SENATE AMENDED
PRIOR PRINTER'S NOS. 1041, 1785, 3415 PRINTER'S NO. 3495
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1032
Session of
2023
INTRODUCED BY FIEDLER, KAUFER, GAYDOS, BOROWSKI, MALAGARI,
PISCIOTTANO, NEILSON, KRUEGER, OTTEN, KRAJEWSKI, INNAMORATO,
SCHLOSSBERG, T. DAVIS, D. WILLIAMS, VITALI, PROBST, GUENST,
HILL-EVANS, TAKAC, SMITH-WADE-EL, MADDEN, McANDREW, BRENNAN,
VENKAT, KHAN, GIRAL, KENYATTA, WAXMAN, HADDOCK, SANCHEZ,
HOWARD, KINSEY, WARREN, O'MARA, FLEMING, FREEMAN, SAMUELSON,
DALEY, STURLA, FRANKEL, CONKLIN, BRIGGS, N. NELSON, CERRATO,
SHUSTERMAN, DONAHUE, SALISBURY, KIM, PIELLI, GREEN, BOYD,
WEBSTER, CEPEDA-FREYTIZ, ISAACSON AND MAYES, APRIL 26, 2023
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, JULY 9, 2024
AN ACT
1 Establishing the Solar for Schools Grant Program; and providing
2 for powers and duties of the Department of Community and
3 Economic Development.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Solar for
8 Schools Act.
9 Section 2. Purpose. <--
10 The purpose of this act is to expand the use of solar energy
11 at school facilities in this Commonwealth to achieve the
12 following benefits:
13 (1) To help schools reduce their present and future
14 energy costs.
 1 (2) To increase the resiliency of school energy systems.
2 (3) To help schools reduce their emissions of carbon
3 dioxide and other pollutants.
4 (4) To grow employment through good-paying jobs in the
5 solar industry.
6 (5) To maximize the Inflation Reduction Act's solar
7 energy investment tax credit for Pennsylvania.
8 Section 3 2. Definitions. <--
9 The following words and phrases when used in this act shall
10 have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 "Department." The Department of Community and Economic
13 Development of the Commonwealth.
14 "Eligible applicant." Any of the following:
15 (1) A school district. <--
16 (2) An intermediate unit.
17 (3) An area career and technical school.
18 (4) A chartered school for the education of the deaf or
19 the blind.
20 (5) A community college.
21 (6) The Thaddeus Stevens College of Technology.
22 (7) The Pennsylvania College of Technology.
23 (1) A SCHOOL ENTITY AS DEFINED IN THE ACT OF MARCH 10, <--
24 1949 (P.L.30, NO.14), KNOWN AS THE PUBLIC SCHOOL CODE OF
25 1949, INCLUDING:
26 (I) A SCHOOL DISTRICT.
27 (II) AN INTERMEDIATE UNIT.
28 (III) AN AREA CAREER AND TECHNICAL SCHOOL.
29 (IV) A CHARTER SCHOOL.
30 (V) A CYBER CHARTER SCHOOL.
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 1 (VI) A REGIONAL CHARTER SCHOOL.
2 (2) A CHARTERED SCHOOL FOR THE EDUCATION OF THE DEAF OR
3 THE BLIND.
4 (3) A COMMUNITY COLLEGE.
5 (4) THE THADDEUS STEVENS COLLEGE OF TECHNOLOGY.
6 (5) THE PENNSYLVANIA COLLEGE OF TECHNOLOGY.
7 "Eligible project costs." The term includes costs related to
8 the purchase and installation of equipment, including prepayment <--
9 in whole or in part of a solar lease or power purchase
10 agreement, permit fees, energy storage, utility interconnection
11 and any other costs approved by the department DIRECTLY RELATED <--
12 TO A SOLAR ENERGY PROJECT.
13 "Inflation Reduction Act." The Inflation Reduction Act of
14 2022 (Public Law 117-169, 136 Stat. 1818).
15 "Program." The Solar for Schools Grant Program established
16 under section 4 3. <--
17 "QUALIFIED PROVIDER." A PERSON OR BUSINESS THAT IS CAPABLE <--
18 OF EVALUATING, RECOMMENDING, DESIGNING, IMPLEMENTING AND
19 INSTALLING A SOLAR ENERGY PROJECT.
20 "School facility." An educational building and surrounding
21 premises owned by an eligible applicant.
22 "Solar energy project." A project at a school facility
23 related to photovoltaic or solar thermal devices that convert,
24 transfer or store solar energy in or into usable forms of
25 thermal or electric energy.
