SB 832 — An Act amending the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, in Energy Development Authority and emergency powers, further providing for definitions and for Energy Development Authority; providing for Energy Development and Electric Generation Permit Review Program, for Accelerated Energy Development and Electric Generation Permit Review Program and for Pennsylvania Opportunities with Energy Reliability Authority Regulatory Waiver Program; and making editorial changes.

"AUTHORITY" MEANS THE [ENERGY DEVELOPMENT] PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

* * * "PROJECT" MEANS AN ACTIVITY, ENTIRELY OR LARGELY CONDUCTED IN PENNSYLVANIA, WHICH CANNOT BE EFFECTIVELY FUNDED USING PRIVATELY AVAILABLE RESOURCES, RELATING TO:

(1) BASIC AND APPLIED RESEARCH CONCERNING ENERGY USE, RENEWABLE ENERGY RESOURCES AND ENERGY EXTRACTION, TRANSMISSION, STORAGE OR CONVERSION;

(2) LIMITED SCALE OR LARGE-SCALE DEMONSTRATION OF INNOVATIVE OR COMMERCIALLY UNPROVEN TECHNOLOGY TO PROMOTE THE PRODUCTION, USE OR CONSERVATION OF ENERGY;

[OR] (3) ACTIVITIES TO PROMOTE OR REMOVE OBSTACLES TO THE UTILIZATION AND TRANSPORTATION OF PENNSYLVANIA ENERGY RESOURCES, INCLUDING BUT NOT LIMITED TO LIMITED SCALE SYNTHETIC FUEL 20230SB0832PN1567 - 6 - FACILITIES AND THE CONVERSION OR TECHNOLOGICAL IMPROVEMENT OF INDUSTRIAL, COMMERCIAL OR AGRICULTURAL SYSTEMS TO UTILIZE PENNSYLVANIA COAL OR RENEWABLE ENERGY RESOURCES:

PROVIDED, THAT NO SUCH FACILITY UNREASONABLY INTERFERES WITH PRIVATE WASTE RECYCLING INDUSTRIES[.];

(4) ENERGY GENERATION ACTIVITIES SEEKING REVIEW UNDER ARTICLE XXVIII-J, XXVIII-K OR XXVIII-L;

(5) A SMALL-SCALE ENERGY PROJECT THAT PROPOSES TO CONSTRUCT OR MODIFY AN ELECTRICITY GENERATOR WITH A NAMEPLATE CAPACITY OF LESS THAN 25 MEGAWATTS;

OR (6) A LARGE-SCALE ENERGY PROJECT THAT PROPOSES TO CONSTRUCT OR MODIFY AN ELECTRICITY GENERATOR WITH A NAMEPLATE CAPACITY EQUAL TO OR GREATER THAN 25 MEGAWATTS.

SECTION 3.

SECTION 2803-C HEADING, (A), (B)(1), (8) AND (9) AND (D) OF THE ACT ARE AMENDED AND SUBSECTION (B) IS AMENDED BY ADDING A PARAGRAPH TO READ:

SECTION 2803-C.

[ENERGY DEVELOPMENT] PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.--(A) THERE IS HEREBY ESTABLISHED THE [ENERGY DEVELOPMENT] PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

(B) THE AUTHORITY SHALL BE GOVERNED AND ALL OF ITS CORPORATE POWERS EXERCISED BY A BOARD OF DIRECTORS WHICH SHALL BE COMPOSED OF THE FOLLOWING INDIVIDUALS:

(1) [NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR, ONE OF WHOM SHALL BE DESIGNATED AS CHAIRMAN.

AT LEAST TWO MEMBERS SHALL BE MEMBERS OF THE GENERAL PUBLIC.

THE MEMBERS INITIALLY APPOINTED SHALL SERVE FOR TERMS OF TWO, THREE AND FOUR YEARS, RESPECTIVELY, THE PARTICULAR TERM OF EACH TO BE DESIGNATED BY THE GOVERNOR AT THE TIME OF APPOINTMENT.

THE TERMS OF ALL OF THEIR SUCCESSORS SHALL BE FOUR YEARS EACH, EXCEPT THAT ANY 20230SB0832PN1567 - 7 - PERSON APPOINTED TO FILL A VACANCY SHALL SERVE ONLY FOR THE UNEXPIRED TERM.

EVERY MEMBER'S TERM SHALL EXTEND UNTIL HIS SUCCESSOR IS APPOINTED AND QUALIFIED.

ANY APPOINTMENT OF A MEMBER OF THE AUTHORITY SHALL BE SUBJECT TO THE ADVICE AND CONSENT OF A MAJORITY OF ALL OF THE MEMBERS OF THE SENATE.

ANY APPOINTED MEMBER OF THE AUTHORITY SHALL BE ELIGIBLE FOR REAPPOINTMENT.] (RESERVED).

* * * (8) THE CONSUMER ADVOCATE OR HIS DESIGNEE SHALL SERVE AS A NONVOTING MEMBER.

(9) THE CHAIRMAN OF THE PUBLIC UTILITY COMMISSION OR HIS DESIGNEE SHALL SERVE AS A NONVOTING MEMBER.

(10) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.

* * * (D) THE BOARD OF DIRECTORS SHALL PROVIDE FOR THE HOLDING OF REGULAR AND SPECIAL MEETINGS.

[TEN DIRECTORS ATTENDING SHALL CONSTITUTE A QUORUM FOR THE TRANSACTION OF ANY BUSINESS AND AT LEAST SIX VOTES SHALL BE REQUIRED TO ADOPT ANY ACTION, EXCEPT THAT AT LEAST NINE VOTES SHALL BE REQUIRED TO APPROVE FINANCIAL ASSISTANCE FOR ANY PROJECT.] THE BOARD SHALL MEET AT LEAST TEN TIMES IN A CALENDAR YEAR.

