PRINTER'S NO. 2741
No. 2175 Session of 1995
INTRODUCED BY DALEY, CORRIGAN, THOMAS, COLAIZZO, SHANER,
BELARDI, HERMAN, LAUGHLIN, JAROLIN, OLASZ, CURRY, LUCYK AND
PISTELLA, OCTOBER 31, 1995
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
OCTOBER 31, 1995
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," creating the Department of
21 Energy and prescribing its powers and duties; establishing
22 the Energy Research and Development Advisory Board as an
23 advisory board in the Department of Energy; further providing
24 for the powers and duties of the Department of Environmental
25 Resources and the appointment of mine inspectors; further
26 providing for the composition of the Environmental Quality
27 Board; creating a Division of Administrative Hearings in the
28 Office of Attorney General and prescribing its powers and
29 duties; further providing for mine inspectors and certain
30 conflicts of interest; providing for the salary of the
31 Secretary of Energy; further providing for special powers
32 relating to State vehicles; providing for energy or fuel
1 supply emergencies and for coordination of monitoring of
2 supplies of energy resources; further providing for the
3 composition of the Energy Development Authority and for
4 indebtedness of the Energy Development Authority;
5 transferring certain bureaus, personnel, allocations,
6 appropriations, equipment and other materials; and making
7 repeals.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
11 No.175), known as The Administrative Code of 1929, amended
12 December 30, 1984 (P.L.1299, No.245) and repealed in part May
13 26, 1988 (P.L.414, No.72), is amended to read:
14 Section 201. Executive Officers, Administrative Departments
15 and Independent Administrative Boards and Commissions.--The
16 executive and administrative work of this Commonwealth shall be
17 performed by the Executive Department, consisting of the
18 Governor, Lieutenant Governor, Secretary of the Commonwealth,
19 Attorney General, Auditor General, State Treasurer, and
20 Secretary of Education; by the Executive Board, and the
21 Pennsylvania State Police; by the following administrative
22 departments: Department of State, Office of Attorney General,
23 Department of Corrections, Department of the Auditor General,
24 Treasury Department, Department of Education, Department of
25 Military Affairs, Insurance Department, Department of Banking,
26 Department of Agriculture, Department of Transportation,
27 Department of Health, Department of Labor and Industry,
28 Department of Aging, Department of Public Welfare, Department of
29 General Services, Department of Revenue, Department of Commerce,
30 Department of Community Affairs [and], Department of
31 Environmental Resources and Department of Energy; and by the
32 following independent administrative boards and commissions:
33 Pennsylvania Game Commission, Pennsylvania Fish Commission,
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1 State Civil Service Commission, Pennsylvania Public Utility
2 Commission and the Pennsylvania Securities Commission.
3 All of the provisions of this act, which apply generally to
4 administrative departments, or generally except to the
5 Department of the Auditor General, the Treasury Department and
6 the Office of Attorney General, shall apply to the Executive
7 Board and to the Pennsylvania State Police.
8 Section 2. As much as relates to the Department of
9 Environmental Resources in section 202 of the act, added
10 December 3, 1970 (P.L.834, No.275), is amended to read:
11 Section 202. Departmental Administrative Boards,
12 Commissions, and Offices.--The following boards, commissions,
13 and offices are hereby placed and made departmental
14 administrative boards, commissions, or offices, as the case may
15 be, in the respective administrative departments mentioned in
16 the preceding section, as follows:
17 * * *
18 In the Department of Environmental Resources,
19 Environmental Quality Board,
20 Environmental Hearing Board,
21 State Board for Certification of Sewage Treatment and
22 Waterworks Operators,
23 State Soil and Water Conservation Commission[,
24 Anthracite Mine Inspectors,
25 Bituminous Mine Inspectors].
26 * * *
27 Section 3. Section 203 of the act, amended December 3, 1970
28 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
29 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223), June 30,
30 1988 (P.L.475, No.80) and repealed in part April 29, 1988
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1 (P.L.381, No.60) and July 2, 1993 (P.L.439, No.64), is amended
2 to read:
3 Section 203. Advisory Boards and Commissions.--The following
4 advisory boards and commissions are placed in and made parts of
5 the respective administrative departments, as follows:
6 In the Department of Military Affairs,
7 State Military Reservation Commission,
8 In the Department of Environmental Resources,
9 Citizens Advisory Council;
10 In the Department of Health,
11 Advisory Health Board;
12 In the Department of Labor and Industry,
13 Advisory Council on Affairs of the Handicapped,
14 Advisory Board on Problems of Older Workers,
15 Policy, Planning and Evaluation Advisory Committee;
16 In the Department of Public Welfare,
17 State Board of Public Welfare,
18 Advisory Committee for the Blind,
19 Advisory Committee for General and Special Hospitals,
20 Advisory Committee for Children and Youth,
21 Advisory Committee for Public Assistance,
22 Advisory Committee for Mental Health and Mental
23 Retardation;
24 In the Department of Energy,
25 Energy Research and Development Advisory Board.
26 Section 4. Sections 206 and 207.1(d)(1) of the act, amended
27 December 30, 1984 (P.L.1299, No.245), are amended to read:
28 Section 206. Department Heads.--Each administrative
29 department shall have as its head an officer who shall, either
30 personally, by deputy, or by the duly authorized agent or
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1 employe of the department, and subject at all times to the
2 provisions of this act, exercise the powers and perform the
3 duties by law vested in and imposed upon the department.
