certificate of public need and
    29  environmental compatibility issued by the commission.
    30     "Commission."  The Energy Facility Siting Interagency
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     1  Commission of the Commonwealth.
     2     "Construction."
     3         (1)  Any disturbance or clearing of the land, erection
     4     thereon of any structure, or other substantial action that
     5     would affect the natural environment of the site or route.
     6         (2)  The term "construction" does not include:
     7             (i)  Preconstruction surveying, monitoring or testing
     8         (including borings) to determine foundation conditions or
     9         to establish background information related to the
    10         suitability of the site or to the protection of
    11         environmental values.
    12             (ii)  Changes desirable for the temporary use of the
    13         land for public recreational uses.
    14     "Utility."  Any person, corporation, political subdivision or
    15  other entity which owns or operates a bulk power facility within
    16  this Commonwealth, or which intends to construct such a
    17  facility, however organized, whether investor owned, publicly
    18  owned or cooperatively owned and whether or not subject to the
    19  jurisdiction of the Pennsylvania Public Utility Commission.
    20  § 5103.  Energy Facility Siting Interagency Commission.
    21     (a)  Establishment and composition.--There is hereby
    22  established as an independent Commonwealth agency an interagency
    23  commission known as the Energy Facility Siting Interagency
    24  Commission which shall consist of the following:
    25         Secretary of Agriculture
    26         Secretary of Commerce
    27         Secretary of Community Affairs
    28         Secretary of Environmental Resources
    29         Secretary of Labor and Industry
    30         Secretary of Transportation
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     1         Chairman of the Public Utility Commission
     2         Four citizens appointed by the Governor with the advice
     3     and consent of the Senate, two of whom shall be elected
     4     municipal government officials.
     5     (b)  Special provisions for citizen members.--No citizen
     6  member of the commission shall have any financial interest in
     7  any utility. Citizen members shall serve a term of four years
     8  and may be reappointed. Every citizen member shall be entitled
     9  to reimbursement for his actual expenses incurred in the
    10  performance of his duties and compensation of $100 for each day
    11  or part thereof in which he participates in the business of the
    12  commission.
    13     (c)  Chairman.--The Governor shall appoint, with the advice
    14  and consent of the Senate, a person who shall serve as the
    15  chairman of the commission without a vote. The compensation of
    16  the chairman shall be determined by the commission after
    17  consultation with the Executive Board.
    18     (d)  Staff.--The commission shall employ such employees and
    19  advisors as shall be required to administer the provisions of
    20  this chapter.
    21  § 5104.  Powers and duties of commission.
    22     The commission shall have the power and its duty shall be to:
    23         (1)  Review and compile the long-range bulk power
    24     facilities reports filed under this chapter and make the
    25     information contained in the reports readily available to the
    26     public and interested government agencies.
    27         (2)  Compile and publish each year a description of the
    28     type and general location of each proposed bulk power
    29     facility as contained in the long-range plans of the
    30     utilities pursuant to this chapter, identifying for each
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     1     location the year when construction is expected to commence
     2     and make such information readily available to the general
     3     public, to each newspaper of daily or weekly circulation
     4     within the area affected by the proposed facility and to
     5     interested government agencies.
     6         (3)  Conduct mandatory public hearings with respect to
     7     any proposed bulk power facility identified five years in
     8     advance of construction and decide whether or not the
     9     facility should be approved for inclusion in the utility's
    10     five-year inventory of sites and lines. The hearings shall be
    11     held promptly after the locations are first identified and
    12     the decisions shall be based upon the principles set forth in
    13     this chapter.
    14         (4)  Conduct public hearings prior to the issuance of any
    15     certificate for an energy generating or conversion plant as
    16     near as feasible to the proposed site within one year from
    17     the submission of an application for a certificate and
    18     conduct at least one public hearing for transmission lines as
    19     near as possible to the proposed transmission line. The
    20     commission shall hold as many additional hearings along the
    21     proposed route of the transmission line as may be necessary
    22     to give the public an adequate opportunity to be heard.
    23         (5)  Require such information from utilities as the
    24     commission deems necessary to accompany applications for
    25     certificates and require the utilities to assist in the
    26     conduct of hearings and any investigations or studies which
    27     the commission may undertake.
    28         (6)  Conduct such inspections, surveys, monitoring or
    29     testing, with or without notice to the utility, as it deems
    30     necessary or appropriate to carry out the purposes of this
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     1     chapter.
     2         (7)  Approve, with or without conditions, or disapprove
     3     applications for certification filed under section 5112
     4     (relating to certification of bulk power facilities) within
     5     two years of receipt of the application.
