An Act establishing the Municipal and Emergency Responder Solar Grant Program; and providing for powers and duties of the Department of Environmental Protection.

PRINTER'S NO. 216
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 272
Session of
2025
INTRODUCED BY MERSKI, FIEDLER, O'MARA, TAKAC, GIRAL, SANCHEZ,
GUENST, HILL-EVANS, SAPPEY, PIELLI, HOHENSTEIN, CIRESI,
HARKINS, SHUSTERMAN, VITALI, KRAJEWSKI, FREEMAN, OTTEN,
KENYATTA, HADDOCK, NEILSON, CERRATO, VENKAT, CEPEDA-FREYTIZ,
PROBST AND KHAN, JANUARY 22, 2025
REFERRED TO COMMITTEE ON ENERGY, JANUARY 22, 2025
AN ACT
Establishing the Municipal and Emergency Responder Solar Grant
Program; and providing for powers and duties of the
Department of Environmental Protection.
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 Municipal and
Emergency Responder Solar Act.
Section 2. 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:
"Department." The Department of Environmental Protection of
the Commonwealth.
"Eligible applicant." Any of the following:
(1) A political subdivision.
(2) A local authority.
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"Eligible facility." A political subdivision or emergency
service facility eligible to receive money under this act.
"Eligible project costs." The term includes costs related to
the purchase and installation of equipment, including prepayment
in whole or in part of a solar lease or power purchase
agreement, permit fees, energy storage, utility interconnection
and any other costs approved by the department.
"Emergency service facility." A building and surrounding
premises owned by an eligible applicant, a fire department,
police department or ambulance service company.
"Inflation Reduction Act." The Inflation Reduction Act of
2022 (Public Law 117-169, 136 Stat. 1818).
"Political subdivision." A county, city, borough,
incorporated town or township.
"Program." The Municipal and Emergency Responder Solar Grant
Program established under section 3.
"Solar energy project." A project at an eligible facility
related to photovoltaic or solar thermal devices that convert,
transfer or store solar energy in or into usable forms of
thermal or electric energy.
"Solar facility site assessment." An evaluation of a
possible location to ascertain whether it is safe and cost-
effective for installing a solar energy project.
Section 3. Municipal and Emergency Responder Solar Grant
Program.
(a) Establishment.--The Municipal and Emergency Responder
Solar Grant Program is established and shall be administered by
the department. The program shall award grants to eligible
applicants on a competitive basis to the extent that money is
appropriated for this purpose.
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(b) Use of grants.--A grant awarded under this act shall be
used by the eligible applicant for eligible project costs
related to a solar energy project.
(c) Duties of department.--The department shall have the
following powers and duties:
(1) To establish guidelines necessary to implement this
act.
(2) To establish the process through which eligible
applicants may apply for grant money under the program.
(3) To develop the minimum information to be included in
a solar facility site assessment.
(4) To provide technical assistance to an eligible
applicant or other entity represented by an eligible
applicant as appropriate, including conducting a solar
facility site assessment.
(5) To develop educational materials about using,
purchasing, financing and maintaining solar energy projects.
(6) To provide information related to funding
opportunities through the Inflation Reduction Act.
(7) To enter into agreements with third-party entities
if necessary, including the Department of Community and
Economic Development, to carry out this act, including
reviewing applications, and providing technical assistance
and conducting solar facility site assessments.
(d) Application.--An eligible applicant shall submit an
application on a form and in a manner as determined by the
department in accordance with the following:
(1) The application shall include the result of a solar
facility site assessment conducted by a qualified solar
installer.
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(2) The application shall include an affidavit to ensure
that a contractor or subcontractor performing construction,
reconstruction, demolition or repair on a solar energy
project funded under this act meets all of the following
requirements:
(i) Maintains all valid licenses, registrations or
certificates required by the Federal Government, the
Commonwealth or a local government entity that is
necessary to do business or perform applicable work.
(ii) Maintains compliance with the act of June 2,
1915 (P.L.736, No.338), known as the Workers'
Compensation Act, the act of December 5, 1936 (2nd
Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
Compensation Law, and bonding and liability insurance
requirements as specified in the contract for the solar
energy project.
(iii) Has not defaulted on a project, declared
bankruptcy, been debarred or suspended on a project by
the Federal Government, the Commonwealth or a local
government entity within the previous three years.
(iv) Has not been convicted of a misdemeanor or
felony relating to the performance or operation of the
business of the contractor or subcontractor within the
previous 10 years.
