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PRIOR PRINTER'S NO. 3143 PRINTER'S NO. 3178
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2347
Session of
2026
INTRODUCED BY FIEDLER, O'MARA, STEELE, DOUGHERTY, WAXMAN, HILL-
EVANS, PROKOPIAK, D. WILLIAMS, MADDEN, SANCHEZ, PIELLI,
GIRAL, RIVERA, SCHLOSSBERG, KENYATTA, HANBIDGE, HOHENSTEIN,
NEILSON, BOROWSKI, MAYES, BOYD, INGLIS, CIRESI, CEPEDA-
FREYTIZ AND PARKER, APRIL 7, 2026
AS REPORTED FROM COMMITTEE ON ENERGY, HOUSE OF REPRESENTATIVES,
AS AMENDED, APRIL 13, 2026
AN ACT
Amending the act of April 9, 1929 (P.L.177, No.175), entitled
"An act providing for and reorganizing the conduct of the
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; abolishing, creating, reorganizing or
authorizing the reorganization of certain administrative
departments, boards, and commissions; defining the powers and
duties of the Governor and other executive and administrative
officers, and of the several administrative departments,
boards, commissions, and officers; fixing the salaries of the
Governor, Lieutenant Governor, and certain other executive
and administrative officers; 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
prescribing the manner in which the number and compensation
of the deputies and all other assistants and employes of
certain departments, boards and commissions shall be
determined," in energy development authority and emergency
powers, further providing for definitions, for Energy
Development Authority, for annual report, for powers and
duties and for authority indebtedness. REDESIGNATING THE
ENERGY DEVELOPMENT AUTHORITY TO THE ENERGY FINANCING
AUTHORITY; FURTHER PROVIDING FOR DEFINITIONS, FOR ENERGY
DEVELOPMENT AUTHORITY, FOR ANNUAL REPORT, FOR POWERS AND
DUTIES AND FOR AUTHORITY INDEBTEDNESS; AND MAKING EDITORIAL
CHANGES.
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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 1. THE HEADING OF ARTICLE XXVIII-C OF THE ACT OF
APRIL 9, 1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE
CODE OF 1929, IS AMENDED TO READ:
ARTICLE XXVIII-C
ENERGY [DEVELOPMENT] FINANCING AUTHORITY AND EMERGENCY POWERS
SECTION 2. THE DEFINITIONS OF "AUTHORITY," "COST" AND
"PROJECT" IN SECTION 2801-C OF THE ACT 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:
"AUTHORITY" MEANS THE ENERGY [DEVELOPMENT] FINANCING
AUTHORITY.
* * *
"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
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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.
* * *
"Project" means [an] a structure, fixture, real or other
property or property right or interest, 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
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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 on an individual or
aggregated basis; 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
subsection to read:
Section 2803-C. Energy Development Authority.--* * *
SECTION 3. THE ACT IS AMENDED BY ADDING A SECTION TO READ:
SECTION 2801.1-C. REDESIGNATION OF AUTHORITY.--(A) THE
ENERGY DEVELOPMENT AUTHORITY SHALL BE KNOWN AS THE ENERGY
FINANCING AUTHORITY.
(B) A REFERENCE IN A STATUTE, REGULATION, CONTRACT,
AGREEMENT, CERTIFICATION, REGISTRATION, APPLICATION OR LEGAL OR
GOVERNMENTAL DOCUMENT TO THE ENERGY DEVELOPMENT AUTHORITY SHALL
BE DEEMED TO BE A REFERENCE TO THE ENERGY FINANCING AUTHORITY.
(C) THE REDESIGNATION OF THE AUTHORITY UNDER SUBSECTION (A)
SHALL NOT AFFECT THE POWERS, DUTIES, OBLIGATIONS, RIGHTS,
LIABILITIES, CLAIMS, DEFENSES OR OFFICIAL ACTIONS OF THE
AUTHORITY. THE AUTHORITY MAY CONTINUE TO IDENTIFY ITSELF AS THE
ENERGY DEVELOPMENT AUTHORITY FOR THE PURPOSE OF LITIGATION
COMMENCED PRIOR TO THE EFFECTIVE DATE OF THIS SUBSECTION.
(D) A CERTIFICATE, CONTRACT, AGREEMENT, DEED, FORM,
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APPLICATION, LICENSE, PERMIT, NOTICE, CERTIFICATION,
REGISTRATION, STATIONERY OR OTHER DOCUMENT ISSUED, EXECUTED OR
USED BY THE AUTHORITY UNDER THE NAME ENERGY DEVELOPMENT
AUTHORITY SHALL REMAIN VALID AND EFFECTIVE UNTIL REVISED,
REPLACED OR EXHAUSTED. THE AUTHORITY MAY CONTINUE TO USE THE
NAME ENERGY DEVELOPMENT AUTHORITY ON DOCUMENTS, MATERIALS AND
OTHER PROPERTY UNTIL THE AUTHORITY DETERMINES THAT REPLACEMENT
IS APPROPRIATE IN THE ORDINARY COURSE OF BUSINESS.
