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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PYLE, ADOLPH, BELFANTI, BEYER, BRADFORD, CALTAGIRONE, CAUSER, CREIGHTON, CUTLER, DALEY, EVERETT, GEIST, GEORGE, GINGRICH, GROVE, HARHAI, HARKINS, HELM, HORNAMAN, HUTCHINSON, M. KELLER, KILLION, MARSHALL, MARSICO, MELIO, METZGAR, MILLARD, MILNE, MURPHY, MURT, M. O'BRIEN, O'NEILL, PETRARCA, PICKETT, RAPP, READSHAW, REESE, REICHLEY, ROCK, SEIP, SIPTROTH, SONNEY, STEVENSON, SWANGER, J. TAYLOR, VULAKOVICH, WANSACZ AND YOUNGBLOOD, APRIL 27, 2010 |
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| REFERRED TO COMMITTEE ON FINANCE, APRIL 27, 2010 |
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| AN ACT |
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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," in sales and use tax, further providing for |
11 | exclusions from tax. |
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 a clause to read: |
17 | Section 204. Exclusions from Tax.--The tax imposed by |
18 | section 202 shall not be imposed upon any of the following: |
19 | * * * |
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1 | (69) The sale at retail or use, purchased during the |
2 | exclusion period, of any of the following appliances or |
3 | products, provided that the appliance or product has been |
4 | certified as in compliance with and qualifies as an Energy Star |
5 | product pursuant to the Environmental Protection Agency and the |
6 | Department of Energy, Energy Star Program and bears the Energy |
7 | Star label: |
8 | (i) A standard consumer clothes washer designed for common |
9 | household use. |
10 | (ii) A standard consumer refrigerator designed for common |
11 | household use. |
12 | (iii) A soft-mount, front-loading or soft-mount, top-loading |
13 | clothes washer that is designed for use by the occupants of more |
14 | than one household, including multifamily housing common areas |
15 | and coin laundries. |
16 | (iv) A ceiling fan. |
17 | (v) A ceiling fan light kit that contains equipment to |
18 | either hardwire a light to a ceiling fan or attach a light to a |
19 | ceiling fan provided that the equipment is included at the time |
20 | of sale or is sold separately for subsequent attachment to the |
21 | fan. |
22 | (vi) A room air conditioner. |
23 | (vii) An air source heat pump. |
24 | (viii) A dehumidifier. |
25 | (ix) A geothermal heat pump. |
26 | (x) A central air conditioner. |
27 | (xi) A ventilation fan. |
28 | (xii) A standard consumer dishwasher designed for common |
29 | household use. |
30 | (xiii) A programmable thermostat. |
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1 | (xiv) A compact fluorescent light bulb. |
2 | (xv) A lighting control that includes an occupancy sensor, |
3 | photocell or timer. |
4 | (xvi) An oil or gas furnace. |
5 | (xvii) An oil or gas boiler. |
6 | For purposes of this clause, "exclusion period" means the first |
7 | full calendar week of May 2010, October 2010, May 2011 and |
8 | October 2011. For purposes of this clause, "Energy Star" means a |
9 | voluntary labeling program established by the Environmental |
10 | Protection Agency and the Department of Energy designed to |
11 | identify and promote energy-efficient products. The exclusion |
12 | does not include the leasing, rental, repair or servicing of |
13 | this property. For purposes of this clause, "purchaser" means an |
14 | individual who places an order and pays the purchase price by |
15 | cash or credit during the exclusion period even if delivery |
16 | takes place after the exclusion period. |
17 | Section 2. The Department of Revenue shall promulgate |
18 | regulations it deems necessary to implement the provisions of |
19 | this act and shall cooperate with the Department of |
20 | Environmental Protection in ensuring adherence to any energy and |
21 | environmental standards or criteria associated with this act. |
22 | Section 3. This act shall take effect immediately. |
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