FIVE MEMBERS OF THE BOARD SHALL CONSTITUTE A QUORUM, AND THE FOLLOWING SHALL APPLY:

(1) THE CONSENT OF AT LEAST FIVE MEMBERS OF THE BOARD, WITH AT LEAST FOUR OF THE CONSENTING MEMBERS BEING APPOINTED UNDER SUBSECTION (B)(6) AND (7), SHALL BE NECESSARY TO TAKE ACTION ON BEHALF OF THE AUTHORITY FOR ANY OF THE FOLLOWING:

(I) ADOPTING BYLAWS.

(II) HIRING PROFESSIONALS.

(III) AUTHORIZING BONDS.

(IV) APPROVING PROJECTS AND CONTRACTS.

20230SB0832PN1567 - 8 - (V) ADOPTING GUIDELINES.

(VI) APPROVING RECOMMENDATIONS AND APPLICATIONS UNDER ARTICLES XXVIII-J, XXVIII-K AND XXVIII-L.

(2) AT ITS FIRST MEETING AFTER THE EFFECTIVE DATE OF THIS SUBSECTION, THE BOARD SHALL ELECT A CHAIRPERSON.

SECTION 4.

SECTION 2806-C(8) OF THE ACT IS AMENDED TO READ:

SECTION 2806-C.

POWERS AND DUTIES.--THE AUTHORITY, AS A PUBLIC CORPORATION AND GOVERNMENTAL INSTRUMENTALITY EXERCISING PUBLIC POWERS OF THE COMMONWEALTH, IS HEREBY GRANTED AND SHALL HAVE AND MAY EXERCISE ALL POWERS NECESSARY OR APPROPRIATE TO CARRY OUT AND EFFECTUATE THE PURPOSES OF THIS ARTICLE, INCLUDING THE FOLLOWING POWERS, IN ADDITION TO OTHERS HEREIN GRANTED:

* * * (8) TO ACCEPT GRANTS FROM AND TO ENTER INTO CONTRACTS OR OTHER TRANSACTIONS WITH ANY FEDERAL AGENCY.

MONEY AWARDED TO THE AUTHORITY FROM THE FEDERAL GOVERNMENT SHALL BE CONSIDERED MONEY OF THE COMMONWEALTH AND SUBJECT TO APPROPRIATION BY THE GENERAL ASSEMBLY.

* * * SECTION 5.

THE ACT IS AMENDED BY ADDING ARTICLES TO READ:

ARTICLE XXVIII-J ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM (A) PRELIMINARY PROVISIONS SECTION 2801-J.

SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW.

SECTION 2802-J.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE 20230SB0832PN1567 - 9 - CONTEXT CLEARLY INDICATES OTHERWISE:

"ACCOUNT." THE ADVANCED PERMIT AND REGULATORY REVIEW PROGRAM ACCOUNT ESTABLISHED UNDER SECTION 2815-J.

"AUTHORITY." THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

"BOARD." THE BOARD OF DIRECTORS OF THE AUTHORITY.

"INITIAL APPLICATION." AN APPLICATION SUBMITTED TO A QUALIFYING STATE AGENCY WHICH SEEKS A PERMIT THAT IS NECESSARY FOR A SMALL-SCALE ENERGY PROJECT AND WHICH SEEKS ANY OF THE FOLLOWING:

(1) A NEW PERMIT.

(2) A PERMIT RENEWAL.

(3) A PERMIT AMENDMENT.

(4) A PERMIT MODIFICATION.

(5) A PERMIT TRANSFER.

(6) A CHANGE OF OWNERSHIP OF A PERMIT.

"NAMEPLATE CAPACITY." THE MAXIMUM ELECTRICAL OUTPUT IN MEGAWATTS THAT A GENERATOR CAN SUSTAIN OVER A SPECIFIED PERIOD OF TIME WHEN NOT RESTRICTED BY SEASONAL OR OTHER DERATINGS AS MEASURED IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF ENERGY STANDARDS.

"QUALIFIED LICENSED PROFESSIONAL." AN INDIVIDUAL WHO IS APPROVED BY THE BOARD TO CONDUCT PERMIT REVIEW ON BEHALF OF A QUALIFYING STATE AGENCY UNDER THE REVIEW PROGRAM.

"QUALIFYING STATE AGENCY." A STATE AGENCY AUTHORIZED BY STATUTE TO ISSUE PERMITS RELATED TO A SMALL-SCALE ENERGY PROJECT.

"REVIEW PETITION" OR "PETITION." A PETITION SUBMITTED TO THE BOARD UNDER SECTION 2814-J(A) SEEKING THIRD-PARTY REVIEW OF AN INITIAL APPLICATION FILED WITH A QUALIFYING STATE AGENCY, WHICH 20230SB0832PN1567 - 10 - MAY INCLUDE, IN ADDITION TO THE INITIAL APPLICATION, ANY OTHER DOCUMENTS CREATED DURING THE COURSE OF THE QUALIFYING STATE AGENCY'S CONSIDERATION OF THE INITIAL APPLICATION.

"REVIEW PETITIONER" OR "PETITIONER." AN INDIVIDUAL, CORPORATION, MUNICIPALITY, MUNICIPAL AUTHORITY OR POLITICAL SUBDIVISION THAT FILES A REVIEW PETITION WITH THE BOARD SEEKING THIRD-PARTY REVIEW OF AN INITIAL APPLICATION.

"REVIEW PROGRAM." THE ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM ESTABLISHED UNDER SECTION 2812- J.

"SMALL-SCALE ENERGY PROJECT." A PROJECT THAT PROPOSES TO CONSTRUCT OR MODIFY AN ELECTRICITY GENERATOR WITH A NAMEPLATE CAPACITY OF LESS THAN 25 MEGAWATTS.

