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                                                      PRINTER'S NO. 1236

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 1077 Session of 2001


        INTRODUCED BY RUBLEY, TULLI, MUNDY, McCALL, BASTIAN, BARD,
           READSHAW, WOJNAROSKI, MELIO, WANSACZ, LEVDANSKY, STEIL,
           STEELMAN, ROSS, M. BAKER, BARRAR, BELARDI, CALTAGIRONE,
           CAWLEY, L. I. COHEN, CORRIGAN, CURRY, DAILEY, DeWEESE,
           FAIRCHILD, FREEMAN, GEORGE, HARHAI, HENNESSEY, HERMAN,
           HERSHEY, HORSEY, JOSEPHS, MAHER, MAITLAND, NAILOR, ORIE,
           PIPPY, SCHRODER, SHANER, B. SMITH, SOLOBAY, STURLA,
           E. Z. TAYLOR, VANCE, VITALI, WATSON, WILT AND YOUNGBLOOD,
           MARCH 20, 2001

        REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MARCH 20, 2001

                                     AN ACT

     1  Amending the act of March 4, 1971 (P.L.6, No.2), entitled "An
     2     act relating to tax reform and State taxation by codifying
     3     and enumerating certain subjects of taxation and imposing
     4     taxes thereon; providing procedures for the payment,
     5     collection, administration and enforcement thereof; providing
     6     for tax credits in certain cases; conferring powers and
     7     imposing duties upon the Department of Revenue, certain
     8     employers, fiduciaries, individuals, persons, corporations
     9     and other entities; prescribing crimes, offenses and
    10     penalties," further providing for exclusions from tax; and
    11     providing for an energy-efficient building tax credit.

    12     The General Assembly of the Commonwealth of Pennsylvania
    13  hereby enacts as follows:
    14     Section 1.  Section 204 of the act of March 4, 1971 (P.L.6,
    15  No.2), known as the Tax Reform Code of 1971, is amended by
    16  adding clauses to read:
    17     Section 204.  Exclusions from Tax.--The tax imposed by
    18  section 202 shall not be imposed upon
    19         * * *

     1     (61)  The sale at retail or use of the following electric
     2  appliances that meet or exceed the applicable energy star
     3  efficiency requirements developed by the United States
     4  Environmental Protection Agency and the United States Department
     5  of Energy:
     6     (i)  a clothes washer purchased on or after July 1, 2000, but
     7  before July 1, 2003;
     8     (ii)  a room air conditioner purchased on or after January 1,
     9  2001, but before July 1, 2004; or
    10     (iii)  a standard size refrigerator purchased on or after
    11  July 1, 2001, but before July 1, 2004.
    12     (62)  The sale at retail or use of a fuel cell that generates
    13  electricity and heat using an electrochemical process has an
    14  electricity-only generation efficiency greater than 35% and has
    15  a generating capacity of at least two kilowatts.
    16     (63)  The sale at retail or use of a natural gas heat pump
    17  that has a coefficient of performance of at least 1.25 for
    18  heating and at least 0.70 for cooling; an electric heat pump
    19  that has a heating system performance factor of at least 7.5 and
    20  a cooling seasonal energy-efficient ratio of at least 13.5; an
    21  advanced natural gas water heater that has an energy factor of
    22  at least 0.65; or an electric heat pump hot water heater that
    23  yields an energy factor of at least 1.7.
    24     (64)  The sale at retail or use of a central air conditioner
    25  that has a cooling seasonal energy efficiency ratio of at least
    26  13.5.
    27     Section 2.  The act is amended by adding an article to read:
    28                          ARTICLE XVIII-B
    29                     GREEN BUILDINGS TAX CREDIT
    30  Section 1801-B.  Short title.
    20010H1077B1236                  - 2 -