26 "SOLAR FACILITY SITE ASSESSMENT." AN EVALUATION OF A SCHOOL <--
27 FACILITY PERFORMED BY A QUALIFIED PROVIDER TO ASCERTAIN WHETHER
28 A SCHOOL FACILITY IS CAPABLE OF SUPPORTING A SOLAR ENERGY
29 PROJECT AND ESTIMATES OF THE AMOUNTS BY WHICH AN ELIGIBLE
30 APPLICANT'S ENERGY OR OPERATING COSTS WILL BE REDUCED BY A SOLAR
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 1 ENERGY PROJECT.
2 Section 4 3. Solar for Schools Grant Program. <--
3 (a) Establishment.--The Solar for Schools Grant Program is
4 established in the department to award grants to eligible
5 applicants on a competitive basis to the extent that money is
6 appropriated for this purpose.
7 (b) Use of grants.--A grant awarded under this section shall
8 be used by the eligible applicant for eligible project costs
9 related to a solar energy project.
10 (c) Duties of department.--The department shall have the
11 following powers and duties TO THE EXTENT THAT MONEY IS <--
12 APPROPRIATED FOR SUCH PURPOSES:
13 (1) To establish guidelines necessary to implement this
14 act.
15 (2) To establish the process through which eligible
16 applicants may apply for grant money.
17 (3) To develop the minimum information to be included in <--
18 a solar feasibility STANDARDS FOR THE CONDUCT OF A SOLAR <--
19 FACILITY SITE assessment.
20 (4) To provide technical assistance to schools ELIGIBLE <--
21 APPLICANTS as appropriate, including, but not limited to,
22 conducting solar assessments. MAINTAINING A LIST OF QUALIFIED <--
23 PROVIDERS.
24 (5) To develop educational materials about using,
25 purchasing, financing and maintaining solar energy projects.
26 (6) TO DEVELOP A FINANCIAL RISK AND SAVINGS REPORT THAT <--
27 ALL SOLAR ENERGY PROJECTS APPROVED UNDER THIS ACT SHALL
28 UTILIZE AND UPDATE MONTHLY, TO BE USED BY THE ELIGIBLE
29 APPLICANT. THE FOLLOWING APPLY:
30 (I) THE REPORT SHALL BE SUBMITTED QUARTERLY AND
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 1 POSTED ON THE PUBLICLY ACCESSIBLE INTERNET WEBSITE OF THE
2 DEPARTMENT OF EDUCATION.
3 (II) THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED
4 TO, THE FOLLOWING:
5 (A) THE TOTAL COST OF THE SOLAR ENERGY PROJECT
6 BEFORE ANY DEDUCTIBLE AMOUNTS.
7 (B) THE TOTAL COST OF THE SOLAR ENERGY PROJECT
8 AFTER ANY DEDUCTIBLE AMOUNTS.
9 (C) AN ANALYSIS OF ENERGY AND COST SAVINGS,
10 INCLUDING A CALCULATION OF THE KILOWATTS PRODUCED BY
11 THE SOLAR ENERGY PROJECT MULTIPLIED BY THE CURRENT
12 COST OF ELECTRICITY PER KILOWATT HOUR, SUBTRACTED
13 FROM THE TOTAL COST OF ELECTRICITY DURING THE SAME
14 BILLING PERIOD FROM THE PREVIOUS YEAR.
15 (D) SOLAR RENEWABLE ENERGY CREDIT SALES AND
16 SAVINGS.
17 (E) OPERATIONS AND MAINTENANCE COSTS.
18 (6) (7) To provide information related to funding <--
19 opportunities through the Inflation Reduction Act.
20 (7) To enter into agreements with third-party entities, <--
21 including the Department of Environmental Protection, to
22 carry out the provisions of this act, including reviewing
23 applications and providing technical assistance.
24 (7) (8) TO ENSURE THAT A QUALIFIED PROVIDER THAT <--
25 PERFORMS A SOLAR FACILITY SITE ASSESSMENT FOR AN ELIGIBLE
26 APPLICANT MAY NOT CONTRACT WITH THE ELIGIBLE APPLICANT TO
27 COMPLETE THE SOLAR ENERGY PROJECT.
28 (d) Application.--An eligible applicant shall submit an
29 application on a form and in a manner as determined by the
30 department. The following apply:
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 1 (1) The application shall include the result of a solar
2 feasibility FACILITY SITE assessment conducted by a qualified <--
3 solar installer PROVIDER. <--
4 (2) The application shall include an affidavit to ensure <--
5 that a contractor or subcontractor performing construction,
6 reconstruction, demolition, repair or maintenance work on a
7 solar energy project funded under this act meets all of the
8 following requirements:
9 (i) Maintains all valid licenses, registrations or
10 certificates required by the Federal Government, the
11 Commonwealth or a local government entity that is
12 necessary to do business or perform applicable work.