(B) ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW SECTION 2811-J.

SCOPE OF SUBARTICLE.

THIS SUBARTICLE RELATES TO THE ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

SECTION 2812-J.

ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

(A) ESTABLISHMENT.--THE ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM IS ESTABLISHED IN THE AUTHORITY.

THE PURPOSE OF THE REVIEW PROGRAM SHALL BE TO PROVIDE AN ALTERNATIVE METHOD, THROUGH THE USE OF QUALIFIED LICENSED PROFESSIONALS, OF REVIEWING INITIAL APPLICATIONS FOR SMALL-SCALE ENERGY PROJECTS WHEN THE QUALIFYING STATE AGENCY HAS NOT ISSUED A DECISION TO APPROVE OR DENY AN INITIAL APPLICATION WITHIN THE TIME PERIOD PROVIDED FOR BY STATUTE, REGULATION OR AGENCY POLICY, OR WITHIN 120 DAYS, WHICHEVER OCCURS FIRST.

(B) (RESERVED).

20230SB0832PN1567 - 11 - (C) FEES.--THE BOARD SHALL ESTABLISH A FEE TO BE PAID UPON SUBMISSION OF A REVIEW PETITION, WHICH SHALL BE PAID IN ADDITION TO ANY FEES COLLECTED BY THE QUALIFYING STATE AGENCY IN CONNECTION WITH THE INITIAL APPLICATION.

FEES SHALL BE DEPOSITED INTO THE ACCOUNT.

IF THE BOARD'S COST OF REVIEWING THE REVIEW PETITION EXCEEDS THE SUM OF THE REVIEW PETITION FEE AND PERMIT FEE, THE AUTHORITY SHALL ASSESS AN ADDITIONAL FEE TO COVER ALL COSTS.

UPON PAYMENT OF A FEE UNDER THIS SUBSECTION, ANY FEES PAID TO A QUALIFYING STATE AGENCY SHALL BE RETURNED TO THE PETITIONER.

SECTION 2813-J.

SELECTION OF QUALIFIED LICENSED PROFESSIONALS.

(A) GENERAL RULE.--THE AUTHORITY SHALL, THROUGH A REQUEST FOR PROPOSALS PROCEDURE, SELECT QUALIFIED LICENSED PROFESSIONALS TO PERFORM A TECHNICAL REVIEW IN ACCORDANCE WITH THIS ARTICLE.

(B) ELIGIBILITY.--IN ORDER TO BE SELECTED AS A QUALIFIED LICENSED PROFESSIONAL, AN INDIVIDUAL MUST SATISFY THE FOLLOWING CRITERIA:

(1) BE A PROFESSIONAL ENGINEER, LAND SURVEYOR, GEOLOGIST, LANDSCAPE ARCHITECT OR OTHER LICENSED PROFESSIONAL, WHICH MAY BE NECESSARY TO REVIEW APPLICATIONS UNDER THE REVIEW PROGRAM.

(2) HAVE AT LEAST THREE YEARS OF RELEVANT PERMITTING EXPERIENCE IN THIS COMMONWEALTH.

(C) LIST TO BE COMPILED.--THE AUTHORITY SHALL COMPILE AND PUBLISH ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE A LIST OF APPROVED QUALIFIED LICENSED PROFESSIONALS.

THE AUTHORITY SHALL UPDATE THE LIST EVERY THREE YEARS.

SECTION 2814-J.

PERMIT REVIEW PROCEDURE.

(A) SUBMISSION OF REVIEW PETITION.--A PETITIONER MAY SUBMIT A REVIEW PETITION TO THE AUTHORITY FOR PERMIT REVIEW IF THE 20230SB0832PN1567 - 12 - PETITIONER HAS MADE INITIAL APPLICATION TO A QUALIFYING STATE AGENCY AND HAS NOT RECEIVED A DECISION ON THE INITIAL APPLICATION WITHIN THE TIME PERIOD PROVIDED FOR BY STATUTE, REGULATION OR AGENCY POLICY, OR WITHIN 120 DAYS, WHICHEVER OCCURS FIRST.

AFTER RECEIPT OF THE PETITION AND PAYMENT OF THE REQUIRED FEE, WITHIN 10 BUSINESS DAYS, IF THE BOARD DETERMINES THAT THE INITIAL APPLICATION AND THE PETITION MEET THE REQUIREMENTS OF THIS PARAGRAPH, THE BOARD SHALL REFER THE PETITION AND ANY OTHER DOCUMENTS SUBMITTED TO A QUALIFIED LICENSED PROFESSIONAL TO CONDUCT A TECHNICAL REVIEW.

(B) CONFLICTS.--THE BOARD MAY NOT REFER A PETITION TO A QUALIFIED LICENSED PROFESSIONAL UNDER THE REVIEW PROGRAM IF THE QUALIFIED LICENSED PROFESSIONAL HAS PERFORMED SERVICES FOR THE PETITIONER WITHIN THREE YEARS OF THE INITIAL APPLICATION BEING RECEIVED BY THE QUALIFYING STATE AGENCY OR ANY OTHER CONFLICTS OF INTEREST AS DETERMINED BY THE BOARD.

(C) TECHNICAL REVIEW BY QUALIFIED LICENSED PROFESSIONAL.-- (1) AFTER A PETITION HAS BEEN REFERRED UNDER SUBSECTION (A), THE QUALIFIED LICENSED PROFESSIONAL SHALL CONDUCT A TECHNICAL REVIEW AND, WITHIN THE TIME PERIOD PROVIDED FOR BY STATUTE, REGULATION OR AGENCY POLICY, OR WITHIN 120 DAYS, WHICHEVER OCCURS FIRST, PROVIDE A RECOMMENDATION TO THE BOARD THAT THE APPLICATION BE EITHER APPROVED OR DENIED.