     1     This article shall be known and may be cited as the Green
     2  Buildings Tax Credit Law.
     3  Section 1802-B.  Definitions.
     4     The following words and phrases when used in this article
     5  shall have the meanings given to them in this section unless the
     6  context clearly indicates otherwise:
     7     "Allowable costs."  Amounts which are paid or incurred on or
     8  after June 1, 2001, for:
     9         (1)  construction or rehabilitation;
    10         (2)  commissioning costs;
    11         (3)  interest paid or incurred during the construction or
    12     rehabilitation period;
    13         (4)  legal, architectural, engineering or other
    14     professional fees allocable to construction or
    15     rehabilitation;
    16         (5)  closing costs for construction, rehabilitation or
    17     mortgage loans;
    18         (6)  recording taxes and filing fees incurred with
    19     respect to construction or rehabilitation; site costs; and
    20         (7)  costs of furniture, carpeting, partitions, walls and
    21     wall coverings; ceilings, drapes, blinds, lighting, plumbing,
    22     electrical wiring and ventilation; provided that the costs
    23     shall not include the cost of telephone systems and computers
    24     other than electrical wiring costs and shall not include the
    25     cost of fuel cells or photovoltaic modules, including
    26     installation or the cost of new air conditioning equipment
    27     using an Environmental Protection Agency-approved non-ozone
    28     depleting refrigerant, excluding installation.
    29     "Base building."  All areas of a building not intended for
    30  occupancy by a tenant or owner, including, but not limited to,
    20010H1077B1236                  - 3 -

     1  the structural components of the building, exterior walls,
     2  floors, windows, roofs, foundations, chimneys and stacks,
     3  parking areas, mechanical rooms and mechanical systems and
     4  owner-controlled or operated service spaces, sidewalks, main
     5  lobby, shafts and vertical transportation mechanisms, stairways
     6  and corridors.
     7     "Commissioning."  The testing and fine-tuning of heat,
     8  ventilating and air conditioning and other systems to assure
     9  proper functioning and adherence to design criteria and the
    10  preparation of system operation manuals and instruction of
    11  maintenance personnel.
    12     "Credit allowance year."  The later of:
    13         (1)  The taxable year during which the property,
    14     construction, completion or rehabilitation referred to in
    15     subsections (a) through (f) of section 1804-B has been placed
    16     in service or has received a final certificate of occupancy.
    17         (2)  The first taxable year with respect to which the
    18     credit may be claimed pursuant to the initial credit
    19     component certificate issued pursuant to subsection (a) of
    20     section 1805-B.
    21     "Department."  The Department of Revenue of the Commonwealth.
    22     "Eligible building."  A building located in this Commonwealth
    23  which is:
    24         (1)  A residential multifamily building with at least 12
    25     dwelling units that contain at least 20,000 square feet of
    26     interior space.
    27         (2)  One or more residential multifamily buildings with
    28     at least two dwelling units that are part of a single or
    29     phased construction project that contains, in the aggregate,
    30     at least 20,000 square feet of interior space, provided that
    20010H1077B1236                  - 4 -

     1     in any single phase of such project at least 10,000 square
     2     feet of interior space is under construction or
     3     rehabilitation.
     4         (3)  A building used for commercial or industrial
     5     purposes.
     6         (4)  Any combination of buildings described in
     7     subparagraphs (1) and (2).
     8     "Fuel cell."  A device that produces electricity directly
     9  from hydrogen or hydrocarbon fuel through a noncombustive
    10  electro-chemical process.
    11     "Green base building."  A base building which is part of an
    12  eligible building and which meets the following standards:
    13         (1)  Energy use shall not exceed the amounts permitted
    14     pursuant to regulations promulgated by the Department of
    15     Environmental Protection.
    16         (2)  All appliances and any heating, cooling and water
    17     heating equipment used in the base building and subject to
    18     the regulations promulgated by the Department of
    19     Environmental Protection shall meet the standards established
    20     by such regulations in effect at the time the base building
    21     or rehabilitation thereof is placed in service.
    22         (3)  The base building shall comply with all applicable
    23     zoning, land use and erosion control requirements, storm-
    24     water management ordinances, building code requirements and
    25     environmental regulations. In the case of the rehabilitation
    26     of an existing building, all existing environmental hazards
    27     shall be identified and managed in accordance with applicable
    28     laws and industry guidelines.
    29         (4)  Building fresh air intake shall be located 25 feet
    30     away from loading areas, building exhaust fans, cooling
    20010H1077B1236                  - 5 -