4 The following officers shall be the heads of the
5 administrative departments following their respective titles:
6 Secretary of the Commonwealth, of the Department of State;
7 Auditor General, of the Department of the Auditor General;
8 State Treasurer, of the Treasury Department;
9 Attorney General, of the Office of Attorney General;
10 Secretary of Education, of the Department of Education;
11 Adjutant General, of the Department of Military Affairs;
12 Insurance Commissioner, of the Insurance Department;
13 Secretary of Banking, of the Department of Banking;
14 Secretary of Agriculture, of the Department of Agriculture;
15 Secretary of Transportation, of the Department of
16 Transportation;
17 Secretary of Health, of the Department of Health;
18 Secretary of Labor and Industry, of the Department of Labor
19 and Industry;
20 Secretary of Aging, of the Department of Aging;
21 Secretary of Public Welfare, of the Department of Public
22 Welfare;
23 Secretary of Revenue, of the Department of Revenue;
24 Secretary of Commerce, of the Department of Commerce;
25 Secretary of Community Affairs, of the Department of
26 Community Affairs;
27 Secretary of Environmental Resources, of the Department of
28 Environmental Resources;
29 Secretary of Energy, of the Department of Energy;
30 Secretary of General Services, of the Department of General
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1 Services;
2 Secretary of Corrections, of the Department of Corrections.
3 Section 207.1. Gubernatorial Appointments.--* * *
4 (d) The Governor shall nominate in accordance with the
5 provisions of the Constitution of the Commonwealth of
6 Pennsylvania and, by and with the advice and consent of a
7 majority of the members elected to the Senate appoint persons to
8 fill the following positions:
9 (1) The Secretary of Education, the Secretary of the
10 Commonwealth, the Adjutant General, the Insurance Commissioner,
11 the Secretary of Banking, the Secretary of Agriculture, the
12 Secretary of Transportation, the Secretary of Health, the
13 Commissioner of the State Police, the Secretary of Corrections,
14 the Secretary of Labor and Industry, the Secretary of Aging, the
15 Secretary of Public Welfare, the Secretary of General Services,
16 the Secretary of Revenue, the Secretary of Commerce, the
17 Secretary of Community Affairs [and], the Secretary of
18 Environmental Resources and the Secretary of Energy.
19 * * *
20 Section 5. Section 438 of the act, amended December 3, 1970
21 (P.L.834, No.275), is amended to read:
22 Section 438. Mine Inspectors.--There shall be as many
23 [anthracite mine inspectors, and as many bituminous mine
24 inspectors, as may now or hereafter be provided by law] mine
25 inspectors as may now or hereafter be necessary to conduct
26 inspections with the frequency mandated by Federal and State
27 law. All such mine inspectors shall be appointed[, respectively,
28 from among persons holding valid certificates of qualification
29 issued by the Department of Environmental Resources.] in
30 accordance with the act of August 5, 1941 (P.L.752, No.286),
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1 known as the "Civil Service Act."
2 The manner of appointing mine inspectors[,] and their
3 qualifications[, and their terms of office,] shall be as may now
4 or hereafter be provided by law.
5 Section 6. Section 448 of the act is amended by adding a
6 clause to read:
7 Section 448. Advisory Boards and Commissions.--The advisory
8 boards and commissions, within the several administrative
9 departments, shall be constituted as follows:
10 * * *
11 (q) The Energy Research and Development Advisory Board shall
12 consist of the Secretary of Energy, the Secretary of Commerce,
13 the Secretary of Environmental Resources, the Chairman of the
14 Pennsylvania Public Utility Commission, the Executive Director
15 of the Energy Development Authority and twelve members appointed
16 by the Governor, one of whom shall be designated as chairman.
17 The twelve appointed members shall be knowledgeable in fields
18 related to energy development, production and use and shall be
19 appointed by the Governor as follows: two members shall be from
20 an electric power utility which operates at least one coal-fired
21 generating station, one member shall be the owner or an operator
22 of a gas or oil producing operation, one member shall be the
23 owner or an operator of an anthracite coal mining operation, one
24 member shall be the owner or an operator of a bituminous coal
25 mining operation, one member shall be from a small power
26 producer or shall be knowledgeable in renewable energy
27 resources, two members shall be from the energy research staff
28 of an accredited Pennsylvania university or college, one member
29 shall be from a consumer organization interested in energy-
30 related matters, one member shall be a member of organized labor
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1 employed by one or more energy-related industries, one member
2 shall be from an organization which represents environmental
3 interests and one member shall be a local government official.
4 The membership of the Energy Research and Development Advisory
5 Board shall also include four members of the General Assembly or
6 their designees, one appointed by the President pro tempore of
7 the Senate, one by the Minority Leader of the Senate, one by the
8 Speaker of the House of Representatives and one by the Minority
9 Leader of the House of Representatives.
10 The term of office of each member appointed by the Governor
11 shall be four years, measured from the third Tuesday of January
12 of the year in which the member takes office, or until his
13 successor has been appointed except, that in the initial
14 appointments of the members of the board, the Governor shall
15 appoint six members for terms of two years each and six members
16 for terms of three years each.
17 Any member appointed to fill a vacancy created otherwise than
18 by expiration of a term shall be appointed for the unexpired
19 term of the member whom he is to succeed. Members of the board
20 shall not receive any compensation for their service, but shall
21 be reimbursed for actual and necessary expenses incurred in the
22 performance of their duties and shall receive a per diem
23 allowance of ninety dollars ($90).
24 A majority of the members shall constitute a quorum. Meetings
25 of the board shall be held at least quarterly or at the call of
26 the chairman, or at the request of at least nine members of the
27 board.
28 The Department of Energy shall provide technical assistance
29 and support services to the board.
