PRINTER'S NO. 3043
No. 2270 Session of 1990
INTRODUCED BY D. R. WRIGHT, J. L. WRIGHT, VEON, MICHLOVIC,
D. F. CLARK, DURHAM, HERSHEY, FREEMAN, DeLUCA, McHALE, FOX,
WAMBACH, LLOYD, E. Z. TAYLOR, D. W. SNYDER, SCRIMENTI,
KENNEY, STABACK, TIGUE, VAN HORNE, KUKOVICH, STUBAN, PESCI,
STISH, BELARDI, TANGRETTI, MELIO, KASUNIC, TRELLO, MERRY,
LASHINGER, RAYMOND, JADLOWIEC, HAYDEN, PRESSMANN, STAIRS,
LAUGHLIN AND BILLOW, FEBRUARY 5, 1990
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, FEBRUARY 5, 1990
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 emergency powers regarding shortages of petroleum products
22 and other fuels.
23 The General Assembly of the Commonwealth of Pennsylvania
24 hereby enacts as follows:
25 Section 1. Section 2801-C of the act of April 9, 1929
1 (P.L.177, No.175), known as The Administrative Code of 1929,
2 added December 14, 1982 (P.L.1213, No.280) is amended by adding
3 a definition to read:
4 * * *
5 "Other fuels" includes propane gas which is derived from
6 petroleum or natural gas.
7 * * *
8 Section 2. Section 2802-C of the act, added December 14, 1982
9 (P.L.1213, No.280) is amended to read:
10 Section 2802-C. Emergency Petroleum Product Shortages.--(a)
11 The Governor may, by executive order, proclaim a state of
12 emergency based upon a finding that there impends or exists a
13 substantial shortage of petroleum products or other fuels
14 available for use in Pennsylvania which poses a serious threat
15 to health, safety or welfare of the public. A state of energy
16 emergency shall remain in effect for the maximum period of
17 ninety days and may be extended by the Governor unless the
18 extension is disapproved by concurrent resolution adopted by
19 both Houses of the General Assembly. A state of emergency may be
20 declared for all or any portion of the Commonwealth.
21 (b) Upon proclamation of a state of emergency, the Governor
22 shall designate a State agency to conduct emergency allocation
23 measures during the period of the declared emergency. Emergency
24 allocation measures may consist of:
25 (1) the administration of any emergency allocation powers
26 delegated to the State by the President or any Federal agency;
27 (2) the implementation of a set aside program, for not more
28 than one percent (1%) of the petroleum products or other fuels
29 available for use in Pennsylvania, to alleviate hardship or meet
30 emergency needs. A set aside program shall be established in
19900H2270B3043 - 2 -
1 conformity with any Federal law, regulations or executive orders
2 governing petroleum or other fuels allocation, and shall apply
3 only to petroleum products found to be in a substantial
4 shortage;
5 (3) measures to reduce the demand for or consumption of
6 gasoline; and
7 (4) other measures identified by the Governor in his
8 executive order proclaiming a state of emergency as necessary to
9 protect the public health, safety and welfare.
10 (c) The agency designated by the Governor to conduct
11 emergency measures may, during the period of the emergency,
12 adopt rules and regulations pursuant to section 204 of the act
13 of July 31, 1968 (P.L.769, No.240), referred to as the
14 Commonwealth Documents Law. Any regulation adopted during a
15 state of emergency shall be automatically rescinded upon the
16 expiration of the emergency.
17 (d) The Governor may designate a state agency to monitor
18 supplies and prices of petroleum products or other fuels
19 available for use in the Commonwealth to determine whether there
20 exists, or is likely to exist, an emergency shortage.
21 (1) In order to monitor supplies and prices of petroleum
22 products or other fuels, the agency [may require] shall have the
23 authority to subpoena recordkeeping and periodic reports from
24 petroleum suppliers or suppliers of other fuels. These reporting
25 and recordkeeping requirements shall, to the maximum extent
26 possible, employ Federally mandated reports and records, avoid
27 any unnecessary duplicative reporting or recordkeeping, and
28 minimize paperwork, recordkeeping and reporting requirements.
29 Upon certification to it of failure to obey any such subpoena,
30 the Commonwealth Court or any court of record of the
19900H2270B3043 - 3 -
1 Commonwealth, may thereupon issue an order requiring the person
2 subpoenaed to obey the subpoena and produce records, reports and
3 documents relative to the matter in question. Any failure to
4 obey such order of the court may be punished by such court as a
5 contempt thereof.
6 (2) Reports filed and records maintained pursuant to this
7 subsection shall be deemed confidential.
8 (3) When a petroleum or other fuel supplier or a company
9 providing information to a petroleum or other fuel supplier
10 claims that the information requested by the agency is
11 confidential, proprietary, market or trade secret information,
12 or when the information is deemed confidential pursuant to this
13 section, the agency shall not disclose such information publicly
14 or to any other governmental agency unless the information is
15 aggregated as part of a statistical report in which the data and
16 individual companies supplying the data cannot be identified.
17 (4) No employe or appointee of the agency or other person
18 may release information from a petroleum product or other fuel
19 company that would enable data provided by or relating to
20 individual customers of the petroleum or other fuel company to
21 be identified as relating to or coming from the individual
22 customer. Any person disclosing such information in violation of
23 this section shall be guilty of a misdemeanor, shall be subject
24 to disciplinary action, including reprimand, suspension or
25 termination, and may be ordered to make restitution to any
26 injured or aggrieved party for losses or damages shown.
27 (5) In order to obtain information required pursuant to this
28 subsection, the agency designated by the Governor to monitor
29 supplies and prices of petroleum products or other fuels may
30 receive or share information from any other Commonwealth,
19900H2270B3043 - 4 -
1 Federal or local agency: Provided, That the agency shall provide
2 the same confidentiality to information recovered as is provided
3 by the supplying agency.
4 Section 3. This act shall take effect immediately.
A23L71RDG/19900H2270B3043 - 5 -