CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 579, 3071 PRINTER'S NO. 3093
No. 529 Session of 1987
INTRODUCED BY STAIRS, J. L. WRIGHT, PETRARCA, BELFANTI, HALUSKA,
BUSH, TIGUE, ITKIN, MARKOSEK, VAN HORNE, TELEK, JOHNSON,
TRELLO, COHEN, SEMMEL, DORR, BURD, CAWLEY, HERMAN, LAUGHLIN,
MAIALE, HOWLETT, BUNT, BOWSER, NOYE, LANGTRY AND WOZNIAK,
FEBRUARY 25, 1987
AS REPORTED FROM COMMITTEE ON MINES AND ENERGY MANAGEMENT, HOUSE
OF REPRESENTATIVES, AS AMENDED, APRIL 6, 1988
AN ACT
1 Amending the act of April 9, 1929 (P.L.177, No.175), entitled
2 "An act providing for and reorganizing the conduct of the
3 executive and administrative work of the Commonwealth by the
4 Executive Department thereof and the administrative
5 departments, boards, commissions, and officers thereof,
6 including the boards of trustees of State Normal Schools, or
7 Teachers Colleges; abolishing, creating, reorganizing or
8 authorizing the reorganization of certain administrative
9 departments, boards, and commissions; defining the powers and
10 duties of the Governor and other executive and administrative
11 officers, and of the several administrative departments,
12 boards, commissions, and officers; fixing the salaries of the
13 Governor, Lieutenant Governor, and certain other executive
14 and administrative officers; providing for the appointment of
15 certain administrative officers, and of all deputies and
16 other assistants and employes in certain departments, boards,
17 and commissions; and prescribing the manner in which the
18 number and compensation of the deputies and all other
19 assistants and employes of certain departments, boards and
20 commissions shall be determined," further providing for
21 energy development authority and emergency powers; AND <--
22 PROVIDING FOR THE DESIGNATION OF AN AGENCY TO COORDINATE THE
23 MONITORING OF SUPPLIES OF ENERGY RESOURCES.
24 The General Assembly of the Commonwealth of Pennsylvania
25 hereby enacts as follows:
26 Section 1. Sections 2801-C and 2802-C of the act of April 9,
1 1929 (P.L.177, No.175), known as The Administrative Code of
2 1929, added December 14, 1982 (P.L.1213, No.280), are amended to
3 read:
4 Section 2801-C. Definitions.--The following words and
5 phrases when used in this article shall have the meanings given
6 to them in this section unless the context clearly indicates
7 otherwise:
8 "Authority" means the Energy Development Authority.
9 "Board" means the board of directors of the authority.
10 "Bond" or "Bonds" means notes, bonds, refunding or renewal
11 notes and bonds and other evidence of indebtedness or
12 obligations which the authority is authorized to issue.
13 "Cost" means the expense of construction and the expense of
14 acquisition of all structures, lands and other property rights
15 and interests in land necessary to a project. The term also
16 includes the expense of demolishing, removing or relocating any
17 buildings or structures on lands acquired or to be acquired,
18 including the expense of acquiring any lands to which such
19 buildings or structures may be moved or relocated; sewage
20 treatment, waste treatment and pollution control facilities;
21 railroad sidings, spurs or branch lines; all labor, materials,
22 machinery and equipment, fixtures; financing charges; interest
23 on all bonds prior to and during construction, and for a period
24 of one year thereafter; engineering, financial and legal
25 services; plans, specifications, studies, surveys necessary or
26 incidental to determining the feasibility or practicability of
27 constructing a project; administrative expenses; reserves for
28 interest and for extension, enlargements, additions and
29 improvements; and such other expenses as may be necessary or
30 incidental to the construction of the project and the placing of
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1 the same in operation.