30 Section 7. Section 471 of the act, amended November 1, 1979
19950H2175B2741 - 8 -
1 (P.L.251, No.83), is amended to read:
2 Section 471. Environmental Quality Board.--The Environmental
3 Quality Board shall consist of the Secretary of Environmental
4 Resources, who shall be chairman thereof, the Secretary of
5 Health, the Secretary of Commerce, the Secretary of
6 Transportation, the Secretary of Agriculture, the Secretary of
7 Labor and Industry, the Secretary of Community Affairs, the
8 Secretary of Energy, the Executive Director of the Fish
9 Commission, the Executive Director of the Game Commission, the
10 Chairman of the Public Utilities Commission, [the Executive
11 Director of the State Planning Board,] the Executive Director of
12 the Pennsylvania Historical and Museum Commission, five members
13 of the Citizens Advisory Council, and four members of the
14 General Assembly. The Citizens Advisory Council members shall be
15 designated by, and serve at the pleasure of, the Citizens
16 Advisory Council. One of the General Assembly members shall be
17 designated by, and serve at the pleasure of, the President Pro
18 Tempore of the Senate, one by the Minority Leader of the Senate,
19 one by the Speaker of the House of Representatives and one by
20 the Minority Leader of the House of Representatives. In addition
21 to the heads of the various departments as elsewhere in this act
22 provided, the other members of the board may have named
23 alternates to serve in their stead, the alternates for the
24 members of the board from the Citizens Advisory Council to be
25 selected by that council from members of the council and each
26 other alternate to be selected by that particular member of the
27 board in whose stead he is to serve. No person will serve as
28 alternate for more than one board member.
29 Eight members of the board shall constitute a quorum.
30 Section 8. Sections 1901-A and 1904-A(6) of the act, added
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1 December 3, 1970 (P.L.834, No.275), are amended to read:
2 Section 1901-A. Powers and Duties in General.--The
3 Department of Environmental Resources shall, subject to any
4 inconsistent provision in this act contained, continue to
5 exercise the powers and perform the duties by law heretofore
6 vested in and imposed upon:
7 (1) The Department of Forests and Waters, the Secretary of
8 Forests and Waters, the Water and Power Resources Board, the
9 Flood Control Commission, the Pennsylvania State Park and Harbor
10 Commission of Erie, and the State Forest Commission;
11 [(2) The Department of Mines and Mineral Industries, the
12 Secretary of Mines and Mineral Industries, the Oil and Gas
13 Conservation Commission, the Mine Inspectors' Examining Board
14 for the Bituminous Coal Mines of Pennsylvania, and the
15 Anthracite Mine Inspectors' Examining Board;]
16 (3) The Oil and Gas Inspectors' Examining Board, created by
17 the act of December 21, 1959 (P.L.1967), which board is hereby
18 abolished;
19 (4) The Land Restoration Board, created by the act of June
20 27, 1947 (P.L.1095), which board is hereby abolished;
21 (5) The Land Reclamation Board, created by the act of May
22 31, 1945 (P.L.1198), which board is hereby abolished;
23 (6) The Department of Health and the Secretary of Health in
24 so far as such powers and duties pertain to the control of
25 nuisances from grounds, vehicles, apartments, buildings and
26 places within the Commonwealth, to the sanitary condition of
27 tenements, lodging and boarding houses, to management of the
28 sanitary affairs of the Commonwealth, the issuance of waterworks
29 permits and to the control of water pollution;
30 (7) The former Commissioner of Health and the Department of
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1 Health by the act of April 22, 1905 (P.L.260), entitled "An act
2 to preserve the purity of the waters of the State, for the
3 protection of the public health;"
4 (8) The Department of Health and the Secretary of Health by
5 the act of August 20, 1953 (P.L.1217), entitled "An act
6 providing for payments by the Commonwealth to municipalities
7 which have expended money to acquire and construct sewage
8 treatments plants in accordance with the Clean Streams Program
9 and the act, approved the twenty-second day of June, one
10 thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
11 making an appropriation;"
12 (9) The Department of Health by the act of June 23, 1931
13 (P.L.899), known as the "Public Bathing Law;"
14 [(10) The Department of Health by the act of January 19,
15 1968 (P.L.996), known as "The Land and Water Conservation and
16 Reclamation Act;"]
17 (11) The Department of Health by the act of May 23, 1945
18 (P.L.926), entitled "An act for the protection of the public
19 health by regulating the conduct and operation of public eating
20 and drinking places within this Commonwealth; requiring their
21 licensing; imposing certain duties on the Department of Health
22 of this Commonwealth and on the local health authorities; and
23 providing penalties;"
24 (12) The Department of Health by the act of April 30, 1929
25 (P.L.897), entitled "An act regulating the manufacturing,
26 bottling, and selling of certain waters, and requiring permits
27 therefor; prescribing the authority of the Department of Health
28 and of local boards of health and health officers with respect
29 thereto; and providing penalties;"
30 (13) The Department of Health by the act of November 10,
19950H2175B2741 - 11 -
1 1959 (P.L.1400), entitled "An act providing for the annual
2 registration of organized camps for children, youth and adults;
3 defining the duties of the Department of Health of the
4 Commonwealth of Pennsylvania; and prescribing penalties;"
5 (14) The Department of Health by the act of January 24, 1966
6 (P.L.1535), known as the "Pennsylvania Sewage Facilities Act;"
7 (15) The Department of Health by the act of July 31, 1968
8 (Act No.241), known as the "Pennsylvania Solid Wastes Management
9 Act;"
10 (16) The Department of Health by the act of January 8, 1960
11 (P.L.2119), known as the "Air Pollution Control Act;"
12 (17) The Department of Health by the act of January 28, 1966
13 (P.L.1625), known as "The Atomic Energy Development and
14 Radiation Control Act;"
15 (18) The Department of Health by the act of September 8,
16 1959 (P.L.807), entitled "An act empowering the Department of
17 Health to regulate the burial of radioactive material and to
18 issue permits therefor; and prescribing penalties;"
19 (19) The Department of Health and the Secretary of Health by
20 the act of October 26, 1959 (P.L.1380), entitled "An act
21 empowering the Commonwealth to acquire land and operate burial
22 grounds for the disposal of radioactive materials;"
23 [(20) The Department of Health by the act of June 22, 1937
24 (P.L.1987), known as "The Clean Streams Law;"]
25 (21) The Department of Health by the act of November 18,
26 1968 (Act No. 322), known as the "Sewage Treatment Plant and
27 Waterworks Operators' Certification Act;"
28 (22) The Sanitary Water Board;
29 (23) The Air Pollution Commission, created by the act of
30 January 8, 1960 (P.L.2119), known as the "Air Pollution Control
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1 Act," which commission is hereby abolished[;].