(2) IF THE QUALIFIED LICENSED PROFESSIONAL FINDS ANY DEFICIENCY, THE QUALIFIED LICENSED PROFESSIONAL MAY REQUEST ADDITIONAL INFORMATION FROM THE PETITIONER.

(3) UPON RECEIPT OF A RECOMMENDATION FROM A QUALIFIED LICENSED PROFESSIONAL, THE BOARD SHALL VOTE TO ADOPT OR REJECT THE RECOMMENDATION OF THE QUALIFIED LICENSED PROFESSIONAL, EITHER AT ITS NEXT SCHEDULED MEETING OR WITHIN 20230SB0832PN1567 - 13 - 10 BUSINESS DAYS, WHICHEVER OCCURS FIRST.

(4) IF THE BOARD VOTES BY QUALIFIED MAJORITY TO ADOPT THE RECOMMENDATION, AN ORDER TO THAT EFFECT SHALL BE IMMEDIATELY TRANSMITTED TO THE QUALIFYING STATE AGENCY, DIRECTING THAT THE PERMIT OR PERMITS BE ISSUED OR DENIED IN ACCORDANCE WITH THE BOARD'S ORDER.

(5) IF THE BOARD VOTES TO REJECT THE QUALIFIED LICENSED PROFESSIONAL'S RECOMMENDATION TO DENY THE INITIAL APPLICATION, AN ORDER TO THAT EFFECT SHALL IMMEDIATELY BE TRANSMITTED TO THE QUALIFYING STATE AGENCY, DIRECTING THAT THE PERMIT OR PERMITS BE ISSUED IN ACCORDANCE WITH THE BOARD'S ORDER.

(6) COMMONWEALTH COURT SHALL HAVE ORIGINAL JURISDICTION OF ANY APPEALS OF BOARD ACTION FILED UNDER THE AUTHORITY OF THIS SUBARTICLE.

THE AUTHORITY SHALL DEFEND ALL APPEALS FILED UNDER THIS SUBARTICLE.

SECTION 2815-J.

PERMIT REVIEW AND REGULATORY WAIVER PROGRAM ACCOUNT.

THE PERMIT REVIEW AND REGULATORY WAIVER PROGRAM ACCOUNT IS ESTABLISHED AS A SEPARATE ACCOUNT WITHIN THE ENERGY DEVELOPMENT FUND.

THE FOLLOWING APPLY:

(1) THE ACCOUNT SHALL CONSIST OF FEES AND COSTS ASSESSED BY THE BOARD UNDER ARTICLES XXVIII-J, XXVIII-K AND XXVIII-L.

(2) MONEY IN THE ACCOUNT SHALL BE USED FOR THE ADMINISTRATION OF THE PROGRAMS ESTABLISHED UNDER ARTICLES XXVIII-J, XXVIII-K AND XXVIII-L IN ACCORDANCE WITH PROGRAM GUIDELINES ESTABLISHED BY THE BOARD.

SECTION 2816-J.

REPORT TO GENERAL ASSEMBLY.

THE AUTHORITY SHALL, NOT LATER THAN 12 MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION, SUBMIT A WRITTEN REPORT TO THE 20230SB0832PN1567 - 14 - GENERAL ASSEMBLY RELATING TO THE PROGRESS IN IMPLEMENTING THE REVIEW PROGRAM.

ARTICLE XXVIII-K ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM (A) PRELIMINARY PROVISIONS SECTION 2801-K.

SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

SECTION 2802-K.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"APPLICANT." AN INDIVIDUAL, CORPORATION, MUNICIPALITY, MUNICIPAL AUTHORITY OR POLITICAL SUBDIVISION THAT SUBMITS AN APPLICATION TO THE BOARD FOR A PERMIT THAT IS NECESSARY FOR A LARGE-SCALE ENERGY PROJECT.

"AUTHORITY." THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

"BOARD." THE BOARD OF DIRECTORS OF THE AUTHORITY.

"LARGE-SCALE ENERGY PROJECT." A PROJECT THAT PROPOSES TO CONSTRUCT OR MODIFY AN ELECTRIC GENERATOR WITH A NAMEPLATE CAPACITY EQUAL TO OR GREATER THAN 25 MEGAWATTS.

"NAMEPLATE CAPACITY." THE MAXIMUM ELECTRICAL OUTPUT IN MEGAWATTS THAT A GENERATOR CAN SUSTAIN OVER A SPECIFIED PERIOD OF TIME WHEN NOT RESTRICTED BY SEASONAL OR OTHER DERATINGS AS MEASURED IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF ENERGY STANDARDS.

"PERMIT APPLICATION." AN APPLICATION SUBMITTED TO THE BOARD WHICH SEEKS A PERMIT THAT IS NECESSARY FOR ANY OF THE FOLLOWING 20230SB0832PN1567 - 15 - RELATED TO A LARGE-SCALE ENERGY PROJECT:

(1) A NEW PERMIT.

(2) A PERMIT RENEWAL.

(3) A PERMIT AMENDMENT.

(4) A PERMIT MODIFICATION.

(5) A PERMIT TRANSFER.

(6) A CHANGE OF OWNERSHIP OF A PERMIT.

"PROGRAM." THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

"QUALIFYING STATE AGENCY." A STATE AGENCY AUTHORIZED BY STATUTE TO ISSUE PERMITS RELATED TO A LARGE-SCALE ENERGY PROJECT.

(B) ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM SECTION 2811-K.

SCOPE OF SUBARTICLE.

THIS SUBARTICLE RELATES TO THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

SECTION 2812-K.

ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM.

(A) ESTABLISHMENT.--THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM IS ESTABLISHED IN THE AUTHORITY.

THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE AN ACCELERATED METHOD, THROUGH THE USE OF QUALIFIED LICENSED PROFESSIONALS, OF REVIEWING PERMIT APPLICATIONS FOR LARGE-SCALE ENERGY PROJECTS THAT WOULD OTHERWISE BE SUBMITTED TO A STATE AGENCY AUTHORIZED BY STATUTE TO ISSUE THE PERMITS.

(B) FEES.--THE AUTHORITY SHALL ESTABLISH A FEE TO BE PAID UPON SUBMISSION OF A PERMIT APPLICATION.

IF THE BOARD'S COST OF REVIEWING THE APPLICATION EXCEEDS THE SUM OF THE FEE, THE AUTHORITY SHALL ASSESS AN ADDITIONAL FEE TO COVER ALL COSTS.

20230SB0832PN1567 - 16 - FEES SHALL BE DEPOSITED INTO THE PERMIT REVIEW AND REGULATORY WAIVER PROGRAM ACCOUNT ESTABLISHED UNDER SECTION 2815-J.

SECTION 2813-K.

SELECTION OF QUALIFIED LICENSED PROFESSIONALS.

(A) GENERAL RULE.--THE AUTHORITY SHALL, THROUGH A REQUEST FOR PROPOSALS PROCEDURE, SELECT QUALIFIED LICENSED PROFESSIONALS TO REVIEW PERMIT APPLICATIONS SUBMITTED UNDER THE PROGRAM.

(B) ELIGIBILITY.--IN ORDER TO BE SELECTED AS A QUALIFIED LICENSED PROFESSIONAL, AN INDIVIDUAL MUST SATISFY THE FOLLOWING CRITERIA:

(1) BE A PROFESSIONAL ENGINEER, LAND SURVEYOR, GEOLOGIST, LANDSCAPE ARCHITECT OR OTHER LICENSED PROFESSIONAL, WHICH MAY BE NECESSARY TO REVIEW APPLICATIONS UNDER THE PROGRAM.

(2) HAVE AT LEAST THREE YEARS OF RELEVANT PERMITTING EXPERIENCE IN THIS COMMONWEALTH.

(C) LIST TO BE COMPILED.--THE AUTHORITY SHALL COMPILE AND PUBLISH ON THE AUTHORITY'S PUBLICLY ACCESSIBLE INTERNET WEBSITE A LIST OF APPROVED QUALIFIED LICENSED PROFESSIONALS.

THE AUTHORITY SHALL UPDATE THE LIST EVERY THREE YEARS.

SECTION 2814-K.

ACCELERATED PERMIT REVIEW PROCEDURE.

(A) SUBMISSION OF PERMIT APPLICATION.--IN LIEU OF SUBMITTING A PERMIT APPLICATION RELATED TO A LARGE-SCALE ENERGY PROJECT TO THE QUALIFYING STATE AGENCY, AN APPLICANT MAY ELECT TO SUBMIT ITS PERMIT APPLICATION TO THE BOARD FOR ACCELERATED ENERGY PERMIT REVIEW BY A QUALIFIED LICENSED PROFESSIONAL.

THE FOLLOWING SHALL APPLY:

(1) AFTER RECEIPT OF THE PERMIT APPLICATION AND PAYMENT OF THE REQUIRED FEE, WITHIN 10 BUSINESS DAYS, THE BOARD SHALL REFER THE PETITION TO A QUALIFIED LICENSED PROFESSIONAL TO CONDUCT A REVIEW OF THE APPLICATION.

20230SB0832PN1567 - 17 - (2) THE BOARD MAY NOT REFER AN APPLICATION TO A QUALIFIED LICENSED PROFESSIONAL UNDER THE PROGRAM IF THE QUALIFIED LICENSED PROFESSIONAL HAS PERFORMED SERVICES FOR THE APPLICANT WITHIN THREE YEARS OF THE DATE OF SUBMISSION OF THE PERMIT APPLICATION TO THE BOARD OR ANY OTHER CONFLICT OF INTEREST HAS OCCURRED AS DETERMINED BY THE BOARD.

(B) (RESERVED).

(C) REVIEW BY QUALIFIED LICENSED PROFESSIONAL.-- (1) AFTER AN APPLICATION HAS BEEN REFERRED UNDER SUBSECTION (A), THE QUALIFIED LICENSED PROFESSIONAL SHALL CONDUCT A REVIEW OF THE PERMIT APPLICATION.

WITHIN THE STATUTORY TIME FRAME FOR SUCH A PERMIT OR WITHIN 120 DAYS, WHICHEVER IS LESS, THE QUALIFIED LICENSED PROFESSIONAL SHALL PRESENT ITS RECOMMENDATION TO THE BOARD.

(2) UPON RECEIPT OF A RECOMMENDATION FROM A QUALIFIED LICENSED PROFESSIONAL, THE BOARD SHALL VOTE TO ADOPT OR REJECT THE RECOMMENDATION OF THE QUALIFIED LICENSED PROFESSIONAL, EITHER AT ITS NEXT SCHEDULED MEETING OR WITHIN 10 BUSINESS DAYS, WHICHEVER OCCURS FIRST.

(3) IF THE BOARD VOTES TO ADOPT THE RECOMMENDATION, AN ORDER SHALL BE IMMEDIATELY TRANSMITTED TO THE QUALIFYING STATE AGENCY, DIRECTING THAT THE PERMIT OR PERMITS BE ISSUED OR DENIED IN ACCORDANCE WITH THE BOARD'S ORDER.