(v) Has completed a minimum of the United States
Occupational Safety and Health Administration's 10-hour
safety training course or similar training sufficient to
prepare workers for any hazards that may be encountered
during their work.
(3) Prior to the time period established by the
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department to submit an application, the department shall
solicit and fulfill requests for technical assistance from
eligible applicants.
(4) An eligible applicant may submit an application on
behalf of a fire department, police department or ambulance
service company.
(e) Prevailing wage requirement.--
(1) An employer or contractor contracted to complete a
solar energy project under the program shall pay the
prevailing minimum wage and benefit rates for all crafts or
classifications performing construction, reconstruction,
demolition, alteration and repair work, other than
maintenance work, on the solar energy project as determined
by the Department of Labor and Industry under the act of
August 15, 1961 (P.L.987, No.442), known as the Pennsylvania
Prevailing Wage Act.
(2) If the department or the Department of Labor and
Industry determines that an eligible applicant that received
a grant under the program failed to comply with the
Pennsylvania Prevailing Wage Act, the eligible applicant must
refund to the department the total amount of grants awarded
for the solar energy project.
(f) Project delivery.--An employer or contractor contracted
to complete a solar energy project under the program shall use
the contracting procedure under the act of May 1, 1913 (P.L.155,
No.104), referred to as the Separations Act, or through a power
purchase agreement with a third-party developer or under 62
Pa.C.S. Ch. 37 Subch. E (relating to guaranteed energy savings
contracts) for a solar project contemplated by the program
either separately or together with other energy efficiency
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improvements contemplated under 62 Pa.C.S. Ch. 37 Subch. E. For
purposes of determining "energy-related cost savings" as defined
under 62 Pa.C.S. § 3752 (relating to definitions), a grant
recipient may use the cost of the project as reduced by the
amount of the grant. Should an eligible applicant elect to use
contracting procedures under 62 Pa.C.S. Ch. 37 Subch. E or a
power purchase agreement, the eligible applicant shall be exempt
from contracting requirements under the Separations Act only for
projects approved under this act.
(g) Grant limits.--An eligible applicant may receive a grant
of up to 50% of the eligible project costs for a solar energy
project.
(h) Grant awards.--
(1) The department, in its discretion, may award in
whole or in part a request made by an eligible applicant in
its grant application based upon the merit of a specific
component requested.
(2) The department shall give preference in award
decisions to eligible applicants seeking funding under the
Inflation Reduction Act.
(3) The department shall give preference in award
decisions to eligible applicants within 50 miles of a coal-
powered electric generation plant that has closed or will
close within one year of the effective date of this
paragraph.
(4) The department may give preference in award
decisions to applications demonstrating the greatest amount
of solar energy projected to be produced relative to the
existing energy usage at the eligible facility proposed for
the solar energy project.
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(5) The department shall establish a minimum of three
regions of equal population within this Commonwealth for this
purpose and allocate an equal percentage of available money
to each region.
(6) A grant award received under this act shall not be
contingent upon the applicant committing to transfer
ownership of any solar renewable energy credits generated by
a solar energy project.
(7) A grant award received under this act shall be
contingent upon the eligible applicant retaining ownership of
the equipment, including photovoltaic or solar thermal
devices, related to the solar energy project at the onset of
the purchase and installation of the equipment or at the
conclusion of a power purchase agreement or lease agreement
with a third party.
(8) A grant award received under this act shall be
contingent upon the equipment, including photovoltaic or
solar thermal devices, related to the solar energy project
being produced or manufactured in the United States. For the
purpose of this paragraph, equipment shall be considered
produced or manufactured in the United States if at least 75%
of the articles, materials and supplies are produced or
manufactured in the United States, if available.
(i) Best practices.--An eligible applicant that receives a
grant under the program may use the energy cost savings from the
solar energy project to supplement, not supplant, existing
spending on eligible facility projects, including environmental
and health hazard remediation, indoor air quality improvements,
heating, ventilation and air conditioning upgrades, roof, window
and plumbing repairs or replacements and emergency repairs.
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(j) Guidelines.--Within 90 days of the effective date of
this subsection, the department shall publish the guidelines
required by subsection (c)(1) on the department's publicly
accessible Internet website.
(k) Audits.--The department may randomly audit and monitor
grant recipients to ensure the appropriate use of grant money
and compliance with this act and department guidelines.
(l) Administrative fee.--The department may use money
appropriated for the program to pay for the direct costs
associated with the administration of the program, including
providing technical assistance.
Section 4. Effective date.
This act shall take effect immediately.
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