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PRINTER'S NO. 402
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
404
Session of
2017
INTRODUCED BY SCAVELLO, ARGALL, BROWNE, COSTA, McGARRIGLE,
LEACH, GREENLEAF, YUDICHAK, KILLION, HAYWOOD, LAUGHLIN,
RAFFERTY, HUGHES, BLAKE, McILHINNEY AND FONTANA,
FEBRUARY 27, 2017
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 27, 2017
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 portfolio requirements in other states.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 4 of the act of November 30, 2004
(P.L.1672, No.213), known as the Alternative Energy Portfolio
Standards Act, is amended to read:
Section 4. Portfolio requirements in other states.
(a) General rule.--If an electric distribution supplier or
electric generation company provider sells electricity in any
other state and is subject to renewable energy portfolio
requirements in that state, they shall list any such requirement
and shall indicate how it satisfied those renewable energy
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portfolio requirements. To prevent double-counting, the electric
distribution supplier or electric generation company 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
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
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suppliers shall document that this energy was not used to
satisfy another state's renewable energy portfolio standards.
(b) Solar photovoltaic technology.--Notwithstanding any
provision of subsection (a), in order to qualify as an
alternative energy source eligible to meet the compliance
requirements under this act, each solar photovoltaic system must
directly deliver the electricity it generates to a retail
customer of an electric distribution company or to the
distribution system operated by an electric distribution company
operating within this Commonwealth and currently obligated to
meet the compliance requirements contained under this act or be
directly connected to the electric system of an electric
cooperative or municipal electric system, operating within this
Commonwealth.
(c) Certification and contracts.--Nothing in this section
shall affect a certification originating within the geographical
boundaries of this Commonwealth granted prior to the effective
date of this subsection 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 this act or a
binding written contract for the sale and purchase of
alternative energy credits derived from solar photovoltaic
energy sources entered into prior to the effective date of this
subsection.
Section 2. The amendment of section 4 of the act shall apply
to contracts entered into or renewed on or after the effective
date of this section.
Section 3. This act shall take effect immediately.
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