2 [(24) The Department of Labor and Industry and the Secretary
3 of Labor and Industry in so far as such powers and duties relate
4 to regulation of mining operations, quarry operations and sand
5 and gravel pits under the act of July 1, 1937 (P.L.2681),
6 entitled "An act relating to, and regulating the manufacture,
7 storing, and possession of explosives; requiring permits for
8 magazines, and prescribing permit fees; and providing
9 penalties," and July 10, 1957 (P.L.685), entitled "An act
10 regulating the use of explosives in certain blasting operations;
11 requiring examination and licensing of certain explosives'
12 detonators and prescribing the fee thereof; and conferring
13 powers and imposing duties on the Department of Labor and
14 Industry."]
15 Section 1904-A. Waters.--The Department of Environmental
16 Resources shall have the power and its duty shall be:
17 * * *
18 (6) [To] Subject to the provisions of section 1902-B(34), to
19 maintain a complete inventory of all the water resources of the
20 Commonwealth; collect all pertinent data, facts, and information
21 in connection therewith; classify, tabulate, record, and
22 preserve the same; and, upon the basis thereof, determine, the
23 points at which storage reservoirs may be constructed for flood
24 control, for municipal and domestic supply, [hydraulic and
25 hydroelectric power, steam raising, steam condensation,]
26 navigation, and other utilization; and generally to devise all
27 possible ways and means to conserve and develop the water supply
28 and water resources of the Commonwealth for the use of the
29 people thereof;
30 * * *
19950H2175B2741 - 13 -
1 Section 9. Sections 1908-A(3), 1915-A, 1916-A and 1928-A of
2 the act are repealed.
3 Section 10. The act is amended by adding an article to read:
4 ARTICLE XIX-B
5 POWERS AND DUTIES OF THE DEPARTMENT OF ENERGY, ITS
6 OFFICERS AND ITS ADVISORY BOARD
7 Section 1901-B. Powers and Duties in General.--The
8 Department of Energy shall, subject to any inconsistent
9 provision in this act, continue to exercise the powers and
10 perform the duties by law heretofore vested in and imposed upon
11 the Department of Environmental Resources under section 1901-
12 A(2) and (10) of this act, as much of section 1901-A(20) of this
13 act as relates to any matter within the jurisdiction of the
14 Department of Energy and section 1901-A(24) of this act.
15 Section 1902-B. Specific Powers and Duties.--The Department
16 of Energy shall have the power and its duty shall be:
17 (1) To promote the development of this Commonwealth's
18 indigenous energy resources, consistent with economic
19 feasibility, environmental protection and public health and
20 safety by providing information, technical assistance and
21 financial assistance.
22 (2) To promote the efficient use and conservation of energy
23 in this Commonwealth through the conduct of a Statewide
24 educational program and by providing information, technical
25 assistance and financial assistance.
26 (3) To serve as the primary agency in this Commonwealth for
27 the collection, maintenance and analysis of information on all
28 forms of energy, conservation of energy and related subjects.
29 (4) To maintain a liaison with energy producers, suppliers,
30 distributors and consumers and other Federal and State agencies
19950H2175B2741 - 14 -
1 concerning energy-related matters.
2 (5) In cooperation with the Energy Research and Development
3 Advisory Board and the Energy Development Authority, to promote
4 research and development efforts which will contribute to the
5 integrity and adequacy of this Commonwealth's energy resources,
6 with priority given to research and development involving
7 utilization of Pennsylvania's coal resources and pollution
8 control methods which will facilitate utilization of
9 Pennsylvania coal.
10 (6) To encourage the development of new markets for this
11 Commonwealth's indigenous energy resources.
12 (7) To monitor energy prices and evaluate rate and price
13 policies.
14 (8) To establish an energy information forecasting system.
15 (9) To determine the effect of energy and fuel shortages on
16 consumers.
17 (10) To coordinate the monitoring of energy or fuel supplies
18 to determine whether there exists or is likely to exist an
19 emergency shortage pursuant to section 2802-C(a) of this act and
20 to conduct emergency allocation measures during a period of
21 declared energy or fuel supply emergencies, pursuant to section
22 2802-C(b) of this act in accordance with an Emergency Allocation
23 Plan. The Emergency Allocation Plan shall be developed and
24 implemented by the department in conjunction with the
25 Pennsylvania Public Utility Commission and the Pennsylvania
26 Emergency Management Agency and shall be part of the
27 Pennsylvania Energy Policy and Plan.
28 (11) To review, study and monitor the efficiency of energy
29 utilization in State Government operations and suggest remedial
30 measures. The department shall direct all Commonwealth agencies
19950H2175B2741 - 15 -
1 to develop, subject to the department's approval, contingency
2 plans for dealing with energy or fuel supply emergencies.
3 Portions of emergency allocation or contingency plans which
4 pertain to energy industries regulated by the Pennsylvania
5 Public Utility Commission shall be made available to the
6 department upon request.
7 (12) To assist in the review of plans, policies, rules and
8 regulations of other Commonwealth agencies regarding energy
9 development, production, conversion, distribution, transmission,
10 use or conservation.