     1     towers and other point sources of contamination.
     2         (5)  Ventilation system components and pathways shall be
     3     protected during construction or rehabilitation from
     4     contamination in accordance with an indoor air quality
     5     management plan for the construction or rehabilitation
     6     process that meets the standards established in regulations
     7     promulgated by the Department of Environmental Protection.
     8         (6)  A licensed engineer, certified industrial hygienist
     9     or other licensed or certified professional shall conduct
    10     indoor air quality testing with respect to the entire
    11     building immediately following occupancy and on an annual
    12     basis, to monitor supply and return air and ambient air for
    13     carbon monoxide, carbon dioxide, total volatile organic
    14     compounds, radon and particulate matter. Once radon
    15     measurements have been found to be satisfactory, subsequent
    16     annual testing shall not be required. The taxpayer shall
    17     record baseline readings immediately following occupancy and
    18     annually thereafter. In the event that the taxpayer does not
    19     establish that during a taxable year during which any part of
    20     the building is occupied, indoor air quality met the
    21     standards established in regulations promulgated by the
    22     Department of Environmental Protection, the base building
    23     shall not constitute a green base building.
    24         (7)  The mechanical plant of the building shall be
    25     commissioned in accordance with the standards established in
    26     regulations promulgated by the Department of Environmental
    27     Protection.
    28         (8)  Separate waste disposal chutes or a carousel
    29     compactor system for recyclable materials shall be provided
    30     for the recycling of waste by occupants or recycling shall be
    20010H1077B1236                  - 6 -

     1     otherwise facilitated by providing a readily accessible
     2     designated collection area or area with sufficient space to
     3     store recyclable materials separately between collection
     4     dates.
     5         (9)  The owner of the building shall provide each tenant,
     6     prior to initial occupancy and upon request, with one written
     7     notification of the opportunity to apply for a tax credit
     8     pursuant to this article and written guidelines regarding
     9     opportunities to improve the energy efficiency and air
    10     quality of tenant space and to reduce and recycle waste
    11     streams.
    12         (10)  All building materials, finishes and furnishings
    13     used in the base building and subject to the regulations
    14     promulgated by the Department of Environmental Protection
    15     shall meet the standards established by such regulations in
    16     effect at the time the building or rehabilitation is placed
    17     in service, provided further that with respect to
    18     furnishings, this requirement shall apply only to newly
    19     purchased items.
    20         (11)  All tenant space in the building occupied by the
    21     owner must be green tenant space.
    22     "Green building."  A building wherein the base building is a
    23  green base building and all tenant space is green tenant space.
    24     "Green tenant space."  Tenant space in a building if the
    25  building is an eligible building and if the tenant space
    26  complies with the following requirements:
    27         (1)  Energy use for the tenant space shall not exceed the
    28     amount permitted pursuant to regulations promulgated by the
    29     Department of Environmental Protection.
    30         (2)  All appliances and any heating, cooling and water
    20010H1077B1236                  - 7 -

     1     heating equipment used in the tenant space and subject to the
     2     regulations promulgated by the Department of Environmental
     3     Protection shall meet the standards established by such
     4     regulations or, in the event that such standards are revised,
     5     the standards in effect at the time the improvements with
     6     respect to which a tax credit is claimed are placed in
     7     service.
     8         (3)  The tenant space shall comply with all applicable
     9     building code requirements and environmental regulations and,
    10     with respect to projects other than new construction, all
    11     existing environmental hazards shall be identified and
    12     managed in accordance with applicable laws, regulations and
    13     industry guidelines.
    14         (4)  The taxpayer shall ensure that if smoking is
    15     permitted in the tenant space, it is permitted only in areas
    16     in which the air ventilation and circulation is separate from
    17     that for nonsmoking areas.
    18         (5)  The ventilation system components and pathways shall
    19     be protected during construction or rehabilitation from
    20     contamination in accordance with an indoor air quality
    21     management plan for the construction or rehabilitation
    22     process that meets the standards established in regulations
    23     promulgated by the Department of Environmental Protection. In
    24     the event that the areas are not protected from contamination
    25     in accordance with the standards, they shall be cleaned prior
    26     to occupancy.
    27         (6)  A licensed engineer, certified industrial hygienist
    28     or other licensed or certified professional shall conduct
    29     indoor air quality testing with respect to the tenant space
    30     immediately following occupancy and on an annual basis, to
    20010H1077B1236                  - 8 -