(E) THE AUTHORITY SHALL NOT BE REQUIRED TO REPLACE SIGNAGE,
ELECTRONIC SYSTEMS OR OTHER MATERIALS SOLELY TO REFLECT THE
REDESIGNATION UNDER SUBSECTION (A), BUT MAY MAKE THOSE CHANGES
IN THE ORDINARY COURSE OF BUSINESS OR AS PART OF A SCHEDULED
UPGRADE, REPLACEMENT OR MAINTENANCE CYCLE.
SECTION 4. SECTION 2803-C HEADING, (A), (B)(1), (2), (3) AND
(4) AND (D) OF THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY
ADDING A SUBSECTION TO READ:
SECTION 2803-C. ENERGY [Development] FINANCING AUTHORITY.--
(A) THERE IS HEREBY ESTABLISHED THE ENERGY [Development]
FINANCING 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] Five 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 person appointed to fill a vacancy shall serve only for the
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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.
(2) The Secretary of Environmental [Resources or his]
Protection or the secretary's designee.
(3) The Secretary of [Banking or his] Conservation and
Natural Resources or the secretary's designee.
(4) The Secretary of [Commerce or his] Community and
Economic Development or the secretary's designee.
* * *
(d) The board of directors shall provide for the holding of
regular and special meetings. [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
action, except that at least [nine] seven votes shall be
required to approve financial assistance for any project.
(e) The Governor shall designate a member of the board to
serve as chairperson. The members shall select from among
themselves other officers as the members deem necessary.
Section 3. Section 2805-C of the act is amended to read:
SECTION 5. SECTION 2805-C OF THE ACT IS AMENDED TO READ:
Section 2805-C. Annual Report.--The board shall make an
annual report of the authority's activities for the preceding
fiscal year not later than one hundred [twenty] eighty days
after the conclusion thereof to the Governor and the General
Assembly. Each such report shall contain a statement of
activities and a complete operating and financial statement
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covering the operations of the authority during such year.
Section 4. Section 2806-C(2), (11), (14) and (18) of the act
are amended and the section is amended by adding paragraphs to
read:
SECTION 6. SECTION 2806-C(1), (2), (11), (14) AND (18) OF
THE ACT ARE AMENDED AND THE SECTION IS AMENDED BY ADDING
PARAGRAPHS 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:
* * *
(1) TO CONDUCT EXAMINATIONS AND INVESTIGATIONS AND TO TAKE
TESTIMONY, UNDER OATH OR AFFIRMATION, AT PUBLIC OR PRIVATE
HEARINGS, ON ANY MATTER MATERIAL FOR ITS INFORMATION AND
NECESSARY TO THE DETERMINATION AND APPROVAL OF ENERGY
[DEVELOPMENT] FINANCING PROJECT LOAN APPLICATIONS.
[(2) To have existence for a term of fifty years, or until
its existence shall be terminated by law.]
(2.1) To have existence until the later of ten years after
the effective date of this paragraph or one hundred eighty days
after the authority finally pays and discharges all debts, bonds
and other liabilities, including all interest due on the debts,
bonds and other liabilities, and settles all other outstanding
claims against the authority .
* * *
(11) To lease, lease with an option to purchase, sell by
installment sale or otherwise, or to otherwise dispose of, any
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or all of its projects, or any or all of its real or other
property or property rights or 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.
* * *
(14) To [make grants] provide grants, loans, loan
guarantees, rebates and dividends to fund [research] or support
projects, including pilot programs for projects.
* * *
(18) To receive appropriations and apply for and accept
grants, gifts, donations, bequests and settlements from any
public, quasi-public, nonprofit or private source[.], including
the Federal Government, the Commonwealth or any political
subdivision of the Commonwealth, corporation, association,
partnership, nonprofit corporation, charitable organization,
foundation, estate or individual. Funds received by the
authority shall be deposited in the Energy Development Fund and
used for the purposes of the authority. As used in this
paragraph, the term "grant" includes all of the following:
(i) The tax refund generated by the authority's elective
payment of an applicable Federal tax credit.
(ii) To the extent permitted by Federal law, 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.
(19) To establish, through bylaws and amendments to the
bylaws, the authority's fiscal year.
(20) To consider assistance to low-income and moderate-
income individuals and disadvantaged communities, assistance to
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small businesses and local governmental entities and job
creation, retention and training in establishing and
effectuating the authority's priorities.