11 (13) To intervene in the proceedings of the Pennsylvania
12 Public Utility Commission and regulatory proceedings of other
13 Federal or State agencies if the proceedings relate to energy
14 development, production, conversion, distribution, transmission,
15 use or conservation.
16 (14) To apply for, accept and expend grants-in-aid and
17 assistance for energy programs from public and private sources
18 and to serve as the manager and coordinator of Federal energy
19 grants, petroleum overcharge funds and private energy funds.
20 (15) To update and publish, at least once every five years,
21 a Pennsylvania Energy Policy and Plan developed by the Energy
22 Research and Development Advisory Board. The Pennsylvania Energy
23 Policy and Plan shall include information regarding the
24 development, production, distribution, consumption and
25 conservation of energy in this Commonwealth. The Emergency
26 Allocation Plan shall be included in the Pennsylvania Energy
27 Policy and Plan. The Pennsylvania Energy Policy and Plan and any
28 amendments thereto shall be submitted to the Governor and the
29 General Assembly.
30 (16) To provide necessary staff and assistance to the Energy
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1 Research and Development Advisory Board and the Energy
2 Development Authority.
3 (17) To assist in the implementation of the act of December
4 15, 1980 (P.L.1203, No.222), known as the "Building Energy
5 Conservation Act," and to establish a Building Energy
6 Conservation Committee, pursuant to section 304 of the "Building
7 Energy Conservation Act."
8 (18) To enter into interstate compacts or agreements to
9 carry out energy research and planning with other states or the
10 Federal Government.
11 (19) To advise the Governor and the General Assembly
12 regarding international, Federal and State energy policies,
13 practices, programs and legislation and to submit proposed
14 legislation to the General Assembly for its consideration.
15 (20) To issue subpoenas and conduct hearings and
16 investigations.
17 (21) To acquire, purchase, grant and contract for eminent
18 domain title to real property to demonstrate facilities for
19 improved energy efficiency.
20 (22) To construct and operate facilities which improve
21 energy efficiency.
22 (23) To contract with any other public agency or
23 corporation.
24 (24) To make and execute contracts or leases in the name of
25 the Commonwealth, with the approval of the Governor, and have
26 the authority to enter into agreements with owners or lessees of
27 property or property rights located in the same areas as lands
28 owned or leased by the Commonwealth, for the protection,
29 preservation or recovery of metallic or nonmetallic ore, oil,
30 natural gas or any other mineral deposits underlying said lands,
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1 provided said deposits are owned by the Commonwealth, whenever
2 it is determined by the department that it would be for the best
3 interests of the Commonwealth to make such disposition of said
4 deposits. Any proposed contracts or leases for the extraction or
5 recovery of metallic or nonmetallic ore, oil, natural gas or
6 other minerals shall have been published once a week for three
7 consecutive weeks, in at least two newspapers of general
8 circulation in the locality where the extraction or recovery is
9 to be located, prior to awarding such contract or lease. Such
10 contract or lease shall be awarded to the highest and best
11 bidder capable for the proper performance of the contract:
12 Provided, however, That where the Commonwealth owns a fractional
13 interest in the oil, natural gas and other minerals, the
14 requirement of competitive bidding may be waived, and the
15 department may enter into a contract to lease that fractional
16 interest, with the approval of the Governor, and upon such terms
17 and conditions as the department deems to be in the best
18 interest of the Commonwealth.
19 (25) To make and execute contracts or leases, in the name of
20 the Commonwealth, for the mining or removal of any valuable
21 minerals that may be found in State forests, or of oil and gas
22 beneath those waters of Lake Erie owned by the Commonwealth, or
23 of oil and gas beneath the land of Woodville State Hospital
24 owned by the Commonwealth, whenever it shall appear to the
25 satisfaction of the department that it would be for the best
26 interests of the State to make such disposition of said
27 minerals: Provided, That any proposed contracts or leases of
28 valuable minerals exceeding one thousand dollars ($1,000) in
29 value shall have been advertised once a week for three weeks, in
30 at least two newspapers published nearest the locality
19950H2175B2741 - 18 -
1 indicated, in advance of awarding such contract or lease. Such
2 contracts or leases may then be awarded to the highest and best
3 bidder, who shall give bond for the proper performance of the
4 contract as the department shall designate: Provided, however,
5 That where the Commonwealth owns a fractional interest in the
6 oil, natural gas and other minerals under State forest lands,
7 the requirement of competitive bidding may be waived, and the
8 department may enter into a contract to lease that fractional
9 interest, with the approval of the Governor and upon such terms
10 and conditions as the department deems to be in the best
11 interest of the Commonwealth.
12 (26) To enter into agreements to sell, lease or otherwise
13 dispose of any iron, coal, limestone, fire-clay, oil, gas and
14 other minerals, except sand and gravel and minerals deposited in
15 pools created by dams, that may be found in or beneath the beds
16 of navigable streams or bodies of water within this Commonwealth
17 and nonnavigable streams or bodies of water where the beds
18 thereof are owned by the Commonwealth, on such terms and
19 conditions as the department deems to be in the best interest of
20 the Commonwealth. Nothing herein shall authorize the
21 interference with free navigation of said streams or bodies of
22 water or to undermine the bed thereof or to interfere with the
23 rights of any person or persons holding property on the banks
24 thereof.