     1     monitor supply and return air and ambient air for carbon
     2     monoxide, carbon dioxide, total volatile organic compounds,
     3     radon and particulate matter. Once radon measurements have
     4     been found to be satisfactory, subsequent annual testing
     5     shall not be required. The taxpayer shall record baseline
     6     readings immediately following occupancy and annually
     7     thereafter. In the event that the taxpayer does not establish
     8     that during a taxable year during which the tenant space is
     9     occupied, indoor air quality met the standards established in
    10     regulations by the Department of Environmental Protection,
    11     the tenant space shall not constitute green tenant space.
    12         (7)  All building materials, finishes and furnishings
    13     selected for use in the tenant space and subject to the
    14     regulations promulgated by the Department of Environmental
    15     Protection shall meet the standards established by such
    16     regulations or, in the event that such standards are revised,
    17     the standards in effect at the time the improvements with
    18     respect to which a tax credit is claimed are placed in
    19     service, provided that, with respect to furnishings, this
    20     requirement shall apply only to newly purchased items.
    21     "Incremental cost of building-integrated photovoltaic
    22  modules."  The cost of building-integrated photovoltaic modules
    23  and any associated inverter, additional wiring or other
    24  electrical equipment or additional mounting or structural
    25  materials, less the cost of spandrel glass or other building
    26  material that would have been used in the event that building-
    27  integrated photovoltaic modules were not installed, incremental
    28  labor costs properly allocable to onsite preparation, assembly
    29  and original installation of photovoltaic modules and
    30  incremental architectural and engineering services and designs
    20010H1077B1236                  - 9 -

     1  and plans directly related to the construction or installation
     2  of photovoltaic modules.
     3     "Qualifying alternate energy sources."  Building-integrated
     4  and nonbuilding-integrated photovoltaic modules and fuel cells
     5  installed to serve the base building or tenant space which have
     6  the capability to monitor their AC output and which are
     7  validated upon installation and annually thereafter, to ensure
     8  that such systems meet their design specifications.
     9     "Tenant improvements."  Improvements which are necessary or
    10  appropriate to support or conduct the business of a tenant or
    11  occupying owner.
    12     "Tenant space."  The portion of a building intended for
    13  occupancy by a tenant or occupying owner.
    14  Section 1803-B.  Green building credit.
    15     (a)  Application.--A taxpayer may apply for a green building
    16  credit against any tax imposed under Article IV, VI, VII, VII-A,
    17  VIII, VIII-A, IX, X or XV. The amount of the credit shall be the
    18  sum of the credit components specified in section 1804-B of this
    19  article. The amount of each credit component shall not exceed
    20  the limit set forth in the initial credit component certificate
    21  obtained pursuant to section 1805-B(a). In the determination of
    22  such credit components, no cost paid or incurred by the taxpayer
    23  shall be the basis for more than one component.
    24     (b)  Credit to successor owner.--If a credit is allowed to a
    25  building owner pursuant to this article with respect to property
    26  and the property, or an interest therein, is sold, the credit
    27  for the period after the sale which would have been allowable to
    28  the prior owner had the property not been sold shall be
    29  allowable to the new owner. Credit for the year of sale shall be
    30  allocated between the parties on the basis of the number of days
    20010H1077B1236                 - 10 -