     6         (8)  Adopt such rules and regulations as are necessary to
     7     implement this chapter.
     8                            SUBCHAPTER B
     9                         SITING PROCEDURES
    10  Sec.
    11  5111.  Long-range planning.
    12  5112.  Certification of bulk power facilities.
    13  5113.  Authority of other government agencies.
    14  5114.  Interagency cooperation.
    15  5115.  Judicial review.
    16  5116.  Actions to enjoin violations.
    17  § 5111.  Long-range planning.
    18     The commission shall prepare and maintain a comprehensive,
    19  integrated bulk power facilities plan for this Commonwealth.
    20  Every utility shall prepare and submit annually to the
    21  commission a long-range bulk power facilities report. The report
    22  shall contain a ten-year forecast of loads, resources and
    23  prospective sites and shall describe the bulk power facilities
    24  which will be required to supply system demands during the
    25  forecast period. The report shall cover the ten-year period next
    26  succeeding the date of the report and shall be in such form as
    27  may be prescribed by the commission. Each utility shall provide
    28  in its report the following information:
    29         (1)  A description of the general location, size and type
    30     of all bulk power facilities to be constructed within this
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     1     Commonwealth during the ensuing ten years by the utility.
     2         (2)  An identification, description and location of all
     3     existing bulk power facilities within this Commonwealth to be
     4     removed from service upon the completion of the projects
     5     described or within the time period provided in this chapter.
     6         (3)  Identification of the location of tentative sites
     7     within this Commonwealth upon which construction of a bulk
     8     power facility is scheduled to commence within the ensuing
     9     five-year period. For each tentative site identified, the
    10     utility shall describe the type and size of bulk power
    11     facility to be constructed, analyze anticipated impact of the
    12     facility on the environment and public safety and health and
    13     set forth the plan of the utility for avoiding or minimizing
    14     any adverse effects on the environment and public safety and
    15     health including, but not limited to, those caused by waste
    16     products of any kind as well as heated water.
    17         (4)  A description of plan of the utility to coordinate
    18     its bulk power facility plans with those of other utilities
    19     so as to provide an integrated regional and Commonwealth plan
    20     for meeting the energy needs of the region and this
    21     Commonwealth.
    22         (5)  A description of its plan to involve Federal,
    23     regional, Commonwealth and local government conservation and
    24     land-use agencies, as well as public conservation and
    25     environmental protection organizations, in their planning so
    26     as to identify and minimize environmental problems at the
    27     earliest possible stage in the planning process.
    28         (6)  A statement of the estimate of demand by the utility
    29     for power in each year of the time period set under this
    30     chapter. This estimate shall also state particularly:
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     1             (i)  That portion of the demand for power which is to
     2         be met by each bulk power facility.
     3             (ii)  That portion of the demand which originates
     4         outside this Commonwealth and that portion which
     5         originates within this Commonwealth.
     6             (iii)  That portion of the power to be produced or
     7         transmitted by any bulk power facility which is to be
     8         allocated to users within this Commonwealth.
     9             (iv)  That portion of the power to be produced or
    10         transmitted by each bulk power facility which will be
    11         allocated to users outside this Commonwealth.
    12         (7)  Such additional information as the commission may
    13     require to implement this chapter.
    14  § 5112.  Certification of bulk power facilities.
    15     (a)  General rule.--A utility shall not commence construction
    16  or begin operation of a bulk power facility without obtaining a
    17  certificate of public need and environmental compatibility from
    18  the commission. The facility shall be constructed, operated and
    19  maintained in accordance with the terms and conditions required
    20  by the commission and set forth in the certificate.
    21     (b)  Application.--Application for a certificate shall be on
    22  such forms and contain such information as required by the
    23  commission, including statements that either the necessary
    24  requirements have been met and approvals or consents have been
    25  obtained or that the facility complies with the standards and
    26  criteria applicable to it, or the reasons why such standards and
    27  criteria should be varied for the site, and shall be filed with
    28  the commission not less than two years prior to commencement of
    29  construction. An application may be amended during the period of
    30  review with the approval of the commission. All bulk power
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     1  facilities, the certification of which is applied for, shall be
     2  planned for construction on sites in the five-year inventory of
     3  sites of the applicant approved by the commission pursuant to
     4  this chapter unless for good cause shown the commission waives
     5  this requirement.
     6     (c)  Fee.--Each application for a certificate filed shall be
     7  accompanied by a fee of $25,000 which shall be paid into the
     8  General Fund for use in defraying the administrative costs of
     9  the commission.
