PRIOR PRINTER'S NO. 2910, 3193 PRINTER'S NO. 3435
No. 2268 Session of 1980
INTRODUCED BY MESSRS. STAIRS, B. F. O'BRIEN, J. L. WRIGHT, JR.,
D. M. FISHER, HELFRICK, LEHR, YAHNER, McCALL, ITKIN, SEVENTY,
BURNS, WASS, BELARDI, McKELVEY, SWIFT, LEVI, L. E. SMITH,
TELEK, SWEET, BOWSER AND F. TAYLOR, FEBRUARY 13, 1980
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 2, 1980
AN ACT
1 Relating to emergency powers and duties of the Governor in the
2 event of an energy or fuel supply emergency or an energy
3 resource shortage, supply or distribution problem and
4 prescribing penalties.
5 The Legislature finds and declares that the exercise of
6 energy or fuel conservation powers by the Governor following the
7 declaration of an emergency caused by or related to the use of
8 energy or fuel supplies is a matter of exclusive Statewide
9 concern.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title.
13 This act shall be known and may be cited as the "Energy
14 Emergency Act."
15 Section 2. Definitions.
16 The following words and phrases when used in this act shall
17 have, unless the context clearly indicates otherwise, the
1 meanings given to them in this section:
2 "Energy or fuel supply emergency." A state of emergency
3 declared by proclamation of the Governor, within 24 hours after
4 the occurrence of an energy resource shortage or supply or
5 distribution problem, resulting because of an absence of
6 availability or a critically reduced supply of any energy
7 resource which cannot be satisfactorily alleviated or resolved
8 by or under the authority of State regulatory authorities having
9 jurisdiction over such energy resources, so as to jeopardize the
10 health, safety, welfare and economic well-being of the
11 inhabitants of this Commonwealth.
12 "Energy resource." Any force or material which yields or has
13 the potential to yield energy, including but not limited to
14 electrical, fossil and nuclear sources.
15 Section 3. Declaration of energy or fuel supply emergency.
16 (a) Declaration.--In the event that the threat or danger of
17 an energy or fuel supply emergency situation is imminent, the
18 Governor may, after consultation with the Lieutenant Governor
19 and the Executive Director of the Governor's Energy Council,
20 declare a state of energy or fuel supply emergency.
21 (b) Effective period.--The emergency powers enumerated
22 hereunder shall be effective for a 90-day period after the
23 Governor proclaims a state of energy or fuel supply emergency.
24 (c) Termination.--Emergency powers shall terminate at the
25 end of the 90-day period unless renewed or extended by the
26 General Assembly in regular or extraordinary session, and all
27 executive orders, rules, proclamations and regulations issued
28 hereunder shall be void after said powers have terminated. The
29 General Assembly may by concurrent resolution terminate a state
30 of energy or fuel supply emergency at any time after the
19800H2268B3435 - 2 -
1 declaration of the emergency by the Governor.
2 Section 4. Governor's powers.
3 After proclamation of a state of energy or fuel supply
4 emergency, the Governor shall have the power to issue executive
5 orders, rules, proclamations and regulations pursuant to which
6 he or his designees may:
7 (1) Implement fuel conservation programs to mitigate the
8 adverse effect of fuel shortages.
9 (2) Cooperate in establishment and implementation of
10 regional programs and agreements for the purpose of
11 coordinating State fuel programs and actions with those of
12 the Federal Government and other states.
13 (3) Implement programs to reduce fuel usage by State
14 agencies.
15 (4) Implement programs to promote conservation,
16 prevention of waste, and salvage of fuel supplies and
17 resources by State agencies.
18 (5) Implement programs to encourage increased production
19 of fuel products.
20 (6) Establish and implement programs, controls,
21 standards, priorities, and quotas for the allocation,
22 conservation and consumption of fuel.
23 (7) Suspend or modify existing State standards and
24 requirements affecting or affected by the use of fuel,
25 including those related to AIR QUALITY CONTROL. <--
26 (i) Air quality control. <--
27 (ii) Type and composition of various fuels.
28 (iii) Production and distribution of energy
29 resources.