     1  during such year that the property or interest was held by each.
     2     (c)  Credit to successor tenant.--If a credit is allowed to a
     3  tenant pursuant to this article with respect to property and if
     4  the tenancy is terminated but the property remains in use in the
     5  building by a successor tenant, the credit for the period after
     6  termination which would have been allowable to the prior tenant
     7  had the tenancy not been terminated shall be allowable to the
     8  successor tenant. Credit for the year of termination shall be
     9  allocated between the parties on the basis of the number of days
    10  during such year that the property was used by each.
    11  Section 1804-B.  Credit components.
    12     (a)  Green whole-building credit component.--The green whole-
    13  building credit component shall be equal to 1.4% of the
    14  allowable costs paid or incurred by the taxpayer, whether owner
    15  or tenant, for either the construction of a green building or
    16  the rehabilitation of a building which is not a green building
    17  into a green building. The credit component shall not exceed the
    18  maximum amount specified in the initial credit component
    19  certificate. The credit component amount so determined shall be
    20  allowed for the credit allowance year if:
    21         (1)  The taxpayer has obtained and filed both an initial
    22     credit component certificate and an eligibility certificate
    23     issued pursuant to section 1801-B(a).
    24         (2)  A certificate of occupancy for the building has been
    25     issued the credit component amount shall also be allowed for
    26     each of the next four succeeding taxable years with respect
    27     to which the taxpayer has obtained and filed an eligibility
    28     certificate pursuant to section 1805-B(b). The allowable
    29     costs may not exceed, in the aggregate, $150 per square foot
    30     with respect to the portion of the building which comprises
    20010H1077B1236                 - 11 -

     1     the base building and $75 per square foot with respect to the
     2     portion of the building which comprises the tenant space.
     3     (b)  Green base building credit component.--The green base
     4  building credit component shall be equal to the applicable
     5  percentage of the allowable costs paid or incurred by the
     6  taxpayer, if the owner, for either the construction of a green
     7  base building or for the rehabilitation of a base building which
     8  is not a green base building to be a green base building. The
     9  credit component shall not exceed the maximum amount specified
    10  in the initial credit component certificate. The applicable
    11  percentage shall be 1%. The credit component amount so
    12  determined shall be allowed for the credit allowance year if:
    13         (1)  The taxpayer has obtained and filed both an initial
    14     credit component certificate and an eligibility certificate
    15     issued pursuant to section 1805-B.
    16         (2)  Certificate of occupancy for the building has been
    17     issued.
    18  The credit component amount shall also be allowed for each of
    19  the next four succeeding taxable years with respect to which the
    20  taxpayer has obtained and filed an eligibility certificate
    21  pursuant to section 1805-B(b). The allowable costs for the base
    22  building may not exceed, in the aggregate, $150 per square foot.
    23     (c)  Green tenant space credit component.--The green tenant
    24  space credit component shall be equal to the applicable
    25  percentage of allowable costs for tenant improvement paid or
    26  incurred by the taxpayer, whether owner or tenant in
    27  construction tenant space or rehabilitating tenant space which
    28  is not green tenant space to be green tenant space. The credit
    29  component shall not exceed the maximum amount specified in the
    30  initial credit component certificate. The applicable percentage
    20010H1077B1236                 - 12 -

     1  shall be 1%. The owner or a tenant who occupies fewer than
     2  10,000 square feet shall qualify for such green tenant space
     3  credit component only in the event that the base building is a
     4  green base building. The credit component amount so determined
     5  shall be allowed for the credit allowance year. The taxpayer has
     6  obtained and filed an initial credit component certificate and
     7  an eligibility certificate issued pursuant to section 1805-B.
     8  The credit component amount shall also be allowed for each of
     9  the next four succeeding taxable years with respect to which the
    10  taxpayer has obtained and filed an eligibility certificate
    11  pursuant to section 1805-B(b). The allowable costs for tenant
    12  space shall not exceed, in the aggregate, $75 per square foot.
    13  In the event that both an owner and tenant incur such costs for
    14  tenant space with respect to the same tenant space and such
    15  costs in the aggregate exceed $75 per square foot, the owner
    16  shall have priority as to costs constituting the basis for the
    17  green tenant space credit component.
    18     (d)  Fuel cell credit component.--A fuel cell credit
    19  component shall be allowed for the installation of a fuel cell
    20  which is a qualifying alternate energy source, installed to
    21  serve a green building, green base building or green tenant
    22  space. The amount of the credit component shall be 6% of the sum
    23  of the capitalized costs paid or incurred by the taxpayer with
    24  respect to each fuel cell installed to serve such building or
    25  space, including the cost of the foundation or platform and the
    26  labor cost associated with installation, such capitalized costs
    27  not to exceed $1,000 per kilowatt of installed DC-rated
    28  capacity. The credit component shall not exceed the maximum
    29  amount specified in the initial credit component certificate.
    30  The fuel cell credit component amount so determined shall be
    20010H1077B1236                 - 13 -