    10     (d)  Issuance.--No certificate shall be issued until the
    11  commission has determined that:
    12         (1)  The use of the site or routes for which a
    13     certificate is sought is consonant with the protection of the
    14     environment, public safety and health as provided in this
    15     chapter.
    16         (2)  The facility for which a certificate is sought is
    17     necessary to meet the energy needs of this Commonwealth.
    18         (3)  The facility is designed to operate in a safe and
    19     healthful manner.
    20         (4)  The facility is consistent with the long-range
    21     planning objectives of this Commonwealth.
    22         (5)  The facility will have no substantial adverse
    23     environmental effect upon parkland, wildlife protection
    24     reserves and historic areas.
    25         (6)  All practical alternative sites and routes have been
    26     considered.
    27         (7)  The provisions of this chapter have been satisfied
    28     and all requirements met or waived and approvals obtained or
    29     waived by the agency involved or the commission.
    30     (e)  Expiration or extension.--Any certificate granted by the
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     1  commission shall expire if the construction of the facility has
     2  not been commenced within five years of the date of issuance. A
     3  certificate shall be extended, without an additional fee, for
     4  one five-year period upon written request by the utility to the
     5  commission.
     6     (f)  Emergency certification.--Notwithstanding the other
     7  provisions of this chapter, a utility may petition the
     8  commission for an interim or emergency certificate based upon
     9  its showing that the public interest imperatively requires a
    10  prompt decision with respect to the facility. The commission
    11  shall adopt rules and regulations for reviewing such petitions,
    12  giving due consideration to the effect upon the public of
    13  adequate and reliable energy supply and the effect of the lack
    14  of prompt action, or of inconclusive action. The commission
    15  shall make a decision on the petition within 90 days of the date
    16  of filing thereof.
    17     (g)  Existing facilities.--Utilities which have commenced or
    18  completed construction of bulk power facilities which are not in
    19  operation on the effective date of this chapter shall be issued
    20  a certificate, without payment of fee, upon filing with the
    21  commission an application containing the following:
    22         (1)  A description of the location, type of facility and
    23     date operation is scheduled to begin.
    24         (2)  Evidence that all licenses, permits and approvals
    25     required by the Federal, regional, Commonwealth and local
    26     governments for the protection of the environment and public
    27     welfare, safety and health have been obtained.
    28         (3)  A statement of the quantity of power to be produced
    29     or transmitted, the geographic area to be serviced by the
    30     facility and the quantity of power to be generated or
    19770H0991B1162                 - 12 -

     1     transmitted for use within this Commonwealth.
     2  § 5113.  Authority of other government agencies.
     3     No Commonwealth agency or political subdivision may require
     4  any approval, consent, permit, license or other condition for
     5  the construction of a bulk power facility authorized by a
     6  certificate issued pursuant to section 5112 (relating to
     7  certification of bulk power facilities) except that a
     8  Commonwealth agency or political subdivision may object to the
     9  commission to the inclusion of a site in the five-year inventory
    10  or the approval of a certificate if its standards and criteria
    11  are not met.
    12  § 5114.  Interagency cooperation.
    13     The Pennsylvania Public Utility Commission, Department of
    14  Environmental Resources and other Commonwealth agencies are
    15  authorized and required to cooperate with the commission so as
    16  to fully coordinate and effectuate the purposes of this chapter.
    17  All Commonwealth agencies shall make available to the commission
    18  such information, staff expertise and technical assistance as
    19  may be necessary.
    20  § 5115.  Judicial review.
    21     Within 30 days of the grant, denial, revocation or suspension
    22  of a certificate by the commission, any aggrieved party to the
    23  proceeding may appeal the action of the commission to the
    24  Commonwealth Court. The findings of fact on which such decision
    25  is based shall be conclusive if supported by substantial
    26  evidence on the record considered as a whole.
    27  § 5116.  Actions to enjoin violations.
    28     When the commission determines that a utility has begun to
    29  construct, operate or maintain a bulk power facility as provided
    30  in this chapter without having first obtained a certificate, or
    19770H0991B1162                 - 13 -

     1  has begun to construct, operate or maintain a bulk power
     2  facility other than in compliance with the certificate issued to
     3  it, or has caused any of these acts to occur, it shall so notify
     4  the Attorney General who shall bring an action for injunctive
     5  and other appropriate relief on behalf of the Commonwealth.
