PRINTER'S NO. 983
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
792
Session of
2021
INTRODUCED BY YAW, STEFANO, SCAVELLO, HUTCHINSON, PITTMAN,
MENSCH AND MASTRIANO, JULY 7, 2021
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JULY 7, 2021
AN ACT
Amending Title 62 (Procurement) of the Pennsylvania Consolidated
Statutes, in contract clauses and preference provisions,
providing for solar photovoltaic technologies; and imposing
duties on the Auditor General, the Department of Community
and Economic Development and the Department of Environmental
Protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Chapter 37 of Title 62 of the Pennsylvania
Consolidated Statutes is amended by adding a subchapter to read:
SUBCHAPTER F
SOLAR PHOTOVOLTAIC TECHNOLOGIES
Sec.
§ 3761. Contract provisions.
§ 3762. Reporting and study.
§ 3763. Recycling.
§ 3761. Contract provisions.
(a) Manufactured in the United States.--A Commonwealth
agency shall require that a contract for the construction,
reconstruction, alteration, repair or improvement of public
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works contain a provision that, if a solar photovoltaic
technology or component is to be used or supplied in the
performance of the contract or a subcontract, only solar
photovoltaic technology or components manufactured and assembled
in the United States shall be used or supplied.
(b) Tax credits.--No tax credit awarded by a Commonwealth
agency may be used for a project that utilizes a solar
photovoltaic technology or component manufactured or assembled
outside of the United States.
(c) Certify contracts.--The Department of General Services,
in cooperation with the Department of Environmental Protection,
shall certify that contracts for the use of electricity or solar
energy credits are awarded to entities that utilize solar
photovoltaic technologies or components manufactured or
assembled in the United States.
(d) Regulations.--The Department of Community and Economic
Development shall develop standards and guidelines to prohibit
Commonwealth funds from being expended on a contract that is
performed by the use or supply of solar photovoltaic technology
or components manufactured or assembled outside the United
States.
(e) Definition.--As used in this section, the term "public
work" shall have the same meaning given to it in section 2(5) of
the act of August 15, 1961 (P.L.987, No.442), known as the
Pennsylvania Prevailing Wage Act.
§ 3762. Reporting and study.
(a) Auditor General.--The Auditor General shall submit to
the chair and minority chair of the Environmental Resources and
Energy Committee of the Senate and the chair and minority chair
of the Environmental Resources and Energy Committee of the House
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of Representatives a report on the amount of solar photovoltaic
technologies procured by Commonwealth agencies within 120 days
after the effective date of this section.
(b) Department of Community and Economic Development.--The
Department of Community and Economic Development shall conduct a
study of the domestic market of solar panel production and the
global supply chain and workforce involved in solar photovoltaic
technology production.
(1) The report shall be completed by July 1, 2022.
(2) The report shall be submitted to:
(i) The President pro tempore of the Senate.
(ii) The Speaker of the House of Representatives.
(iii) The Majority Leader and Minority Leader of the
Senate.
(iv) The Majority Leader and Minority Leader of the
House of Representatives.
(v) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the
Senate.
(vi) The chairperson and minority chairperson of the
Environmental Resources and Energy Committee of the House
of Representatives.
§ 3763. Recycling.
The Department of Environmental Protection shall promulgate
regulations to develop a Statewide recycling program for solar
photovoltaic technology and components.
Section 2. This act shall take effect in 60 days.
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