2 "Energy or fuel supply emergency" means a state of emergency,
3 declared by proclamation of the Governor within twenty-four
4 hours after the occurrence of an energy resource shortage or
5 supply or distribution problem resulting because of an absence
6 of availability or a critically reduced supply of any energy
7 source, which cannot be satisfactorily alleviated or resolved by
8 or under the authority of State regulatory authorities having
9 jurisdiction over such energy resources, thereby jeopardizing
10 the health, safety, welfare and economic well-being of the
11 inhabitants of this Commonwealth.
12 "Energy resource" means any force or material which yields or
13 has the potential to yield energy, including, but not limited
14 to, electrical, fossil and nuclear sources.
15 "Person" means a natural person, corporation, partnership,
16 association, and any municipality of this Commonwealth and any
17 public corporation, authority or body whatsoever.
18 ["Petroleum product" includes motor gasoline, kerosene, <--
19 distillates (including Number 2 fuel oil) and diesel fuel.] <--
20 "Project" means an activity, entirely or largely conducted in
21 Pennsylvania, which cannot be effectively funded using privately
22 available resources, relating to:
23 (1) basic and applied research concerning energy use,
24 renewable energy resources and energy extraction, transmission,
25 storage or conversion;
26 (2) limited scale demonstration of innovative or
27 commercially unproven technology to promote the production, use
28 or conservation of energy; or
29 (3) activities to promote or remove obstacles to the
30 utilization and transportation of Pennsylvania energy resources,
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1 including but not limited to limited scale synthetic fuel
2 facilities and the conversion or technological improvement of
3 industrial, commercial or agricultural systems to utilize
4 Pennsylvania coal or renewable energy resources: Provided, That
5 no such facility unreasonably interferes with private waste
6 recycling industries.
7 "Renewable energy source" means any method, process or
8 substance whose supply is rejuvenated through natural processes
9 and, subject to those material processes, remains relatively
10 constant, including, but not limited to, biomass conversion,
11 geothermal energy, solar and wind energy and hydroelectric
12 power, and excluding those sources of energy used in the fission
13 and fusion processes.
14 Section 2802-C. [Emergency Petroleum Product Shortages.--(a)
15 The Governor may, by executive order, proclaim a state of
16 emergency based upon a finding that there impends or exists a
17 substantial shortage of petroleum products available for use in
18 Pennsylvania which poses a serious threat to health, safety or
19 welfare of the public.] Energy or Fuel Supply Emergency.--(a)
20 In the event that the threat or danger of an energy or fuel
21 supply emergency is imminent, the Governor may, after
22 consultation with the Lieutenant Governor, the Governor's Energy <--
23 Council and PENNSYLVANIA ENERGY OFFICE, the Pennsylvania Public <--
24 Utility Commission AND THE DEPARTMENT OF ENVIRONMENTAL <--
25 RESOURCES, declare a state of energy or fuel supply emergency. A
26 state of energy or fuel supply emergency shall remain in effect
27 for the maximum period of ninety days [and may be extended], BUT <--
28 MAY BE TERMINATED OR EXTENDED by the Governor unless the
29 TERMINATION OR extension is disapproved by concurrent resolution <--
30 adopted by both Houses of the General Assembly. A state of
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1 emergency may be declared for all or any portion of the
2 Commonwealth.
3 [(b) Upon proclamation of a state of emergency, the Governor
4 shall designate a State agency to conduct emergency allocation
5 measures during the period of the declared emergency. Emergency
6 allocation measures may consist of:
7 (1) the administration of any emergency allocation powers
8 delegated to the State by the President or any Federal agency;
9 (2) the implementation of a set aside program, for not more
10 than one percent (1%) of the petroleum products available for
11 use in Pennsylvania, to alleviate hardship or meet emergency
12 needs. A set aside program shall be established in conformity
13 with any Federal law, regulations or executive orders governing
14 petroleum allocation, and shall apply only to petroleum products
15 found to be in a substantial shortage;
16 (3) measures to reduce the demand for or consumption of
17 gasoline; and
18 (4) other measures identified by the Governor in his
19 executive order proclaiming a state of emergency as necessary to
20 protect the public health, safety and welfare.
