PRINTER'S NO. 4913
No. 3078 Session of 2006
INTRODUCED BY SCHRODER, CALTAGIRONE, GINGRICH, HARHART,
M. KELLER, KOTIK AND E. Z. TAYLOR, NOVEMBER 13, 2006
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
NOVEMBER 13, 2006
AN ACT
1 Amending the act of April 9, 1929 (P.L.343, No.176), entitled,
2 as amended, "An act relating to the finances of the State
3 government; providing for the settlement, assessment,
4 collection, and lien of taxes, bonus, and all other accounts
5 due the Commonwealth, the collection and recovery of fees and
6 other money or property due or belonging to the Commonwealth,
7 or any agency thereof, including escheated property and the
8 proceeds of its sale, the custody and disbursement or other
9 disposition of funds and securities belonging to or in the
10 possession of the Commonwealth, and the settlement of claims
11 against the Commonwealth, the resettlement of accounts and
12 appeals to the courts, refunds of moneys erroneously paid to
13 the Commonwealth, auditing the accounts of the Commonwealth
14 and all agencies thereof, of all public officers collecting
15 moneys payable to the Commonwealth, or any agency thereof,
16 and all receipts of appropriations from the Commonwealth,
17 authorizing the Commonwealth to issue tax anticipation notes
18 to defray current expenses, implementing the provisions of
19 section 7(a) of Article VIII of the Constitution of
20 Pennsylvania authorizing and restricting the incurring of
21 certain debt and imposing penalties; affecting every
22 department, board, commission, and officer of the State
23 government, every political subdivision of the State, and
24 certain officers of such subdivisions, every person,
25 association, and corporation required to pay, assess, or
26 collect taxes, or to make returns or reports under the laws
27 imposing taxes for State purposes, or to pay license fees or
28 other moneys to the Commonwealth, or any agency thereof,
29 every State depository and every debtor or creditor of the
30 Commonwealth," providing for generator rebates; and
31 establishing the Generator Rebate Fund.
32 The General Assembly of the Commonwealth of Pennsylvania
1 hereby enacts as follows:
2 Section 1. Article XVII-A of the act of April 9, 1929
3 (P.L.343, No.176), known as The Fiscal Code, is amended by
4 adding a subarticle to read:
5 SUBARTICLE G
6 GENERATOR REBATE FUND
7 Section 1761-A. Scope.
8 This subarticle relates to generator rebates.
9 Section 1762-A. Definitions.
10 The following words and phrases when used in this subarticle
11 shall have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Department." The Department of Revenue of the Commonwealth.
14 "Electricity distribution company." As defined in 66 Pa.C.S.
15 § 2803 (relating to definitions).
16 "Generator." A machine by which mechanical energy is
17 converted into electrical energy and operated for the purpose of
18 providing emergency power to an individual that otherwise
19 purchases power from a utility.
20 "Individual." A natural person.
21 Section 1763-A. Rebate program.
22 (a) Establishment.--There is hereby established a rebate
23 program within the department for individuals residing in this
24 Commonwealth who purchase a generator to provide emergency power
25 for a primary residence.
26 (b) Application.--The department shall establish procedures
27 for the application for and awarding of rebates under this
28 subarticle. The department shall publish information relating to
29 the program annually in the Pennsylvania Bulletin and may also
30 publish the information on the department's Internet website.
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1 (c) Timing.--A request for a rebate must be submitted to the
2 department no later than six months after the purchase date of
3 the generator, in a form and manner prescribed by the
4 department. The department shall provide an application form to
5 an individual upon request, and the department may make the
6 application form available on its Internet website or through
7 the place of purchase of the generator. No individual shall be
8 eligible for more than $500 in rebates.
9 (d) Requirements.--Applicants shall provide the following
10 when making a request for a rebate under this subarticle:
11 (1) A copy of the proof of purchase of the generator.
12 (2) A copy of a recent electric utility statement which
13 indicates, at a minimum, the electricity distribution company
14 which provides electricity for the individual.
15 Section 1764-A. Funding.
16 There is hereby established the Generator Rebate Fund in the
17 Department of Revenue. Payment of rebates under this subarticle
18 shall be made by the Commonwealth to the individual out of the
19 Generator Rebate Fund.
20 Section 1765-A. Recoupment of revenue.
21 On March 1, June 1, September 1 and December 1 of each fiscal
22 year, the department shall mail a report to notify each
23 electricity distribution company of the value of the rebates
24 that the department has issued to customers of each electricity
25 distribution company. By March 30, June 30, September 30 and
26 December 30 of each fiscal year, each electricity distribution
27 company shall make a payment to the Commonwealth for
28 reimbursement of the full amount of rebates provided by the
29 Commonwealth as indicated in the most recent report mailed by
30 the department to an electricity distribution company. The
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1 department may establish a schedule to provide penalties for
2 failure to make payment as prescribed under this section. The
3 payments shall be deposited into the Generator Rebate Fund. No
4 electricity distribution company shall be required to reimburse
5 the Commonwealth in any fiscal year in an amount that exceeds
6 the electricity distribution company's 2006 tree trimming and
7 removal budget.
8 Section 1766-A. Rules and regulations.
9 The department shall promulgate rules and regulations as
10 necessary to carry out the provisions of this subarticle.
11 Section 2. This act shall take effect immediately.
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