     6                            SUBCHAPTER C
     7                 PAYMENTS TO POLITICAL SUBDIVISIONS
     8  Sec.
     9  5121.  Reimbursement of costs.
    10  5122.  Annual distributions to reduce tax burden.
    11  § 5121.  Reimbursement of costs.
    12     (a)  Planning costs.--Any political subdivision, referred to
    13  in this subchapter as "local taxing authority," which would be
    14  directly affected by the location of a proposed bulk power
    15  facility owned by a public utility for which certification under
    16  section 5112(a) (relating to certification of bulk power
    17  facilities) is sought shall be eligible for reimbursement for
    18  legal and expert consultant fees, planning costs and other
    19  expenses incurred in determining the impact of the proposed
    20  facility and costs incurred in preparing testimony incident
    21  thereto. The reimbursement shall be in an amount determined by
    22  the commission but shall not exceed 75% of the actual
    23  expenditures of the local taxing authority or $25,000 for any
    24  local taxing authority or $100,000 for any proposed site.
    25     (b)  Impact costs.--Each local taxing authority which is
    26  directly affected by the location of a bulk power facility owned
    27  by a public utility certified pursuant to the provisions of
    28  section 5112 shall be eligible for reimbursement for the actual
    29  costs or portion thereof incurred or to be incurred by the local
    30  taxing authority on account of expenditures directly related to
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     1  the construction of a bulk power facility as determined by the
     2  commission. Reimbursable items of expenditure shall include, but
     3  are not limited to, public service costs for fire, police,
     4  roads, solid waste, sewage, education, health, welfare,
     5  recreation and related administration. The total amount
     6  distributed on account of any one certified site shall not
     7  exceed $850,000 and the total amount distributed in any fiscal
     8  year by the commission for impact costs shall not exceed
     9  $2,000,000.
    10     (c)  Revolving fund for financing capital projects.--Any
    11  municipality that is required to construct or expand a major
    12  public capital facility including, but not limited to, streets
    13  or highways, bridges, sewage disposal and sewage treatment
    14  facilities, solely by virtue of the direct or indirect effects
    15  attributable to the location and construction of a bulk power
    16  facility owned by a public utility shall be eligible for an
    17  advance from a revolving fund hereby established to finance part
    18  or all of such capital facility. Any advance from the fund shall
    19  be repaid in annual installments and shall not bear interest.
    20  The commission shall establish a repayment schedule for each
    21  advance, not to exceed ten years, taking into account the amount
    22  thereof and the fiscal capacity of the municipality.
    23     (d)  Administration of payments.--The distributions provided
    24  for in subsections (a), (b) and (c) shall be made by the
    25  commission from funds appropriated to it for such purposes. In
    26  all cases the commission shall insure that:
    27         (1)  All costs and expenditures reimbursed are
    28     attributable to the location or construction of the bulk
    29     power facility.
    30         (2)  The costs and expenditures are necessary to the
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     1     welfare and well-being of the residents of the local taxing
     2     authority and do not finance a level of public services
     3     higher than would exist absent the bulk power facility.
     4         (3)  No payment shall exceed actual costs incurred or to
     5     be incurred by a local taxing authority.
     6  The commission shall have the authority to allocate funds in the
     7  event requests for distributions exceed applicable limits.
     8  § 5122.  Annual distributions to reduce tax burden.
     9     (a)  General rule.--The local taxing authorities in which is
    10  located every electric generating plant owned by a public
    11  utility subject to the jurisdiction of the Pennsylvania Public
    12  Utility Commission or the corresponding regulatory agency of any
    13  other state or of the United States, but not including a
    14  municipality or municipal authority, shall be entitled to an
    15  annual subvention calculated by reference to the net annual
    16  generation of electricity by the plant.
    17     (b)  Calculation of gross amount.--The gross subvention
    18  attributable to any generating plant shall be the sum of:
    19         $300 per million kilowatt-hours for each of the first 500
    20     million kilowatt-hours generated.
    21         $150 per million kilowatt-hours for each of the next
    22     1,000 million kilowatt-hours generated.
    23         $20 per million kilowatt-hours for all kilowatt-hours
    24     generated in excess of 1,500 million kilowatt-hours.
    25     (c)  Distributions among local taxing authorities.--
    26         (1)  Plant located in only one county.--If an electric
    27     generating plant, including such surrounding real property as
    28     is necessary for its operation, is located in only one county
    29     the gross amount calculated under subsection (b) shall be
    30     allocated to local taxing authorities under the following
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     1     formula:
     2             65% to the school district or school districts of
     3         location (notwithstanding that a portion of a school
     4         district lies in another county).