21 (c) The agency designated by the Governor to conduct
22 emergency measures may, during the period of the emergency,
23 adopt rules and regulations pursuant to section 204 of the act
24 of July 31, 1968 (P.L.769, No.240), referred to as the
25 Commonwealth Documents Law. Any regulation adopted during a
26 state of emergency shall be automatically rescinded upon the
27 expiration of the emergency.
28 (d) The Governor may] (b) Upon proclamation of a state of
29 emergency, the Governor shall have the power:
30 (1) To designate a state agency to conduct emergency
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1 petroleum allocation measures which may consist of any of the
2 following:
3 (i) The administration of any emergency petroleum allocation
4 powers delegated to the State by the President or any Federal
5 agency.
6 (ii) The implementation of a set-aside program, for not more
7 than one per centum (1%) of the petroleum products available for
8 use in Pennsylvania, to alleviate hardship or meet emergency
9 needs. A set-aside program shall be established in conformity
10 with any Federal law, regulations or executive orders governing
11 petroleum allocation, and shall apply only to petroleum products
12 found to be in a substantial shortage.
13 (iii) Measures to reduce the demand for or consumption of
14 gasoline PETROLEUM PRODUCTS. <--
15 (iv) The adoption of rules and regulations in the manner
16 provided by law. Any regulation adopted during a state of
17 emergency shall be automatically rescinded upon the expiration
18 of the emergency.
19 (v) Any other measures deemed necessary to protect the
20 public health, safety and welfare.
21 (2) (i) To [designate a state agency to monitor supplies of <--
22 [petroleum products] energy resources available for use in the <--
23 Commonwealth to determine whether there exists, or is likely to
24 exist, an emergency shortage.
25 [(1)] (ii) In order to monitor supplies of [petroleum <--
26 products] energy resources, the agency may require recordkeeping <--
27 and periodic reports from [petroleum] energy resource suppliers. <--
28 These reporting and recordkeeping requirements shall, to the
29 maximum extent possible, employ Federally mandated reports and
30 records, avoid any unnecessary duplicative reporting or
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1 recordkeeping, and minimize paperwork, recordkeeping and
2 reporting requirements.
3 [(2)] (iii) Reports filed and records maintained pursuant to <--
4 this subsection shall be deemed confidential.
5 [(3)] (iv) When [a petroleum] an energy resource supplier or <--
6 a company providing information to [a petroleum] an energy <--
7 resource supplier claims that the information requested by the
8 agency is confidential, proprietary, market or trade secret
9 information, or when the information is deemed confidential
10 pursuant to this section, the agency shall not disclose such
11 information publicly or to any other governmental agency unless
12 the information is aggregated as part of a statistical report in
13 which the data and individual companies supplying the data
14 cannot be identified.
15 [(4)] (v) No employe or appointee of the agency or other <--
16 person may release information from [a petroleum product] an <--
17 energy resource company that would enable data provided by or
18 relating to individual customers of the [petroleum] energy <--
19 resource company to be identified as relating to or coming from
20 the individual customer. Any person disclosing such information
21 in violation of this section shall be guilty of a misdemeanor,
22 shall be subject to disciplinary action, including reprimand,
23 suspension or termination, and may be ordered to make
24 restitution to any injured or aggrieved party for losses or
25 damages shown.
26 [(5)] (vi) In order to obtain information required pursuant <--
27 to this subsection, the agency designated by the Governor to
28 monitor supplies of [petroleum products] energy resources may <--
29 receive or share information from any other Commonwealth,
30 Federal or local agency: Provided, That the agency shall provide
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1 the same confidentiality to information recovered as is provided
2 by the supplying agency.] <--
3 (3) To implement programs to (2) TO encourage increased use <--
4 of renewable energy sources.
5 (4) (3) To suspend or modify existing state standards and <--
6 requirements affecting or affected by the use of energy
7 resources, including those related to air quality control.
8 (5) (4) To order specific restrictions on the use and sale <--
9 of energy resources, including, but not limited to:
10 (i) Restrictions on the interior temperature of public,
11 commercial, industrial and school buildings.
