THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY GEORGE, BURNS, CALTAGIRONE, CARROLL, DeLUCA, DePASQUALE, EVERETT, GOODMAN, HALUSKA, HARHAI, HARHART, HARPER, HORNAMAN, HOUGHTON, YUDICHAK, HUTCHINSON, JOSEPHS, KORTZ, MANN, McCALL, MELIO, MYERS, OBERLANDER, REED, SEIP, SIPTROTH, K. SMITH, WALKO, WANSACZ, WHITE AND YOUNGBLOOD, JUNE 29, 2009

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 29, 2009  

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 alternative energy credits; providing

for applicability; and making a related repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 3(e)(12) of the act of November 30, 2004

(P.L.1672, No.213), known as the Alternative Energy Portfolio

Standards Act, amended July 17, 2007 (P.L.114, No.35), is

amended to read:

Section 3.  Alternative energy portfolio standards.

* * *

(e)  Alternative energy credits.--

* * *

(12)  (i)  Unless a contractual provision explicitly

assigns alternative energy credits in a different manner,

the owner of the alternative energy system or a customer-

generator owns any and all alternative energy credits

associated with or created by the production of electric

energy by such facility or customer, and the owner or

customer shall be entitled to sell, transfer or take any

other action to which a legal owner of property is

entitled to take with respect to the credits.

(ii)  This paragraph shall apply to all alternative

energy credits created pursuant to this act.

* * *

Section 2.  Repeals are as follows:

(1)  The General Assembly declares that the repeal under

paragraph (2) is necessary to effectuate the amendment of

section 3(e)(12) of the act.

(2)  Section 3.1 of the act of July 17, 2007 (P.L.114,

No.35), entitled "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 the

definitions of 'alternative energy credit,' 'customer-

generator,' 'force majeure,' 'net metering,' and 'Tier I

alternative energy source,' for alternative energy portfolio

standards, for portfolio requirements in other states and for

interconnection standards for customer-generator facilities,"

is repealed.

Section 3.  The amendment of section 3(e)(12) of the act

shall apply to all alternative energy credits created under the

act before, on or after the effective date of this section,

regardless of when any underlying contract for the purchase of

electric energy or other products from the generator that

qualifies as an alternative energy system was executed.

Section 4.  This act shall take effect immediately.