30 (iv) Suspend rules and regulations which are
19800H2268B3435 - 3 -
1 counter-productive to the conservation and efficient
2 utilization of fuel within the State.
3 (8) Request any trade and business information from:
4 fuel resource producers and suppliers, public agencies,
5 consumers and political subdivisions. This information may
6 include sales volumes by customer classification, forecasts
7 of fuel resource and supply requirements, forecasts of fuel
8 demand requirements and other information needed by him to
9 perform his duties.
10 (9) Order specific restrictions on the use and sale of
11 energy resources such as restrictions on the interior
12 temperature of public, commercial, industrial and school
13 buildings, restrictions on the hours and days during which
14 public, commercial, industrial and school buildings may be
15 open, restrictions on lighting levels in public, commercial,
16 industrial and school buildings, restrictions on the use of
17 display and decorative lighting, restrictions on the use of
18 privately owned vehicles or a reduction in speed limits,
19 restrictions on the use of public transportation including
20 directions to close a public transportation facility,
21 restrictions on the use of pupil transportation programs
22 operated by public schools, reduction in the number of
23 elevators operating in office buildings during non-peak
24 hours, curtailment of night-time sports, entertainment and
25 recreational activities, closing of public museums, art
26 galleries and historic buildings, requiring Sunday closings
27 of retail establishments, except for services essential to
28 the public, requiring closings of all retail establishments
29 during certain specified hours of the day, except for
30 services essential to the public. imposing an excess power <--
19800H2268B3435 - 4 -
1 and energy surcharge on any amounts by which a customer's
2 energy consumption exceeds the level fixed by curtailment
3 directives.
4 (10) Direct an energy resource supplier to provide an
5 energy resource to a health facility, school, public utility,
6 public transit authority, fire or police station or vehicle,
7 newspaper or television or radio station for the purpose of
8 relaying emergency instructions or other emergency messages,
9 food producer, processor, retailer or wholesaler, and to any
10 other person or facility which provides essential services
11 for the health, safety and welfare of the resident citizens
12 of this State.
13 (11) ANY ACTIONS TAKEN BY THE GOVERNOR PURSUANT TO THIS <--
14 SECTION SHALL NOT CONFLICT WITH THE PRESCRIBED CURTAILMENT
15 PROCEDURES ON FILE WITH THE PUBLIC UTILITY COMMISSION MADE
16 PURSUANT TO 52 PA. CODE §§ 59.61 - 59.67 (RELATING TO
17 REPORTING AND CURTAILMENT OF SERVICE) AND §§ 69.21 - 6927
18 (RELATING TO GAS CURTAILMENT).
19 Section 5. Rules and regulations.
20 (a) Authority.--The Governor may issue an executive order,
21 proclamation or directive having the force and effect of law to
22 implement this act, subject to the limitations as set forth in
23 section 3(b) and (c).
24 (b) Effective period.--An executive order, proclamation or
25 directive issued under this act shall be effective for the
26 duration of a state of energy or fuel supply emergency as
27 provided under section 3. If the Legislature approves an
28 extension of a state of energy or fuel supply emergency pursuant
29 to section 3, an executive order, proclamation or directive in
30 effect at the time of legislative approval shall continue in
19800H2268B3435 - 5 -
1 effect for the extended period unless TERMINATED by a concurrent <--
2 resolution adopted by the General Assembly.
3 (c) Dissemination.--An executive order, proclamation or
4 directive issued under this act shall be disseminated promptly
5 by means calculated to bring its contents to the attention of
6 the citizens of the Commonwealth and published in accordance
7 with the law. The Governor shall notify the General Assembly
8 promptly of an executive order, proclamation or directive issued
9 under this act.
10 Section 6. Penalty.
11 A person who knowingly violates this act or an order,
12 proclamation or directive issued by the Governor under this act,
13 is guilty of a misdemeanor punishable by a fine of not more than
14 $500. Each day a violation continues is a separate offense.
15 Section 7. Effective date.
16 This act shall take effect immediately.
B11L55DGS/19800H2268B3435 - 6 -