     1  allowed for the credit allowance year if the taxpayer has
     2  obtained and filed an initial credit component certificate and
     3  an eligibility certificate issued pursuant to section 1805-B.
     4  The credit component amount shall also be allowed with respect
     5  to each of the four taxable years next following during which
     6  the fuel cell remains in service. The amount of any Federal,
     7  State or local grant received by the taxpayer and used for the
     8  purchase or installation of the fuel cell which was not included
     9  in the Federal gross income of the taxpayer shall be subtracted
    10  from the amount of such cost.
    11     (e)  Photovoltaic module credit component.--A photovoltaic
    12  module credit component shall be allowed for the installation of
    13  photovoltaic modules which constitute a qualifying alternate
    14  energy source installed to serve a green building, green base
    15  building or green tenant space. The amount of the credit
    16  component shall be 20% of the incremental cost paid or incurred
    17  by the taxpayer for building-integrated photovoltaic modules and
    18  5% of the cost of nonbuilding-integrated photovoltaic modules,
    19  in either case the cost not to exceed the product of $3 and the
    20  number of watts included in the DC-rated capacity of the
    21  photovoltaic modules. The credit component shall not exceed the
    22  maximum amount specified in the initial credit component
    23  certificate. The credit component amount so determined shall be
    24  allowed for the credit allowance year, but only if:
    25         (1)  The taxpayer has obtained and filed an initial
    26     credit component certificate and an eligibility certificate
    27     issued pursuant to subdivision (c) of this section.
    28         (2)  Where the credit allowance year is a year described
    29     in subparagraph (b) of paragraph 2(a) of subdivision (b) of
    30     this section, the modules remain in service during such year.
    20010H1077B1236                 - 14 -

     1     Such credit amount shall be allowed also for the four taxable
     2     years next following during which the modules remain in
     3     service. Provided, however, that the amount of any Federal,
     4     State or local grant received by the taxpayer and used for
     5     the purchase and/or installation of such photovoltaic
     6     equipment and which was not included in the Federal gross
     7     income of the taxpayer shall be subtracted from the amount of
     8     such cost.
     9     (f)  Green refrigerant component.--A green refrigerant
    10  component shall be allowed for new air conditioning equipment
    11  including chillers and absorption chillers, water or air-cooled
    12  unitary equipment, water-cooled heat pumps, packaged terminal
    13  heat pumps, air conditioners, and other similar air conditioning
    14  equipment that uses an EPA-approved nonozone depleting
    15  refrigerant installed to serve a green building, green base
    16  building or green tenant space. The amount of the credit
    17  component shall be 2% of the cost of such air conditioning
    18  equipment. The credit component shall not exceed the maximum
    19  amount specified in the initial credit component certificate.
    20  The green refrigerant component amount so determined shall be
    21  allowed for the credit allowance year, the taxpayer has obtained
    22  and filed an initial credit component certificate and an
    23  eligibility certificate issued pursuant to section 1805-B. The
    24  credit component amount shall be allowed also with respect to
    25  each of the four taxable years next following during which the
    26  air conditioning equipment remains in service.
    27  Section 1805-B.  Certifications.
    28     (a)  Initial credit component certificate.--The department
    29  shall issue an initial credit component certificate to a
    30  taxpayer that has applied for one where the taxpayer has made a
    20010H1077B1236                 - 15 -

