Amendment vs bill House Amendment A04974 vs Printer's No. PN3171

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PRINTER'S NO.
H2338B3302A04974 MAB:MAC 06/12/24 #90 A04974 AMENDMENTS TO HOUSE BILL NO.
3171 THE GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.
2338 Sponsor:
2338 2024 INTD.
REPRESENTATIVE OLSOMMER Printer's No.
WILLIAMS, WEBSTER, CURRY, KRAJEWSKI, SCOTT, VITALI,EVANS, SANCHEZ, BOYD, DONAHUE, SHUSTERMAN, T.
3302 Amend Bill, page 3, line 30;
DAVIS, KENYATTA, BOROWSKI, ROZZI, SAPPEY AND GUENST, MAY 28, 2024 REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, MAY 28, 2024 AN ACT Amending the act of April 9, 1929 (P.L.177, No.175), entitled executive and administrative work of the Commonwealth by the Executive Department thereof and the administrative departments, boards, commissions, and officers thereof, including the boards of trustees of State Normal Schools, or Teachers Colleges;
page 4, lines 1 through 30;
abolishing, creating, reorganizing or authorizing the reorganization of certain administrative departments, boards, and commissions;
page 5, lines 1 through 6;
defining the powers and duties of the Governor and other executive and administrative officers, and of the several administrative departments, boards, commissions, and officers;
by striking out all of said lines on said pages and inserting Section 2.
fixing the salaries of the Governor, Lieutenant Governor, and certain other executive and administrative officers;
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:
providing for the appointment of certain administrative officers, and of all deputies and other assistants and employes in certain departments, boards, and commissions;
providing for judicial administration;
and of the deputies and all other assistants and employes ofion certain departments, boards and commissions shall be determined," in Energy Development Authority and emergency powers, further providing for definitions, for Energy Development Authority, for powers and duties and for authority indebtedness.
The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows:
Section 1.
The definitions of "cost" and "project" in section 2801-C of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929, are amended to read:
Section 2801-C.
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:
* * * "Cost" means the expense of construction and the expense of acquisition of all structures, equipment, fixtures, lands and other property rights and interests in land necessary to a project.
The term also includes the expense of demolishing, removing or relocating any buildings, equipment, fixtures or structures on lands acquired or to be acquired, including the expense of acquiring any lands to which such buildings, equipment, fixtures or structures may be moved or relocated;
storm water management;
sewage treatment, waste treatment and pollution control facilities;
[railroad sidings, spurs or branch lines;] all labor, materials, machinery, fixtures and equipment[, fixtures];
financing charges;
interest on all bonds prior to and during construction, and for a period of one year thereafter;
engineering, financial and legal services;
plans, specifications, studies, surveys necessary or incidental to determining the feasibility or practicability of constructing a project;
administrative expenses;
reserves for interest and for extension, enlargements, additions and improvements;
and such other expenses as may be necessary or incidental to the construction of the project and the placing of the same in operation[.], including expenses for energy audits, environmental and geotechnical surveys, permits and other necessary approvals, planning and financing.
20240HB2338PN3171 - 2 - * * * "Project" means [an] a structure, fixture, real and other property and property rights and interests, facility, undertaking or activity, entirely or largely located or 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 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 facilities and the conversion or technological improvement of industrial, commercial or agricultural systems to utilize Pennsylvania indigenous energy resources, including coal or renewable energy resources:
Provided, That no such facility unreasonably interferes with private waste recycling industries[.];
(4) the development, generation, conservation, management, delivery or storage of renewable energy resources for residential, commercial, industrial, governmental, agricultural, transportation or cogeneration use;
or (5) the strengthening of the resiliency of infrastructure that supports the development, generation, conservation, management, delivery, storage or efficient use of energy.
Section 2.
Section 2803-C(b)(1), (2), (3) and (4) and (d) of the act are amended and the section is amended by adding a 20240HB2338PN3171 - 3 - subsection to read:
Energy Development 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:
[Energy Development] Pennsylvania Opportunities with Energy Reliability Authority.--(a) There is hereby established the [Energy Development] Pennsylvania Opportunities with Energy Reliability Authority.
(1) [Nine] Five members to be appointed by the Governor[, one of whom shall be designated as chairman].
(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.
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Any appointed member of the authority shall be eligible for reappointment.
Any appointed member of the authority shall be eligible for reappointment.] (Reserved).
(2) The Secretary of Environmental [Resources] Protection or his designee.
* * * (8) The Consumer Advocate or his designee shall serve as a nonvoting member.
(3) The Secretary of [Banking] Conservation and Natural Resources or his designee.
(9) The Chairman of the Public Utility Commission or his designee shall serve as a nonvoting member.
(4) The Secretary of [Commerce] Community and Economic Development or his designee.
(10) The Secretary of Transportation or his designee.
[Ten] Eight directors attending shall constitute a quorum for the transaction of any business and at least [six] five votes shall be required to adopt any 20240HB2338PN3171 - 4 - action, except that at least [nine] seven votes shall be required to approve financial assistance for any project.