(21) To plan, design, develop, finance, construct, own,
operate, maintain and improve projects, including pilot programs
for projects, either alone or jointly with another entity, if
the authority or a wholly owned subsidiary of the authority
maintains majority ownership of a project at all times unless or
until the authority terminates its interest in the project
consistent with this section. This paragraph shall apply to a
project on real property that 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, facilitate the packaging of savings
generated by individual energy management devices into
marketable securities, make investments and provide other forms
of financial assistance to support 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, including community
development financial institutions, insured credit unions,
depository institutions and nonprofit organizations that perform
lending activities. Except as otherwise provided in this act,
neither the authority nor its contractor may provide typical
banking functions or accept deposits other than deposits from
repayments and other revenue received from financial assistance
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provided under this section.
(23) To acquire, own, lease or maintain real or other
property or property rights or 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 Federal tax credit. The authority may charge a
reasonable fee for assistance provided under this paragraph and
shall deposit fees collected under this paragraph into the
Energy Development Fund for the purposes of the authority.
Section 5. Section 2807-C(j) introductory paragraph of the
act is amended to read:
SECTION 7. SECTIONS 2807-C(J) INTRODUCTORY PARAGRAPH, 2809-C
HEADING, (A) INTRODUCTORY PARAGRAPH AND (B) AND 2811-C(A) AND
(C) OF THE ACT ARE 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
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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 2809-C. ENERGY [DEVELOPMENT] FINANCING PLAN.--(A)
IN ORDER TO DEVISE THE MOST EFFECTIVE STRATEGY FOR PROVIDING THE
FINANCIAL AND TECHNICAL ASSISTANCE AUTHORIZED IN THIS ARTICLE,
THE AUTHORITY SHALL PUBLISH, WITHIN ONE HUNDRED EIGHTY DAYS OF
THE EFFECTIVE DATE OF THIS ACT, A PLAN FOR THE ALLOCATION AND
DISTRIBUTION OF FINANCIAL AND TECHNICAL ASSISTANCE. THE ENERGY
[DEVELOPMENT] FINANCING PLAN SHALL:
* * *
(B) THE AUTHORITY SHALL HOLD PUBLIC HEARINGS AT LOCATIONS
THROUGHOUT THE COMMONWEALTH TO RECEIVE COMMENTS UPON AND
SUGGESTIONS FOR THE IMPROVEMENT OF THE ENERGY [DEVELOPMENT]
FINANCING PLAN. THESE HEARINGS SHALL BE CONCLUDED WITHIN NINETY
DAYS OF THE PUBLICATION OF THE INITIAL PLAN. NOT MORE THAN
NINETY DAYS FOLLOWING THE COMPLETION OF HEARINGS, THE AUTHORITY
SHALL PROMULGATE ITS FINAL ENERGY [DEVELOPMENT] FINANCING PLAN.
SECTION 2811-C. FUNDING OF THE AUTHORITY.--(A) THE SUM OF
TWO MILLION DOLLARS ($2,000,000) IS HEREBY SPECIFICALLY
APPROPRIATED TO THE AUTHORITY TO BE DEPOSITED IN A SPECIAL
ACCOUNT TO BE CREATED IN THE TREASURY OF THE COMMONWEALTH TO BE
KNOWN AS THE ENERGY [DEVELOPMENT] FINANCING FUND. THE FUND SHALL
BE USED TO PREPARE THE ENERGY [DEVELOPMENT] FINANCING PLAN, TO
PAY FOR INITIAL ADMINISTRATIVE COSTS ASSOCIATED WITH INITIAL
BOND ISSUES, TO MAKE GRANTS FOR LIMITED RESEARCH, AND PURSUANT
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TO THIS ACT TO ESTABLISH SUCH RESERVES AS IN THE JUDGMENT OF THE
AUTHORITY WITH RESPECT TO LOANS GUARANTEED OR BONDS ISSUED BY
THE AUTHORITY MAY BE NECESSARY OR DESIRABLE OR TO ACCOMPLISH ANY
OTHER OF ITS CORPORATE PURPOSES.
* * *
(C) AT ANY TIME THAT THE AUTHORITY SHALL DETERMINE THAT
FUNDS HELD FOR THE CREDIT OF THE ENERGY [DEVELOPMENT] FINANCING
FUND ARE IN EXCESS OF THE AMOUNT NEEDED TO CARRY OUT THE
PURPOSES OF THIS ARTICLE, THE AUTHORITY SHALL TAKE SUCH ACTION
AS SHALL BE REQUIRED TO RELEASE SUCH EXCESS FROM THE FUND AND
TRANSFER THE SAME TO THE GENERAL FUND OF THE STATE TREASURY.
Section 6 8. This act shall take effect immediately.
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