(4) IF THE BOARD VOTES TO REJECT THE QUALIFIED LICENSED PROFESSIONAL'S RECOMMENDATION TO DENY THE INITIAL APPLICATION, AN ORDER TO THAT EFFECT SHALL IMMEDIATELY BE TRANSMITTED TO THE QUALIFYING STATE AGENCY DIRECTING THAT THE PERMIT OR PERMITS BE ISSUED IN ACCORDANCE WITH THE BOARD'S ORDER.

(5) COMMONWEALTH COURT SHALL HAVE ORIGINAL JURISDICTION 20230SB0832PN1567 - 18 - OF ANY APPEALS OF BOARD ACTION FILED UNDER THE AUTHORITY OF THIS SUBARTICLE.

THE AUTHORITY SHALL DEFEND ALL APPEALS FILED UNDER THIS SUBARTICLE.

ARTICLE XXVIII-L PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY REGULATORY WAIVER PROGRAM SECTION 2801-L.

SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY REGULATORY WAIVER PROGRAM.

SECTION 2802-L.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"APPLICANT." AN INDIVIDUAL, CORPORATION, MUNICIPALITY, MUNICIPAL AUTHORITY OR POLITICAL SUBDIVISION THAT SUBMITS AN APPLICATION TO THE BOARD FOR A PERMIT THAT IS NECESSARY FOR A LARGE-SCALE ENERGY PROJECT.

"AUTHORITY." THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

"LARGE-SCALE ENERGY PROJECT." A PROJECT THAT PROPOSES TO CONSTRUCT OR MODIFY AN ELECTRIC GENERATOR WITH A NAMEPLATE CAPACITY EQUAL TO OR GREATER THAN 25 MEGAWATTS.

"NAMEPLATE CAPACITY." THE MAXIMUM ELECTRICAL OUTPUT IN MEGAWATTS THAT A GENERATOR CAN SUSTAIN OVER A SPECIFIED PERIOD OF TIME WHEN NOT RESTRICTED BY SEASONAL OR OTHER DERATINGS AS MEASURED IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF ENERGY STANDARDS.

"PARTICIPANT." A PERSON WHOSE APPLICATION TO THE BOARD SEEKING PARTICIPATION IN THE REGULATORY WAIVER PROGRAM HAS BEEN APPROVED.

20230SB0832PN1567 - 19 - "REGULATORY WAIVER." A WAIVER BY THE BOARD OF APPLICABLE REGULATIONS THAT WOULD OTHERWISE APPLY TO AN ENERGY PROJECT.

"REGULATORY WAIVER PROGRAM." THE REGULATORY WAIVER PROGRAM ESTABLISHED UNDER SECTION 2803-L.

SECTION 2803-L.

REGULATORY WAIVER PROGRAM.

THE REGULATORY WAIVER PROGRAM IS ESTABLISHED IN THE AUTHORITY.

SECTION 2804-L.

BOARD DUTIES.

(A) DUTIES.--THE BOARD SHALL ADMINISTER THE REGULATORY WAIVER PROGRAM IN ACCORDANCE WITH THIS ARTICLE AS FOLLOWS:

(1) THE BOARD SHALL CREATE AND POST TO ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE AN APPLICATION FORM TO BE SUBMITTED BY AN APPLICANT SEEKING PARTICIPATION IN THE REGULATORY WAIVER PROGRAM.

(2) AN APPLICANT SEEKING A REGULATORY WAIVER IN CONNECTION WITH A LARGE-SCALE ENERGY PROJECT SHALL SUBMIT THE APPLICATION TO THE BOARD FOR ITS CONSIDERATION.

(3) UPON RECEIPT OF AN APPLICATION, THE BOARD SHALL DO THE FOLLOWING:

(I) POST THE NAME OF THE APPLICANT AND EACH REGULATION FOR WHICH THE APPLICANT SEEKS A WAIVER TO THE BOARD'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(II) ADD THE APPLICATION TO ITS AGENDA FOR THE NEXT SCHEDULED PUBLIC MEETING OR WITHIN 45 DAYS, WHICHEVER IS SOONER.

(B) FEES.-- (1) THE BOARD SHALL ESTABLISH AN APPLICATION FEE.

(2) THE BOARD MAY ESTABLISH ADDITIONAL FEES TO COVER THE COSTS OF ADMINISTERING THE REGULATORY WAIVER PROGRAM.

(3) FEES SHALL BE DEPOSITED INTO THE PERMIT REVIEW AND 20230SB0832PN1567 - 20 - REGULATORY WAIVER PROGRAM ACCOUNT ESTABLISHED UNDER SECTION 2815-J.

(C) PUBLIC MEETING.-- (1) THE MEMBERS OF THE BOARD SHALL VOTE TO EITHER APPROVE OR DENY THE APPLICATION AT A PUBLIC MEETING.

THE BOARD SHALL TAKE PUBLIC COMMENT BEFORE VOTING.

(2) (RESERVED).

(C.1) JUDICIAL REVIEW.--THE DENIAL OF AN APPLICATION SUBMITTED UNDER THIS ARTICLE SHALL NOT BE SUBJECT TO JUDICIAL REVIEW.

(D) PUBLIC NOTICE.--THE BOARD SHALL PROVIDE PUBLIC NOTICE OF THE BOARD'S DECISION ON THE APPLICATION BY POSTING THE DECISION ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(E) PROHIBITION.--NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, THE BOARD MAY NOT ENTER INTO A WRITTEN AGREEMENT WITH AN APPLICANT WHICH WAIVES OR SUSPENDS A TAX, FEE OR CHARGE THAT IS ADMINISTERED BY THE DEPARTMENT OF REVENUE.

SECTION 2805-L.

EFFECT OF APPLICATION APPROVAL.