[Ten directors attending shall constitute a quorum for the transaction of any business and at 2024/90MAB/HB2338A04974 - 1 - 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.
(e) The Governor shall designate a member of the board to serve as chairperson.
Five members of the board shall constitute a quorum, and the following shall apply:
The members shall select from among themselves other officers as the members deem necessary.
(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:
Section 3.
(i) Adopting bylaws.
Section 2806-C(2), (11), (14) and (18) of the act are amended and the section is amended by adding paragraphs to read:
(ii) Hiring professionals.
Section 2806-C.
(iii) Authorizing bonds.
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:
(iv) Approving projects and contracts.
* * * (2) To have perpetual existence [for a term of fifty years, or until its existence shall be terminated by law].
(v) Adopting guidelines.
* * * (11) To lease, lease with an option to purchase, sell by installment sale or otherwise, or to otherwise dispose of, any or all of its projects, or any or all of its real and other property and property rights and interests necessary for a project, in whole or in part, for such rentals or amounts and upon such terms and conditions as the authority may deem proper.
(2) At its first meeting after the effective date of this subsection, the board shall elect a chairperson.
* * * (14) To make grants, loans and loan guarantees to fund [research] projects, including pilot programs for projects.
2024/90MAB/HB2338A04974 - 2 -
* * * (18) To receive appropriations and apply for and accept grants, gifts, donations, bequests and settlements from any 20240HB2338PN3171 - 5 - public, quasi-public, nonprofit or private source[.], including the Federal Government, the Commonwealth or any political subdivision of the Commonwealth, corporations, associations, partnerships, nonprofit corporations, charitable organizations, foundations, estates and individuals.
For purposes of this paragraph, a "grant" shall include the Federal tax refund generated by the authority's elective payment of an applicable tax credit under the Inflation Reduction Act of 2022 (Public Law 117-169, 136 Stat.
1818).
To the extent permitted by Federal law, a "grant" shall also include a tax credit, or the total or partial dollar value of a tax refund generated by the elective payment of a tax credit, that is transferred, assigned, paid, conveyed to or shared with the authority by a public, quasi- public, nonprofit or private entity.
Funds received by the authority shall be deposited in the Energy Development Fund and used for the purposes of the authority.
(19) To establish, through bylaws and any amendments to the bylaws, its fiscal year.
(20) To consider assistance to low-income and moderate- income individuals and disadvantaged communities, assistance to small businesses and local governmental entities and job creation, retention and training in establishing and effectuating its priorities.
(21) To plan, design, develop, finance, construct, own, operate, maintain and improve projects, including pilot programs for projects, either alone or jointly with other entities, provided that the authority, or a wholly owned subsidiary of the authority, shall maintain majority ownership of a project at all times unless or until it terminates its interest in the project consistent with this section.
The power under this paragraph 20240HB2338PN3171 - 6 - shall extend to projects on real property which the authority does not own or in which the authority does not have a property right or interest, subject to agreement by the owner of the real property, right or interest.
(22) To provide capital, leverage private capital, provide credit enhancements, make investments and provide other forms of financial assistance for the development or deployment of renewable energy resources in this Commonwealth, either directly or by contract with an external administrator acting under the oversight of the authority.
The authority or its contractor may invest in or finance projects alone or in conjunction with other investors such as community development financial institutions, insured credit unions and depository institutions and nonprofit organizations that perform lending activities.
Neither the authority or its contractor may provide typical banking functions or take deposits other than deposits from repayments and other revenue received from financial assistance provided under this section.
(23) To acquire, own, lease or maintain real and other property and property rights and interests necessary for a project.
(24) To apply for and receive, and assist a public, quasi- public, nonprofit or private entity in applying for and receiving, a Federal tax refund generated by the elective payment of an applicable tax credit under the Inflation Reduction Act of 2022.
The authority may charge a reasonable fee for providing assistance and shall deposit all fees collected into the Energy Development Fund to be used for the purposes of the authority.
Section 4.
Section 2807-C(j) introductory paragraph of the 20240HB2338PN3171 - 7 - act is amended to read:
Section 2807-C.
Authority Indebtedness.--* * * (j) In the event that the authority shall default in the payment of principal [of] or premium, if any, or interest on any issue of bonds after the principal premium or interest shall become due, whether at maturity, upon call for redemption or otherwise and such default shall continue for a period of thirty days or in the event that the authority shall fail or refuse to comply with the provisions of this act or shall default in any agreement made with the holders of the bonds, the holders of twenty-five percent (25%) in aggregate principal amount of the bonds then outstanding of such issues, by instrument or instruments filed in the Office of the Prothonotary of the Commonwealth Court, may appoint a trustee to represent the bondholders for the purpose herein provided.
Such trustee and any trustee under any indenture or other agreement, may, and upon written request of the holders of twenty-five percent (25%), or such other percentage as may be specified in any indenture or other agreement aforesaid, in principal amount of the particular issues of bonds then outstanding, shall, in his or its own name:
* * * Section 5.
This act shall take effect immediately.
20240HB2338PN3171 - 8 -