PRINTER'S NO. 1236
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. 20010H1077B1236 - 17 -
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. C13L72MSP/20010H1077B1236 - 18 -