25 (27) To enter into contracts: (i) to implement the Abandoned
26 Mine Reclamation Program under Title IV of the Surface Mining
27 Control and Reclamation Act of 1977 (Public Law 95-87, 30 U.S.C.
28 § 1231 et seq.); (ii) for the abatement and control work
29 authorized under the act of January 19, 1968 (1967 P.L.996,
30 No.443), known as "The Land and Water Conservation and
19950H2175B2741 - 19 -
1 Reclamation Act;" (iii) to reclaim abandoned surface mines as
2 provided for in the act of May 31, 1945 (P.L.1198, No.418),
3 known as the "Surface Mining Conservation and Reclamation Act,"
4 the act of September 24, 1968 (P.L.1040, No.318), known as the
5 "Coal Refuse Disposal Control Act," the act of December 19, 1984
6 (P.L.1093, No.219), known as the "Noncoal Surface Mining
7 Conservation and Reclamation Act;" (iv) to restore, repair or
8 mitigate damages as provided for in the act of April 27, 1966
9 (1st Sp.Sess., P.L.31, No.1), known as "The Bituminous Mine
10 Subsidence and Land Conservation Act;" and (v) to plug abandoned
11 oil and gas wells as provided in the act of December 19, 1984
12 (P.L.1140, No.223), known as the "Oil and Gas Act." In all cases
13 in which the department enters into a contract and the other
14 party to the contract is required to post a bond or other
15 acceptable security to be held to apply as a credit against any
16 unpaid balances or to carry out any unfulfilled conditions, the
17 moneys of said bonds or securities shall accrue to the benefit
18 of the Department of Energy insofar as necessary to indemnify
19 the department and the Commonwealth from all losses caused by
20 failure of the contracting party to fulfill any contract
21 condition. Moneys not required by the department to pay unpaid
22 balances or to fulfill contract conditions shall accrue to the
23 General Fund: Provided, however, That where the contract was
24 awarded under clause (26) of this section, the excess moneys
25 shall be deposited into the fund under which the contract was
26 authorized.
27 (28) To see that the mining laws of this Commonwealth are
28 faithfully executed, and, for that purpose, cause lawfully
29 qualified mine inspectors to enter, inspect and examine any mine
30 or colliery within this Commonwealth and the works and machinery
19950H2175B2741 - 20 -
1 connected therewith.
2 (29) To give such aid and instruction to the mine
3 inspectors, from time to time, as may be calculated to protect
4 the health and promote the safety of all persons employed in and
5 about the mines.
6 (30) To make such examinations and investigations as may be
7 necessary to enable it to make recommendations upon any matters
8 pertaining to the general welfare of coal miners and others
9 connected with mining and the interests of mine owners and
10 operators in this Commonwealth.
11 (31) To seal or close or backfill abandoned deep or strip
12 coal mines, to plug abandoned oil and gas wells, other than
13 those governed by the "Oil and Gas Act," to fill voids in
14 abandoned coal mines, to drill bore holes, dig ditches or
15 construct flumes which would relieve flooding or hazardous
16 conditions caused by mine water, and to extinguish fires in
17 abandoned coal mines and in culm banks, in those instances where
18 such work is in the interest of the public welfare.
19 (32) To administer the laws and regulations of this
20 Commonwealth relating to the drilling and operation of oil and
21 gas wells and gas storage reservoirs.
22 (33) To administer the laws and regulations of this
23 Commonwealth which regulate: (i) the construction operation and
24 maintenance of dams, water obstructions or encroachments for
25 hydraulic and hydroelectric power; (ii) stream raising and steam
26 condensation reservoirs; and (iii) any dam, impoundment,
27 embankment and other water obstruction and encroachment
28 necessary for the extraction, recovery or processing of metallic
29 and nonmetallic ore, oil, gas and other minerals.
30 (34) To request and receive, from any Commonwealth agency,
19950H2175B2741 - 21 -
1 department, board, bureau or commission, any assistance and data
2 required to carry out the purposes of this article. The
3 department is hereby authorized, with the approval of the
4 Governor, to enter into memorandums of understanding,
5 cooperative agreements or contracts to achieve such end and to
6 cooperate in the activities of and with such Commonwealth
7 agency, department, board, bureau or commission and the Federal
8 Government or any appropriate agency thereof.
9 (35) To formulate, adopt and promulgate such rules and
10 regulations necessary for the proper performance of the work of
11 the department, and continue to exercise any power to formulate,
12 adopt and promulgate rules and regulations relating to any
13 matter within the jurisdiction of the department heretofore
14 vested in the Environmental Quality Board or other departments
15 and boards; and any such rules or regulations promulgated prior
16 to the effective date of this act shall be the rules and
17 regulations of the Department of Energy until such time as they
18 are modified, repealed, suspended, superseded or otherwise
19 changed by the department.
20 (36) To keep complete and accurate minutes of all hearings
21 held before the department or any division of the department.
22 (37) To promulgate regulations necessary to administer this
23 article and to administer any applicable Federal regulations.
24 (38) To cooperate with all other Federal and State agencies
25 in carrying out its responsibilities.
26 Section 1903-B. Review of Regulations.--Any rule,
27 regulation, policy or procedure pertaining to matters within the
28 jurisdiction of the Department of Energy in effect on the
29 effective date of this article shall be reviewed by the
30 Secretary of Energy upon the written request of a person
19950H2175B2741 - 22 -
1 substantially affected by the rule, regulation, policy or
2 procedure. The secretary shall initiate a review within thirty
3 (30) days of receipt of the request and issue a decision, in
4 writing, within ninety (90) days of receipt of the request to
5 retain, modify or suspend and the reasons therefor.
6 Section 1904-B. Division of Administrative Hearings.--(a)
7 There is hereby created a Division of Administrative Hearings in
8 the Office of Attorney General.
9 (b) The division shall have the power and it duties shall be
10 to hold hearings and issue adjudications under Title 2 of the
11 Pennsylvania Consolidated Statutes (relating to administrative
12 law and procedure), on any decision or action of the Department
13 of Energy, including, but not limited to: notice of violation,
14 penalty assessment, order, permit, license, or the whole or part
15 of a rule or equivalent. A decision or action shall be
16 considered final when reduced to writing, whether affirmative,
17 negative, injunctive or declaratory in form.