13 (ii) Maintains compliance with the act of June 2,
14 1915 (P.L.736, No.338), known as the Workers'
15 Compensation Act, the act of December 5, 1936 (2nd
16 Sp.Sess., 1937 P.L.2897, No.1), known as the Unemployment
17 Compensation Law, and bonding and liability insurance
18 requirements as specified in the contract for the solar
19 energy project.
20 (iii) Has not defaulted on a project, declared
21 bankruptcy, been debarred or suspended on a project by
22 the Federal Government, the Commonwealth or a local
23 government entity within the previous three years.
24 (iv) Has not been convicted of a misdemeanor or
25 felony relating to the performance or operation of the
26 business of the contractor or subcontractor within the
27 previous 10 years.
28 (v) Has completed a minimum of the United States
29 Occupational Safety and Health Administration's 10-hour
30 safety training course or similar training sufficient to
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 1 prepare workers for any hazards that may be encountered
2 during their work.
3 (2) THE APPLICATION SHALL INCLUDE AN AFFIDAVIT TO ENSURE <--
4 THAT A CONTRACTOR OR SUBCONTRACTOR PERFORMING CONSTRUCTION,
5 RECONSTRUCTION, DEMOLITION OR REPAIR ON A SOLAR ENERGY
6 PROJECT FUNDED UNDER THIS ACT MEETS ALL OF THE FOLLOWING
7 REQUIREMENTS:
8 (I) MAINTAINS ALL VALID LICENSES, REGISTRATIONS OR
9 CERTIFICATES REQUIRED BY THE FEDERAL GOVERNMENT, THE
10 COMMONWEALTH OR A LOCAL GOVERNMENT ENTITY THAT IS
11 NECESSARY TO DO BUSINESS OR PERFORM APPLICABLE WORK.
12 (II) MAINTAINS COMPLIANCE WITH THE ACT OF JUNE 2,
13 1915 (P.L.736, NO.338), KNOWN AS THE WORKERS'
14 COMPENSATION ACT, THE ACT OF DECEMBER 5, 1936 (2ND
15 SP.SESS., 1937 P.L.2897, NO.1), KNOWN AS THE UNEMPLOYMENT
16 COMPENSATION LAW, AND BONDING AND LIABILITY INSURANCE
17 REQUIREMENTS AS SPECIFIED IN THE CONTRACT FOR THE SOLAR
18 ENERGY PROJECT.
19 (III) HAS NOT DEFAULTED ON A PROJECT, DECLARED
20 BANKRUPTCY, BEEN DEBARRED OR SUSPENDED ON A PROJECT BY
21 THE FEDERAL GOVERNMENT, THE COMMONWEALTH OR A LOCAL
22 GOVERNMENT ENTITY WITHIN THE PREVIOUS THREE YEARS.
23 (IV) HAS NOT BEEN CONVICTED OF A MISDEMEANOR OR
24 FELONY RELATING TO THE PERFORMANCE OR OPERATION OF THE
25 BUSINESS OF THE CONTRACTOR OR SUBCONTRACTOR WITHIN THE
26 PREVIOUS 10 YEARS.
27 (V) HAS COMPLETED A MINIMUM OF THE UNITED STATES
28 OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION'S 10-HOUR
29 SAFETY TRAINING COURSE OR SIMILAR TRAINING SUFFICIENT TO
30 PREPARE WORKERS FOR ANY HAZARDS THAT MAY BE ENCOUNTERED
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 1 DURING THEIR WORK.
2 (3) Prior to the time period established by the
3 department to submit an application, the department shall
4 solicit and fulfill requests for technical assistance from
5 eligible applicants.
6 (e) Prevailing wage requirement.-- <--
7 (1) An employer or contractor contracted to complete a
8 solar energy project under the program shall pay the
9 prevailing minimum wage and benefit rates for all crafts or
10 classifications performing construction, reconstruction,
11 demolition, alteration and repair work, other than
12 maintenance work, on the solar energy project as determined
13 by the Department of Labor and Industry under the act of
14 August 15, 1961 (P.L.987, No.442), known as the Pennsylvania
15 Prevailing Wage Act, and as bid under the act of May 1, 1913
16 (P.L.155, No.104), referred to as the Separations Act.
17 (2) If the department or the Department of Labor and
18 Industry determines that an eligible applicant that received
19 a grant under the program failed to comply with the
20 Pennsylvania Prevailing Wage Act or the Separations Act, the
21 eligible applicant must refund to the department the total
22 amount of grants awarded for the solar energy project.