12 (ii) Restrictions on the hours and days during which public,
13 commercial, industrial and school buildings may be open.
14 (iii) Restrictions on lighting levels in public, commercial,
15 industrial and school buildings.
16 (iv) Restrictions on the use of display and decorative
17 lighting.
18 (v) Restrictions on the use of privately owned vehicles or a
19 reduction in speed limits.
20 (vi) Restrictions on the use of public transportation,
21 including directions to close a public transportation facility.
22 (vii) Restrictions on the use of pupil transportation
23 programs operated by public schools.
24 (viii) Reduction in the number of elevators operating in
25 office buildings during nonpeak hours.
26 (ix) Curtailment of nighttime sports, entertainment and
27 recreational activities.
28 (x) Closing of public museums, art galleries and historic
29 buildings.
30 (xi) Requiring Sunday closings of retail establishments,
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1 except for services essential to the public.
2 (xii) Requiring closing of all retail establishments during
3 specified hours of the day, except for services essential to the
4 public. Any restrictions ordered by the Governor shall be <--
5 automatically rescinded upon the expiration of the emergency.
6 (C) ANY RESTRICTIONS ORDERED BY THE GOVERNOR SHALL BE <--
7 AUTOMATICALLY RESCINDED UPON THE EXPIRATION OF THE EMERGENCY.
8 (c) (D) Any actions taken by the Governor pursuant to this <--
9 section, INSOFAR AS THEY MAY APPLY TO A REGULATED UTILITY, shall <--
10 not conflict with prescribed OR SUPERSEDE REGULATIONS OR ORDERS <--
11 OF THE PENNSYLVANIA PUBLIC UTILITY COMMISSION OR curtailment
12 procedures on file with the Pennsylvania Public Utility
13 Commission, NOR SHALL ANY RESTRICTIONS ON THE USE OF FUEL FOR <--
14 THE GENERATION OF ENERGY OR ON THE TRANSPORTATION OF FUEL FOR
15 THE GENERATION OF ENERGY BE IMPOSED PRIOR TO CONSULTATION WITH
16 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION.
17 (d) (E) An executive order, proclamation or directive issued <--
18 under this section shall be disseminated promptly by means
19 calculated to bring its contents to the attention of the
20 citizens of this Commonwealth and published in accordance with
21 the law. The Governor shall notify the General Assembly promptly
22 of an executive order, proclamation or directive issued under
23 this act.
24 (e) (F) Any person who knowingly violates any order, <--
25 proclamation or directive issued by the Governor under this
26 section commits a misdemeanor of the third degree and shall,
27 upon conviction, be sentenced to pay a fine or not more the
28 $500. Each day of a continuing violation shall be a separate
29 offense.
30 (f) (G) Nothing in this act shall limit the authority of the <--
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1 Pennsylvania Public Utility Commission to regulate public