18 (c) The division shall continue to exercise any power to
19 hold hearings and issue adjudications relating to any matter
20 within the jurisdiction of the department heretofore vested in
21 the Environmental Hearing Board.
22 (d) Anything in any law to the contrary notwithstanding, any
23 action of the department may be taken initially without regard
24 to the provisions of Title 2 of the Pennsylvania Consolidated
25 Statutes, but no such action of the department adversely
26 affecting any person shall be final as to such person until such
27 person has had the opportunity to appeal such action to the
28 division: Provided, however, That any such action shall be final
29 as to any person who has not perfected his appeal in the manner
30 hereinafter specified.
19950H2175B2741 - 23 -
1 (e) An appeal taken to the division from a decision of the
2 department shall not act as a supersedeas, but upon cause shown
3 and where the circumstances require it, the department or the
4 board shall have the power to grant a supersedeas.
5 (f) Hearings of the division shall be conducted in
6 accordance with rules and regulations adopted by the Office of
7 the Attorney General, and such rules and regulations shall
8 include time limits for the taking of appeals, procedures for
9 the taking of appeals, locations at which hearings shall be held
10 and such other rules and regulations as may be determined
11 advisable.
12 (g) The Attorney General shall employ hearing examiners,
13 knowledgeable of the laws of this Commonwealth, and such other
14 personnel as are necessary to perform the duties prescribed
15 herein: Provided, however, That the number of examiners employed
16 shall be sufficient to provide timely and expeditious hearings
17 at each office of the department.
18 (h) The division shall have the power to subpoena witnesses,
19 records and papers; and upon certification to it of failure to
20 obey any such subpoena, the Commonwealth Court is empowered,
21 after hearing, to enter, when proper, an adjudication of
22 contempt and such other order as the circumstances require.
23 Section 1905-B. Energy Research and Development Advisory
24 Board.--(a) The Energy Research and Development Advisory Board
25 shall have the responsibility for developing a Pennsylvania
26 Energy Policy and Plan for this Commonwealth.
27 (b) The board shall assist and provide advice to the
28 Secretary of Energy and the Energy Development Authority. The
29 secretary and the authority shall work with and receive advice
30 from the board in the development of energy programs and
19950H2175B2741 - 24 -
1 projects in this Commonwealth.
2 (c) The functions of the board shall include, but not be
3 limited to, the following:
4 (1) Providing liaison among energy producers, labor
5 organizations, academia and agencies of the Commonwealth and the
6 United States on matters relating to energy and encouraging the
7 exchange of information regarding energy research and
8 development between the Commonwealth and other states and
9 nations.
10 (2) Providing coordination and oversight of all energy
11 research programs conducted at colleges and universities located
12 within this Commonwealth and, where possible, provide
13 coordination and oversight of all energy research programs
14 conducted in the private sector.
15 (3) Recommending energy research and development projects,
16 with priority being given to demonstrations of technology which
17 enhance the production and use of Pennsylvania coals and the
18 more efficient combustion of all fossil fuels. Before the board
19 makes any recommendation, it shall first consult with agencies
20 of the Federal Government that have jurisdiction over matters
21 involving energy, colleges and universities within this
22 Commonwealth, and other state governments in order to avoid
23 duplication of effort and expense.
24 (4) Assisting the authority in the evaluation of energy
25 research and development projects which apply to the authority
26 for financial or technical assistance.
27 (5) Assisting the secretary in developing environmentally
28 sound, cost-effective energy programs and policies and
29 procedures to implement such programs.
30 Section 1906-B. Mine Inspectors.--Subject to any
19950H2175B2741 - 25 -
1 inconsistent provisions contained in this act, anthracite mine
2 inspectors and bituminous mine inspectors shall, respectively,
3 under the direction of the Secretary of Energy, continue to
4 exercise the powers and perform the duties vested in and imposed
5 upon them by law.
6 Section 1907-B. Conflict of Interest in Mining and Oil and
7 Gas Regulation.--(a) No employe of the Department of Energy
8 performing any function or duty within the scope of activities
9 covered by the Surface Mining Control and Reclamation Act of
10 1977 (Public Law 95-87 30 U.S.C. § 1201 et seq.) shall have a
11 direct or indirect financial interest in any underground or
12 surface coal mining operation as defined by this act. Whoever
13 knowingly violates the provisions of this subsection shall, upon
14 conviction, be punished by a fine of not more than two thousand
15 five hundred dollars ($2,500) or by imprisonment of not more
16 than one year, or both. Rules and regulations shall be
17 promulgated hereunder to establish methods by which the
18 provisions of this subsection will be monitored and enforced by
19 the department, including, but not limited to, appropriate
20 provisions for the filing by such employes and the review of
21 statements and supplements thereto concerning any financial
22 interest which may be affected by this subsection.
23 (b) No employe of the department performing the function or
24 duty of an oil or gas inspector shall act as a manager, employe
25 or agent of any oil or gas drilling operation or of any mining
26 or mining operation, nor shall he be interested in any pecuniary
27 way in such operations in this Commonwealth. Whoever knowingly
28 violates the provisions of this subsection shall, upon
29 conviction, be punished by a fine of not more than two thousand
30 five hundred dollars ($2,500) or by imprisonment of not more
19950H2175B2741 - 26 -
1 than one year, or both. Rules and regulations shall be
2 promulgated hereunder to establish methods by which the
3 provisions of this subsection will be monitored and enforced by
4 the department, including, but not limited to, appropriate
5 provisions for the filing by such employes and the review of
6 statements and supplements thereto concerning any financial
7 interest which may be affected by this subsection.
8 Section 1908-B. Salary of Secretary of Energy.--The
9 Secretary of Energy shall receive an annual salary, payable in
10 equal semi-monthly installments, of seventy-two thousand dollars
11 ($72,000).