23 (E) PAYMENT.--IF A GRANT IS AWARDED TO AN ELIGIBLE APPLICANT <--
24 FOR THE CONSTRUCTION, REHABILITATION, RENOVATION OR SITE WORK ON
25 A SCHOOL FACILITY, THE ELIGIBLE APPLICANT SHALL ENSURE THAT ALL
26 CONTRACTORS AND SUBCONTRACTORS ENGAGED DURING THE ON-SITE
27 CONSTRUCTION, RENOVATION, REHABILITATION, RECONSTRUCTION,
28 DEMOLITION, ALTERATION AND REPAIR WORK, OTHER THAN MAINTENANCE
29 WORK, ON ANY SEGMENT OF WORK AT THE SCHOOL FACILITY PAY TO THEIR
30 WORKERS NOT LESS THAN THE PREVAILING MINIMUM WAGE AND BENEFIT
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 1 RATES FOR ALL CRAFTS OR CLASSIFICATIONS, AS DETERMINED BY THE
2 DEPARTMENT OF LABOR AND INDUSTRY UNDER THE ACT OF AUGUST 15,
3 1961 (P.L.987, NO.442), KNOWN AS THE PENNSYLVANIA PREVAILING
4 WAGE ACT.
5 (F) PROJECT DELIVERY.--THE FOLLOWING APPLY:
6 (1) AN ELIGIBLE APPLICANT SHALL COMPLY WITH THE <--
7 CONTRACTING PROCEDURE UNDER THE ACT OF MAY 1, 1913 (P.L.155,
8 NO.104), REFERRED TO AS THE SEPARATIONS ACT. AN ELIGIBLE <--
9 APPLICANT THAT IS APPROVED FOR A SOLAR ENERGY PROJECT GRANT
10 UNDER THE PROGRAM SHALL USE THE CONTRACTING PROCEDURE UNDER
11 THE ACT OF MAY 1, 1913 (P.L.155, NO.104), REFERRED TO AS THE
12 SEPARATIONS ACT, OR UNDER THE GUARANTEED ENERGY SAVINGS ACT
13 FOR A SOLAR ENERGY PROJECT CONTEMPLATED BY THE PROGRAM,
14 EITHER SEPARATELY OR TOGETHER WITH OTHER ENERGY EFFICIENCY
15 IMPROVEMENTS CONTEMPLATED BY THE GUARANTEED ENERGY SAVINGS
16 ACT. A GRANT RECIPIENT THAT ELECTS TO USE CONTRACTING
17 PROCEDURES UNDER THE GUARANTEED ENERGY SAVINGS ACT MAY
18 CALCULATE ENERGY-RELATED COST SAVINGS AS DEFINED IN 62
19 PA.C.S. § 3752 (RELATING TO DEFINITIONS) BASED UPON THE COST
20 OF THE PROJECT AS REDUCED BY THE AMOUNT OF THE GRANT RECEIVED
21 UNDER THE PROGRAM. IF AN ELIGIBLE APPLICANT ELECTS TO USE
22 CONTRACTING PROCEDURES UNDER THE GUARANTEED ENERGY SAVINGS
23 ACT FOR AN APPROVED SOLAR ENERGY PROJECT, THE ELIGIBLE
24 APPLICANT SHALL BE EXEMPT FROM THE CONTRACTING REQUIREMENTS
25 UNDER THE SEPARATIONS ACT WITH REGARD TO THAT APPROVED SOLAR
26 ENERGY PROJECT.
27 (2) IF THE DEPARTMENT OR THE DEPARTMENT OF LABOR AND
28 INDUSTRY DETERMINES THAT AN ELIGIBLE APPLICANT THAT RECEIVED
29 A GRANT UNDER THE PROGRAM FAILED TO COMPLY WITH THE
30 SEPARATIONS ACT OR PENNSYLVANIA PREVAILING WAGE ACT, THE <--
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 1 ELIGIBLE APPLICANT SHALL REFUND TO THE DEPARTMENT THE TOTAL
2 AMOUNT OF GRANTS AWARDED FOR THE SOLAR ENERGY PROJECT.
3 (3) AS USED IN THIS SUBSECTION, THE TERM "GUARANTEED <--
4 ENERGY SAVINGS ACT" SHALL MEAN 62 PA.C.S. CH. 37 SUBCH. E
5 (RELATING TO GUARANTEED ENERGY SAVINGS CONTRACTS).
6 (f) (G) Grant limits.--An eligible applicant may receive a <--
7 grant of up to 50% of the eligible project costs for the solar
8 energy project.
9 (g) Grant awards.-- <--
10 (1) The department, in its discretion, may award in
11 whole or in part a request made by an eligible applicant in
12 its grant application based upon the merit of a specific
13 component requested.
14 (2) The department shall give preference in award
15 decisions to eligible applicants seeking funding under the
16 Inflation Reduction Act.
17 (3) The department shall give preference in award
18 decisions to eligible applicants in close proximity to coal-
19 powered electric generation plants that have closed or will
20 close within one year of the effective date of this
21 paragraph.
22 (4) The department may give preference in award
23 decisions to applications demonstrating t