2 utility service as provided in Title 66 of the Pennsylvania
3 Consolidated Statutes (relating to public utilities).
4 SECTION 2. THE ACT IS AMENDED BY ADDING A SECTION TO READ: <--
5 SECTION 2802.1-C. COORDINATION OF MONITORING OF SUPPLIES OF
6 ENERGY RESOURCES.--(A) WITHIN SIXTY (60) DAYS OF THE EFFECTIVE
7 DATE OF THIS SECTION, THE GOVERNOR SHALL DESIGNATE A STATE
8 AGENCY TO COORDINATE THE MONITORING OF SUPPLIES OF ENERGY
9 RESOURCES AVAILABLE FOR USE IN THIS COMMONWEALTH TO DETERMINE
10 WHETHER THERE EXISTS, OR IS LIKELY TO EXIST, AN EMERGENCY
11 SHORTAGE.
12 (B) IN ORDER TO COORDINATE THE MONITORING OF ENERGY
13 RESOURCES, THE AGENCY MAY REQUIRE RECORDKEEPING AND PERIODIC
14 REPORTS FROM ENERGY RESOURCE SUPPLIERS. THESE REPORTING AND
15 RECORDKEEPING REQUIREMENTS SHALL, TO THE MAXIMUM EXTENT
16 POSSIBLE, EMPLOY MANDATED REPORTS AND RECORDS OF OTHER
17 COMMONWEALTH, FEDERAL OR LOCAL AGENCIES, AVOID ANY UNNECESSARY
18 DUPLICATIVE REPORTING OR RECORDKEEPING, AND MINIMIZE PAPERWORK,
19 RECORDKEEPING AND REPORTING REQUIREMENTS.
20 (C) ANY AGENCY THAT PROVIDES OR RECEIVES REPORTS OR RECORDS
21 UNDER THIS ACT, ANY OTHER ACT, ANY RULE OR REGULATION OR ANY
22 EXECUTIVE ORDER OR SIMILAR DIRECTIVE FOR THE PURPOSE OF
23 MONITORING OR COORDINATING THE MONITORING OF SUPPLIES OF ENERGY
24 RESOURCES SHALL KEEP SUCH RECORDS OR REPORTS CONFIDENTIAL.
25 (D) WHEN AN ENERGY RESOURCE SUPPLIER OR A COMPANY PROVIDING
26 INFORMATION TO AN ENERGY RESOURCE SUPPLIER CLAIMS THAT THE
27 INFORMATION REQUESTED BY THE AGENCY IS CONFIDENTIAL,
28 PROPRIETARY, MARKET OR TRADE SECRET INFORMATION, OR WHEN THE
29 INFORMATION IS DEEMED CONFIDENTIAL PURSUANT TO THIS SECTION, THE
30 AGENCY SHALL NOT DISCLOSE SUCH INFORMATION PUBLICLY OR TO ANY
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1 OTHER GOVERNMENTAL AGENCY UNLESS THE INFORMATION IS AGGREGATED
2 AS PART OF A STATISTICAL REPORT IN WHICH THE DATA AND INDIVIDUAL
3 COMPANIES SUPPLYING THE DATA CANNOT BE IDENTIFIED.
4 (E) NO EMPLOYE OR APPOINTEE OF THE AGENCY OR OTHER PERSON
5 MAY RELEASE INFORMATION FROM AN ENERGY RESOURCE COMPANY THAT
6 WOULD ENABLE DATA PROVIDED BY OR RELATING TO INDIVIDUAL
7 CUSTOMERS OF THE ENERGY RESOURCE COMPANY TO BE IDENTIFIED AS
8 RELATING TO OR COMING FROM THE INDIVIDUAL CUSTOMER. ANY PERSON
9 DISCLOSING SUCH INFORMATION IN VIOLATION OF THIS SECTION SHALL
10 BE GUILTY OF A MISDEMEANOR OF THE THIRD DEGREE, SHALL BE SUBJECT
11 TO DISCIPLINARY ACTION, INCLUDING REPRIMAND, SUSPENSION OR
12 TERMINATION, AND MAY BE ORDERED TO MAKE RESTITUTION TO ANY
13 INJURED OR AGGRIEVED PARTY FOR LOSSES OR DAMAGES SHOWN.
14 (F) IN ORDER TO OBTAIN INFORMATION REQUIRED PURSUANT TO THIS
15 SECTION, THE AGENCY DESIGNATED BY THE GOVERNOR TO COORDINATE THE
16 MONITORING OF SUPPLIES OF ENERGY RESOURCES MAY RECEIVE OR SHARE
17 INFORMATION FROM ANY OTHER COMMONWEALTH, FEDERAL OR LOCAL
18 AGENCY: PROVIDED, HOWEVER, THAT THE AGENCY SHALL PROVIDE THE
19 SAME CONFIDENTIALITY TO INFORMATION RECEIVED AS IS PROVIDED BY
20 THE SUPPLYING AGENCY.
21 Section 2 3. This act shall take effect immediately. <--
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