(A) GENERAL RULE.--IF THE BOARD APPROVES AN APPLICATION UNDER THIS ARTICLE, A PARTICIPANT SHALL NOT BE SUBJECT TO THE ENFORCEMENT OF THE REGULATIONS IDENTIFIED IN THE APPLICATION AND AS APPROVED BY THE BOARD FOR A WAIVER UNDER THIS ARTICLE.

THE FOLLOWING SHALL APPLY:

(1) A PROSECUTOR MAY NOT FILE OR PURSUE CHARGES AGAINST A PARTICIPANT FOR FAILURE TO COMPLY WITH A REGULATION THAT THE BOARD HAS APPROVED FOR WAIVER.

(2) A STATE AGENCY MAY NOT FILE OR PURSUE ANY PUNITIVE ACTION AGAINST A PARTICIPANT, INCLUDING A FINE OR LICENSE SUSPENSION OR REVOCATION, FOR THE PARTICIPANT'S VIOLATION OF A REGULATION THAT THE BOARD HAS APPROVED FOR WAIVER UNDER 20230SB0832PN1567 - 21 - THIS ARTICLE.

(B) CRIMINAL LIABILITY.--THE FOLLOWING SHALL APPLY:

(1) THE BOARD'S APPROVAL OF AN REGULATORY WAIVER SHALL NOT PROVIDE A PARTICIPANT WITH IMMUNITY FOR ANY VIOLATION UNDER 18 PA.C.S.

(RELATING TO CRIMES AND OFFENSES).

(2) A PARTICIPANT SHALL COMPLY WITH FEDERAL LAW AND REGULATIONS GOVERNING CONSUMER PROTECTION.

(C) BOARD LIABILITY.--THE BOARD AND ITS EMPLOYEES SHALL NOT BE LIABLE FOR ANY BUSINESS LOSS OR THE RECOUPING OF AN APPLICATION EXPENSE OR OTHER EXPENSE RELATED TO A REGULATORY WAIVER.

ARTICLE XXVIII-M INDEPENDENT ENERGY OFFICE SECTION 2801-M.

DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE:

"COMMITTEE." THE INDEPENDENT ENERGY OFFICE SELECTION AND ORGANIZATION COMMITTEE.

"COMMONWEALTH AGENCY." ANY OFFICE, DEPARTMENT, AUTHORITY, BOARD, MULTISTATE AGENCY OR COMMISSION OF THE EXECUTIVE BRANCH.

THE TERM INCLUDES:

(1) THE GOVERNOR'S OFFICE.

(2) THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT OF THE AUDITOR GENERAL AND THE TREASURY DEPARTMENT.

(3) AN INDEPENDENT AGENCY AS DEFINED IN 62 PA.C.S.

§ 103 (RELATING TO DEFINITIONS).

(4) A STATE-AFFILIATED ENTITY AS DEFINED IN 62 PA.C.S.

§ 103.

(5) THE GENERAL ASSEMBLY.

20230SB0832PN1567 - 22 - (6) THE UNIFIED JUDICIAL SYSTEM.

"DIRECTOR." THE DIRECTOR OF THE INDEPENDENT ENERGY OFFICE.

"OFFICE." THE INDEPENDENT ENERGY OFFICE ESTABLISHED UNDER SECTION 2802-M.

SECTION 2802-M.

OFFICE ESTABLISHED.

THE INDEPENDENT ENERGY OFFICE IS ESTABLISHED AS A NONPARTISAN INDEPENDENT AGENCY.

SECTION 2803-M.

DUTIES OF OFFICE.

(A) MANDATORY.--THE OFFICE SHALL:

(1) PLAN RECOMMENDATIONS THAT COVER COAL, NATURAL GAS AND OIL, ELECTRIC POWER, ENERGY EFFICIENCY, SOLAR, WIND, HYDRO, GEOTHERMAL, BIOMASS, LANDFILL GAS, RENEWABLE NATURAL GAS, NUCLEAR AND OTHER ENERGY TECHNOLOGIES.

(2) ANALYZE POLICIES, REGULATIONS AND LAWS THAT RELATE TO ENERGY GENERATION, PRODUCTION OR DISTRIBUTION AND SHARE RELEVANT ANALYSIS WITH THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY AND TO THE GENERAL ASSEMBLY.

(3) PROVIDE AT LEAST ONE STATEWIDE ENERGY REPORT EACH LEGISLATIVE SESSION PRESENTED TO THE GENERAL ASSEMBLY.

(4) FORMULATE AND REVIEW THE USE OF FOSSIL, RENEWABLE AND ENERGY EFFICIENCY INITIATIVES DESIGNED TO ADVANCE ENERGY RESOURCE DEVELOPMENT OPPORTUNITIES, INCLUDING INNOVATIVE TECHNOLOGIES, AND PROVIDE ENERGY SERVICES TO BUSINESSES, COMMUNITIES AND HOMEOWNERS IN THIS COMMONWEALTH.

(B) DISCRETIONARY.--THE OFFICE MAY:

(1) PROVIDE INDEPENDENT STUDIES ON OTHER STATE ENERGY POLICIES TO RECOMMEND TO THE COMMONWEALTH.

(2) TRACK ENERGY USE, PRODUCTION AND GENERATION STATISTICS FROM YEAR TO YEAR.

(3) WORK WITH THE GENERAL ASSEMBLY TO ESTABLISH A 20230SB0832PN1567 - 23 - STATEWIDE ENERGY PLAN.

SECTION 2804-M.

COMMITTEE.

THE INDEPENDENT ENERGY OFFICE SELECTION AND ORGANIZATION COMMITTEE IS ESTABLISHED WITHIN THE OFFICE.

THE COMMITTEE SHALL CREATE AND PUBLISH QUALIFICATIONS FOR DIRECTOR OF THE OFFICE.