     5             15% to the municipal corporation or corporations of
     6         location.
     7             20% to the county.
     8     If the plant is located in more than one school district or
     9     more than one municipal corporation within the county, the
    10     amounts so allocated shall be divided among the individual
    11     school districts or among the individual municipal
    12     corporations on the basis of the proportion of the total
    13     assessed value of the real property of the plant which lies
    14     in each school district or in each municipal corporation.
    15         (2)  Plant located in more than one county.--In the event
    16     an electric generating plant is located in more than one
    17     county, the gross amount calculated under subsection (b)
    18     shall be allocated among the counties on the basis of the
    19     proportion of the total equalized assessed value of the real
    20     property of the plant which lies in each county. The
    21     assessed-market value ratios, as ascertained by the State Tax
    22     Equalization Board for each county for school subsidy
    23     purposes, shall be utilized to equalize the county-assessed
    24     values of the real property of the plant. The amounts so
    25     allocated shall be divided among the local taxing authorities
    26     in each county in accordance with the provisions of paragraph
    27     (1).
    28     (d)  Reports.--Annually, on or before April 1, every public
    29  utility shall report to the commission the following information
    30  for each electric generating plant which it operates:
    19770H0991B1162                 - 17 -

     1         (1)  The location by local taxing authority.
     2         (2)  The assessed value for county tax purposes of the
     3     plant (including such surrounding real property as is
     4     necessary for its operation) and the assessed values of the
     5     portions of the plant, if any, which are not located within
     6     coincident local taxing authorities.
     7         (3)  The net kilowatt-hours of electricity generated
     8     during the preceding calendar year. In the case of pumped
     9     storage generating plants, net electricity generated shall be
    10     generation exclusive of plant use.
    11         (4)  Such additional information as may be required by
    12     the commission to administer this subchapter.
    13     (e)  Payments.--The annual subvention authorized by this
    14  section shall be calculated by the commission on the basis of
    15  the information furnished pursuant to subsection (d) and payment
    16  shall be made to each eligible local taxing authority on or
    17  before June 30 of each year. No payment shall be made on account
    18  of any plant for which the gross subvention calculated under
    19  subsection (b) is less than $1,000.
    20     (f)  Use of payments.--Every local taxing authority shall use
    21  the annual payments received under this section to permanently
    22  reduce real property and other local taxes. The relief from
    23  taxes granted under this subchapter shall not be eroded by any
    24  local taxing authority so as to defeat the purpose of this
    25  subchapter. Any person objecting to an increase in the rate of
    26  local taxes on the ground that the increase erodes the tax
    27  relief made available under this subchapter may petition the
    28  court of common pleas for equitable relief.
    29     Section 2.  Limitation on payments to political
    30  subdivisions.--If the Commonwealth is sued by a party seeking to
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     1  prohibit the collection of the tax provided for in section
     2  1101(b) of the act of March 4, 1971 (P.L.6, No.2), known as the
     3  "Tax Reform Code of 1971," no payments to local taxing
     4  authorities shall be made under the provisions of Subchapter C
     5  of Chapter 51 of Title 66 of the Pennsylvania Consolidated
     6  Statutes (relating to payments to political subdivisions) during
     7  the pendency of the suit or if the tax is ultimately determined
     8  by a court to be invalid.
     9     Section 3.  Appropriations.--(a)  The following sums are
    10  hereby specifically appropriated for the fiscal year July 1,
    11  1977 to June 30, 1978 for the following purposes and in the
    12  following amounts:
    13         (1)  For reimbursement to local governments for planning
    14     and impact costs as provided in 66 Pa.C.S. § 5121 (a) and
    15     (b), $1,600,000.
    16         (2)  For the revolving fund for capital projects as
    17     provided in 66 Pa.C.S. § 5121(c), $1,500,000.
    18         (3)  For annual subventions to eligible local taxing
    19     authorities as provided in 66 Pa.C.S. § 5122, $11,500,000.
    20         (4)  For administrative purposes for the Energy Facility
    21     Siting Interagency Commission, $140,000.
    22     (b)  The General Assembly hereby declares its intent to
    23  annually appropriate $1,500,000 for the revolving fund for
    24  capital projects as provided in 66 Pa.C.S. § 5121(c) until the
    25  total amount appropriated has reached $7,000,000 and that
    26  thereafter the fund shall be self-sustaining.
    27     Section 4.  Effective date.--This act shall take effect July
    28  1, 1977 or in 30 days, whichever is later.


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