Section 2. Section 1101(b) and (h) of the act are amended
and the section is amended by adding a subsection to read:
Section 1101. Imposition of Tax.--* * *
(a.2) Transfer to Alternative Fuels Incentive Fund.--
Notwithstanding any other provision of law, beginning in fiscal
year 2024-2025, and each fiscal year thereafter, six million
dollars ($6,000,000) of the taxes received under subsection (a)
shall be transferred to the Alternative Fuels Incentive Fund
established under section 3 of the act of November 29, 2004
(P.L.1376, No.178), known as the Alternative Fuels Incentive
Act. The transfer required under this subsection shall be made
annually by May 31, 2025, and each May 31 thereafter.
(b) Electric Light, Waterpower and Hydro-electric
Utilities.--
(1) Every electric light company, waterpower company and
hydro-electric company now or hereafter incorporated or
organized by or under any law of this Commonwealth, or now or
hereafter organized or incorporated by any other state or by the
United States or any foreign government and doing business in
this Commonwealth, and every limited partnership, association,
joint-stock association, copartnership, person or persons,
engaged in electric light and power business, waterpower
business and hydro-electric business in this Commonwealth, shall
pay to the State Treasurer, through the Department of Revenue, a
tax of forty-four mills upon each dollar of the gross receipts
of the corporation, company or association, limited partnership,
joint-stock association, copartnership, person or persons,
received from:
[(1)] (i) the sales of electric energy within this State,
except gross receipts derived from the sales for resale of
electric energy to persons, partnerships, associations,
corporations or political subdivisions subject to the tax
imposed by this subsection upon gross receipts derived from such
resale; and
[(2)] (ii) the sales of electric energy produced in
Pennsylvania and made outside of Pennsylvania in a state that
has taken action since December 21, 1977 which results in higher
costs for electric energy produced in that state and sold in
Pennsylvania unless the action that was taken after December 21,
1977 is rescinded according to the following apportionment
formula: except for gross receipts derived from sales under
clause (1), the gross receipts from all sales of electricity of
the producer shall be apportioned to the Commonwealth of
Pennsylvania by the ratio of the producer's operating and
maintenance expenses in Pennsylvania and depreciation
attributable to property in Pennsylvania to the producer's total
operating and maintenance expenses and depreciation.
(2) This subsection shall expire for taxable years beginning
after December 31, 2024.
* * *
(h) Benefits to Consumer.--
2024/90MSP/SB0269A04334 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51