THE COMMITTEE SHALL CONSIST OF THE FOLLOWING MEMBERS:

(1) THE PRESIDENT PRO TEMPORE OF THE SENATE.

(2) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES.

(3) THE MAJORITY LEADER OF THE SENATE.

(4) THE MINORITY LEADER OF THE SENATE.

(5) THE MAJORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

(6) THE MINORITY LEADER OF THE HOUSE OF REPRESENTATIVES.

(7) THE CHAIRPERSON OF THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE SENATE.

(8) THE MINORITY CHAIRPERSON OF THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE SENATE.

(9) THE CHAIRPERSON OF THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

(10) THE MINORITY CHAIRPERSON OF THE ENVIRONMENTAL RESOURCES AND ENERGY COMMITTEE OF THE HOUSE OF REPRESENTATIVES.

SECTION 2805-M.

APPOINTMENT.

(A) DIRECTOR.--THE OFFICE SHALL BE HEADED BY A DIRECTOR APPOINTED BY THE COMMITTEE BY MAY 30, 2025.

THE APPOINTMENT SHALL BE MADE WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF FITNESS TO PERFORM THE DUTIES OF THE OFFICE BASED ON QUALIFICATIONS PUBLISHED BY THE COMMITTEE.

(B) DEPUTY DIRECTOR.--THE DIRECTOR SHALL APPOINT A DEPUTY DIRECTOR WHO SHALL PERFORM SUCH DUTIES AS ASSIGNED BY THE DIRECTOR AND WHO SHALL, DURING THE ABSENCE OR INCAPACITY OF THE 20230SB0832PN1567 - 24 - DIRECTOR OR A VACANCY, ACT AS THE DIRECTOR.

(C) TERM.--THE TERM OF OFFICE OF THE DIRECTOR SHALL BE SIX YEARS.

AN INDIVIDUAL APPOINTED AS DIRECTOR TO FILL A VACANCY PRIOR TO THE EXPIRATION OF A TERM SHALL SERVE ONLY FOR THE UNEXPIRED PORTION OF THAT TERM.

AN INDIVIDUAL SERVING AS DIRECTOR AT THE EXPIRATION OF A TERM MAY CONTINUE TO SERVE UNTIL A SUCCESSOR IS APPOINTED.

(D) REMOVAL.--THE DIRECTOR MAY BE REMOVED BY A CONCURRENT RESOLUTION PASSED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES.

SECTION 2806-M.

POWERS AND DUTIES OF DIRECTOR.

(A) PERSONNEL.--THE DIRECTOR SHALL APPOINT AND FIX THE COMPENSATION OF PERSONNEL AS NECESSARY TO CARRY OUT THE DUTIES AND FUNCTIONS OF THE OFFICE.

ALL PERSONNEL OF THE OFFICE SHALL BE APPOINTED WITHOUT REGARD TO POLITICAL AFFILIATION AND SOLELY ON THE BASIS OF THEIR FITNESS TO PERFORM THEIR DUTIES.

(B) EXPERTS AND CONSULTANTS.--IN CARRYING OUT THE DUTIES AND FUNCTIONS OF THE OFFICE, THE DIRECTOR MAY PROCURE THE TEMPORARY OR INTERMITTENT SERVICES OF ATTORNEYS, EXPERTS OR CONSULTANTS OR ORGANIZATION THEREOF BY CONTRACT.

SECTION 2807-M.

RECORDS.

THE OFFICE SHALL BE A LEGISLATIVE AGENCY FOR PURPOSES OF THE ACT OF FEBRUARY 14, 2008 (P.L.6, NO.3), KNOWN AS THE RIGHT-TO- KNOW LAW.

SECTION 2807-M.

ACCESS TO INFORMATION.

THE DIRECTOR SHALL SECURE INFORMATION, DATA, REPORTS, STATISTICS OR OTHER RELEVANT INFORMATION FROM A COMMONWEALTH AGENCY OR POLITICAL SUBDIVISION.

A COMMONWEALTH AGENCY OR POLITICAL SUBDIVISION SHALL SUBMIT TO THE DIRECTOR INFORMATION WITHIN A REASONABLE AMOUNT OF TIME OF THE REQUEST TO ASSIST THE 20230SB0832PN1567 - 25 - DIRECTOR IN THE PERFORMANCE OF THE DUTIES OF THE OFFICE, OTHER THAN MATERIAL, THE DISCLOSURE OF WHICH WOULD BE A VIOLATION OF THE LAW.

SECTION 7.

UP TO $100,000 SHALL BE TRANSFERRED FROM THE ENERGY DEVELOPMENT FUND TO THE PERMIT REVIEW AND REGULATORY WAIVER PROGRAM ACCOUNT.

THIS SUM IS APPROPRIATED TO THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY FOR USE FOR START-UP COSTS RELATED TO THE ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW PROGRAM, THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT AND REGULATORY REVIEW PROGRAM AND THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY REGULATORY WAIVER PROGRAM.

SECTION 8.

ACTIVITIES INITIATED UNDER THE ENERGY DEVELOPMENT AUTHORITY SHALL CONTINUE AND REMAIN IN FULL FORCE AND EFFECT AND MAY BE COMPLETED UNDER THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

CONTRACTS, OBLIGATIONS, GRANT APPLICATIONS AND AGREEMENTS ENTERED INTO UNDER THE ENERGY DEVELOPMENT AUTHORITY ARE NOT AFFECTED NOR IMPAIRED BY THE RENAMING OF THE ENERGY DEVELOPMENT AUTHORITY TO THE PENNSYLVANIA OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

SECTION 9.

THIS ACT SHALL TAKE EFFECT IN 60 DAYS.

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