Bill Text: PA HB1667 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for the Property Assessed Clean Energy Program; and authorizing municipalities and municipal authorities to provide clean energy financing to residential and commercial property owners.

Spectrum: Moderate Partisan Bill (Democrat 15-2)

Status: (Introduced - Dead) 2011-06-15 - Referred to ENVIRONMENTAL RESOURCES AND ENERGY [HB1667 Detail]

Download: Pennsylvania-2011-HB1667-Introduced.html

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PRINTER'S NO. 2109
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1667 Session of2011
INTRODUCED BY GALLOWAY, DAVIS, K. BOYLE, CALTAGIRONE, FABRIZIO, HARHAI, HORNAMAN, JOSEPHS, KOTIK, MURPHY, MURT, ROSS, THOMAS AND WAGNER, JUNE 15, 2011
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JUNE 15, 2011
AN ACT
Providing for the Property Assessed Clean Energy Program; and
authorizing municipalities and municipal authorities to
provide clean energy financing to residential and commercial
property owners.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Property
Assessed Clean Energy Program Act.
Section 2. Declaration of policy.
The General Assembly finds and declares as follows:
(1) The production and efficient use of energy will
continue to play a central role in the future of this
Commonwealth and the nation as a whole.
(2) The development, production and efficient use of
renewable energy will advance the security, economic well-
being and public and environmental health of this
Commonwealth and will contribute to the energy independence
of our nation.
(3) The financing of clean energy improvements and the
powers conferred and expenditures made pursuant to this act
will serve a valid public purpose. This act is expressly
declared to be in the public interest.
Section 3. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Energy efficiency improvement." Energy efficiency
technologies, products and activities that reduce or support the
reduction of energy consumption or support the production of
clean, renewable energy and that are or will be permanently
fixed to real property.
"Green wet weather infrastructure improvements."
Improvements on residential, commercial or industrial real
property and in buildings, whether the real property or
buildings are privately or publicly owned, that maintain,
restore or mimic natural systems to infiltrate, evapotranspirate
or recycle stormwater.
"Program." The Property Assessed Clean Energy Program
established under section 4.
"Water efficiency improvements." Improvements designed to
decrease water demand and usage on residential, commercial or
industrial real property and in buildings, whether the real
property or buildings are privately or publicly owned.
Section 4. Program.
(a) Program established.--The Property Assessed Clean Energy
Program is established whereby municipalities and municipal
authorities are authorized to operate a financing program in
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accordance with this act. The goals of the program are to:
(1) Provide capital at the lowest possible cost for the
purpose of supporting conservation, energy efficiency
improvement, water efficiency improvement, wet weather
infrastructure improvement and renewable energy projects for
residential and commercial structures.
(2) Expand and simplify the process of obtaining small-
scale local energy project financing.
(3) Leverage multiple sources of public and private
capital through a unified and strategic funding mechanism.
(4) Provide technical and financing information to the
public and to businesses.
(5) Foster energy savings.
(6) Stimulate job growth.
(7) Help to substantially reduce carbon emissions.
(b) Program.--
(1) The governing body of a municipality or municipal
authority may establish by ordinance or resolution a low-cost
alternative energy financing program to assist owners of real
property within the municipality or in the case of a
municipal authority, within the boundaries of the
municipality or municipalities that organized the authority,
with installing and implementing alternative energy
technologies, including, but not limited to, solar
photovoltaic, solar thermal energy, wind energy, geothermal
energy or energy efficiency technologies, products and
activities and wet weather infrastructure improvements that
reduce energy or water consumption or support the production
of clean, renewable energy on owners' real property.
(2) A municipality may administer a financing program or
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opt to participate through a municipal authority. A
municipality that is governed by 53 Pa.C.S. Pt. VII Subpt. B
(relating to indebtedness and borrowing) may incur
indebtedness under 53 Pa.C.S. Pt. VII Subpt. B or may utilize
other funding, such as general fund revenue, for the purpose
of providing financing under this act. A municipal authority
shall provide financing under this act in accordance with its
authority under 53 Pa.C.S. Ch. 56 (relating to municipal
authorities). The financing of alternative energy
technologies pursuant to this act shall be treated as a
permitted project under 53 Pa.C.S. § 5607 (relating to
purposes and powers), and the provisions of 53 Pa.C.S. Ch. 56
shall apply to the program, except to the extent that 53
Pa.C.S. (relating to municipalities generally) is
inconsistent with the provisions of this act.
(c) Recipients.--A municipality or municipal authority may
provide financing under this act to:
(1) Residential property owners, including low-income
residential property owners, for the financing of energy
efficiency improvement, water efficiency improvement, wet
weather infrastructure improvement and renewable energy
projects.
(2) Commercial property owners for the financing of:
(i) Energy efficiency improvement projects.
(ii) Water efficiency improvement and wet weather
infrastructure improvement.
(iii) Renewable energy projects with an electric
generating capacity of not more than 100 kilowatts.
(d) Assessments.--A municipality or a municipal authority
undertaking clean energy financing may assess the cost of the
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financing, plus reasonable administrative costs and at a
reasonable rate of interest, against property benefited or
improved thereby to the extent of such benefits, provided that
the assessments shall not be made unless all owners of such
property have consented in writing to the financing and
assessment. The municipality or a municipal authority may, by
ordinance or resolution, authorize payment of assessments in
equal installments over a fixed period of time.
(e) Claims.--Except as otherwise provided in this
subsection, claims to secure the payment of assessments shall be
entered in the prothonotary's office of the county at the same
time and in the same form and shall be filed and collected in
the same manner as municipal claims are filed and collected
pursuant to the act of May 16, 1923 (P.L.207, No.153), referred
to as the Municipal Claim and Tax Lien Law. Notwithstanding the
provisions of this section as to installment payments and the
collection thereof, the claim shall be filed for the entire
amount of the assessment.
(f) Default.--In the case of a default in the payment of any
installment, the municipality or municipal authority shall not
obtain a judgment or otherwise initiate collection proceedings
for any amount in excess of installments that are delinquent for
a period of 60 days after the date due plus reasonable attorney
fees and costs of collection as may be authorized by law.
(g) Subsequent owner.--A seller shall notify a subsequent
purchaser of the existence of a lien for the assessment. The
lien for the assessment must be satisfied upon conveyance of the
property.
Section 5. Effective date.
This act shall take effect immediately.
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