     1  showing that he will place in service within a reasonable period
     2  of time a property which would warrant the allowance of a credit
     3  under this article. The certificate shall state the first
     4  taxable year for which the credit may be claimed and its
     5  expiration date and shall apply only to property placed in
     6  service by such expiration date. The expiration date may be
     7  extended at the discretion of the department in order to avoid
     8  unwarranted hardship. The certificates may be issued for the
     9  years 2000-2004. The certificates shall state the maximum amount
    10  of credit component allowable for each of the five taxable years
    11  for which the credit component is allowed under section 1804-B.
    12  The certificates shall not be issued, in the aggregate, for more
    13  than $25 million worth of credit components. In addition, such
    14  certificates shall be limited in their applicability, as
    15  follows:
    16       Credit components in                      With respect to taxable
    17       the aggregate shall                       years beginning in:
    18       not be allowed
    19       for more than:
    20                $1 million                             2001
    21                $2 million                             2002
    22                $3 million                             2003
    23                $4 million                             2004
    24                $5 million                             2005
    25                $4 million                             2006
    26                $3 million                             2007
    27                $2 million                             2008
    28                $1 million                             2009
    29     (b)  Eligibility certificate.--For each taxable year for
    30  which a taxpayer claims a credit under this section with respect
    20010H1077B1236                 - 16 -

     1  to a green building, green base building or green tenant space,
     2  a fuel cell, or photovoltaic modules, or air conditioning
     3  equipment using an EPA-approved nonozone depleting refrigerant,
     4  the taxpayer shall obtain from an architect or professional
     5  engineer licensed to practice in this Commonwealth an
     6  eligibility certificate. The certificate shall consist of a
     7  certification, under the seal of such architect or engineer,
     8  that the building, base building or tenant space with respect to
     9  which the credit is claimed is either a green building, green
    10  base building or green tenant space and that the fuel cell or
    11  photovoltaic modules constitute qualifying alternate energy
    12  sources and that the air conditioning equipment uses an EPA-
    13  approved nonozone depleting refrigerant and remains in service.
    14  The certificate shall be made in accordance with the standards
    15  and guidelines in effect at the time the property which is the
    16  basis for the credit was placed in service. The certification
    17  shall set forth the specific findings upon which the
    18  certification was based. The taxpayer shall file the certificate
    19  and the associated initial credit component certificate with the
    20  application for credit and shall file duplicate copies with the
    21  Department of Environmental Protection. The certificate shall
    22  include sufficient information to identify each building or
    23  space and such other information as the department may require.
    24  Section 1806-B.  Requirements.
    25     (a)  Each taxpayer shall, for any taxable year for which the
    26  green building credit is claimed, maintain records of the
    27  following information:
    28         (1)  Annual energy consumption for building, base
    29     building or tenant space.
    30         (2)  Annual results of air monitoring.
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     1         (3)  Annual confirmation that the building, base building
     2     or tenant space continues to meet requirements regarding
     3     smoking areas, if provided.
     4         (4)  Tenants guidelines referred to in subparagraph (I)
     5     of paragraph (9) of subdivision (b) of this section, if
     6     applicable.
     7         (5)  All written notification of tenants and requests to
     8     remedy any indoor air quality problems.
     9         (6)  Initial and annual results, by month, of validation
    10     of performance of photovoltaic modules and fuel cells.
    11     (b)  Reporting to the Department of Environmental
    12  Protection.--Each taxpayer shall provide to the Department of
    13  Environmental Protection the information described in paragraph
    14  (1) of subsection (a). The information shall be provided to the
    15  Department of Environmental Protection for each taxable year in
    16  which the taxpayer claims a credit under this article.
    17     (c)  Department of Environmental Protection regulations.--
    18  Within six months after the effective date of this article, the
    19  Department of Environmental Protection shall promulgate
    20  regulations prescribing procedures and standards for the
    21  administration of this article.
    22  Section 1807-B.  Regulations.
    23     The department shall promulgate regulations necessary for the
    24  implementation and administration of this article.
    25     Section 3.  The act shall take effect in 60 days.




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