AN ACT

 

1Amending the act of July 9, 2008 (1st Sp.Sess., P.L.1873, No.1),
2entitled "An act providing for alternative sources of energy;
3establishing the Alternative Energy Development Program, the
4Consumer Energy Program, the Home Energy Efficiency Loan
5Program, the Home Energy Efficiency Loan Fund and the
6Alternative Energy Production Tax Credit Program; and
7providing for the powers and duties of the Department of
8Environmental Protection," further providing for definitions
9and for the Commonwealth Financing Authority.

10The General Assembly of the Commonwealth of Pennsylvania
11hereby enacts as follows:

12Section 1. The definitions of "alternative energy production
13project" and "clean energy project" in section 102 of the act of
14July 9, 2008 (1st Sp.Sess., P.L.1873, No.1), known as the
15Alternative Energy Investment Act, are amended to read:

16Section 102. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

20"Alternative energy production project." The development or
21construction of the following:

1(1) A facility that utilizes waste coal, alternative 
2fuels, biomass, solar energy, wind energy, geothermal 
3technologies, clean coal technologies, waste energy 
4technologies or other alternative energy sources as defined 
5in the act of November 30, 2004 (P.L.1672, No.213), known as 
6the Alternative Energy Portfolio Standards Act, to produce or 
7distribute alternative energy.

8(2) A facility that manufactures or produces products,
9including component parts, that provide alternative energy or
10alternative fuels, improve energy efficiency or conserve
11energy.

12(3) A facility used for the research and development of
13technology to provide alternative energy sources or
14alternative fuels.

15(4) A project for the development or enhancement of rail
16transportation systems that deliver alternative fuels or
17high-efficiency locomotives.

18(5) A facility that manufactures or develops products or
19materials used in solar, energy efficient lighting and
20displays or batteries.

21* * *

22"Clean energy project." A project which does any of the
23following:

24(1) Replaces or supplements an existing energy system
25that utilizes nonrenewable energy with an energy system that
26utilizes alternative energy.

27(2) Facilitates the installation of an alternative
28energy system in an existing building or in new construction
29or a major renovation of a building.

30(3) Facilitates the construction of a new high

1performance building, the retrofit of an existing building to
2meet high performance building standards or the preparation
3of a site for high performance building development,
4including equipment acquisition, construction, infrastructure
5and site preparation.

6(4) Installs equipment to facilitate or improve energy
7conservation or energy efficiency, including heating and
8cooling equipment and solar thermal equipment.

9(5) An energy service project.

10(6) Facilitates the development or commercialization of
11materials for use in solar, energy efficient lighting and
12displays or batteries.

13(7) Facilitates the purchase and installation of
14equipment used for the development, testing or manufacturing
15of products or materials used in solar, energy efficient
16lighting or batteries.

17* * *

18Section 2. Section 307 of the act is amended by adding
19subsections to read:

20Section 307. Commonwealth Financing Authority.

21* * *

22(g.1) Grant requirements.--Notwithstanding any other
23provision of law or this act, grants awarded by the authority
24under subsection (a)(1)(iii) and (iv) shall be subject to the
25following:

26(1) The maximum amount of the grant shall not exceed
27$100,000 for every job projected to be created or retained by
28the business within three years after the approval of the
29grant. If the business fails to create or retain the
30projected number of jobs, the authority may require the

1repayment of a portion of the grant based on the number of
2jobs actually created.

3(2) The authority may waive the job creation
4requirements under paragraph (1) if the authority determines
5that investing in the capital equipment needs of the business
6will allow the business to further its development and
7manufacturing capabilities and where the investment in
8capital equipment is reasonably expected to lead to long-term
9job creation and retention.

10(g.2) Matching funds for projects.--The authority may
11require applicants to make an investment in the proposed project
12in order to receive a loan or grant under subsection (a). The
13amount of the matching investment shall be 50¢ for every $1 of
14funds awarded by the authority. Nothing under this section shall
15be construed as prohibiting the authority from imposing a
16matching funds requirement for any other program created under
17this section.

18* * *

19Section 3. This act shall take effect in 60 days.