12 Section 11. Sections 2407.1, 2801-C and 2802-C of the act,
13 added December 14, 1982 (P.L.1213, No.280), are amended to read:
14 Section 2407.1. Special Power Relating to State Vehicles.--
15 (a) The Department of General Services, in cooperation with the
16 Department of Energy, shall, on an ongoing basis, monitor the
17 research and development efforts to produce synthetic motor
18 vehicle fuel derived in whole or in part from coal and shall
19 determine the feasibility of converting State-owned vehicles to
20 operate on such synthetic fuel.
21 (b) In making [its] the determination of the feasibility of
22 using a synthetic motor vehicle fuel derived in whole or in part
23 from coal, the [department is] departments are authorized to
24 utilize such synthetic fuel in a limited number of State-owned
25 vehicles on an experimental basis and to make necessary
26 mechanical changes in those vehicles to facilitate the
27 experimentation.
28 (c) If, as a result of the monitoring and experimentation
29 conducted in accordance with subsections (a) and (b), the
30 [department determines] departments determine that there is a
19950H2175B2741 - 27 -
1 sufficient, assured supply of such synthetic fuel which can be
2 used in one or more State-owned vehicles at a reasonable cost
3 and without creating any significant threat to the environment,
4 the [department] departments shall submit to the General
5 Assembly a plan for such conversion. Such plan shall be
6 accompanied by a summary report setting forth the basis for the
7 [department's] determination that such conversion is feasible.
8 Section 2801-C. Definitions.--The following words and
9 phrases when used in this article shall have the meanings given
10 to them in this section unless the context clearly indicates
11 otherwise:
12 "Authority" means the Energy Development Authority.
13 "Board" means the board of directors of the authority.
14 "Bond" or "Bonds" means notes, bonds, refunding or renewal
15 notes and bonds and other evidence of indebtedness or
16 obligations which the authority is authorized to issue.
17 "Cost" means the expense of construction and the expense of
18 acquisition of all structures, lands and other property rights
19 and interests in land necessary to a project. The term also
20 includes the expense of demolishing, removing or relocating any
21 buildings or structures on lands acquired or to be acquired,
22 including the expense of acquiring any lands to which such
23 buildings or structures may be moved or relocated; sewage
24 treatment, waste treatment and pollution control facilities;
25 railroad sidings, spurs or branch lines; all labor, materials,
26 machinery and equipment, fixtures; financing charges; interest
27 on all bonds prior to and during construction, and for a period
28 of one year thereafter; engineering, financial and legal
29 services; plans, specifications, studies, surveys necessary or
30 incidental to determining the feasibility or practicability of
19950H2175B2741 - 28 -
1 constructing a project; administrative expenses; reserves for
2 interest and for extension, enlargements, additions and
3 improvements; and such other expenses as may be necessary or
4 incidental to the construction of the project and the placing of
5 the same in operation.
6 "Energy or fuel supply emergency" means a state of emergency,
7 declared by proclamation of the Governor within twenty-four
8 hours after the occurrence of an energy resource shortage or
9 supply or distribution problem resulting because of an absence
10 of availability or a critically reduced supply of any energy
11 source, which cannot be satisfactorily alleviated or resolved by
12 or under the authority of State regulatory authorities having
13 jurisdiction over such energy resources, thereby jeopardizing
14 the health, safety, welfare and economic well-being of the
15 inhabitants of this Commonwealth.
16 "Energy resource" means any force or material which yields or
17 has the potential to yield energy, including, but not limited
18 to, electrical, fossil and nuclear sources.
19 "Person" means a natural person, corporation, partnership,
20 association, and any municipality of this Commonwealth and any
21 public corporation, authority or body whatsoever.
22 "Petroleum product" includes motor gasoline, kerosene,
23 distillates (including Number 2 fuel oil) and diesel fuel.
24 "Project" means an activity, entirely or largely conducted in
25 Pennsylvania, which cannot be effectively funded using privately
26 available resources, relating to:
27 (1) basic and applied research concerning energy use,
28 renewable energy resources and energy extraction, transmission,
29 storage or conversion;
30 (2) limited scale demonstration of innovative or
19950H2175B2741 - 29 -
1 commercially unproven technology to promote the production, use
2 or conservation of energy; [or]
3 (3) activities to promote or remove obstacles to the
4 utilization and transportation of Pennsylvania energy resources,
5 including but not limited to limited scale synthetic fuel
6 facilities and the conversion or technological improvement of
7 industrial, commercial or agricultural systems to utilize
8 Pennsylvania coal or renewable energy resources: Provided, That
9 no such facility unreasonably interferes with private waste
10 recycling industries[.];
11 (4) activities to promote and develop projects, on a local
12 or regional basis, for the cogeneration of power through the
13 utilization of solid waste; or
14 (5) activities which seek to reduce pollution and are
15 associated with energy development, production or distribution.
16 "Renewable energy source" means any method, process or
17 substance whose supply is rejuvenated through natural processes
18 and, subject to those material processes, remains relatively
19 constant, including, but not limited to, biomass conversion,
20 geothermal energy, solar and wind energy and hydroelectric
21 power, and excluding those sources of energy used in the fission
22 and fusion processes.
23 Section 2802-C. [Emergency Petroleum Product Shortages.--(a)
24 The Governor may, by executive order, proclaim a state of
25 emergency based upon a finding that there impends or exists a
26 substantial shortage of petroleum products available for use in
27 Pennsylvania which poses a serious threat to health, safety or
28 welfare of the public.] Energy or Fuel Supply Emergency.--(a)
29 In the event that the threat or danger of an energy or fuel
30 supply emergency is imminent, the Governor may, after
19950H2175B2741 - 30 -
1 consultation with the Lieutenant Governor, the Department of
2 Energy, the Pennsylvania Public Utility Commission and the
3 Department of Environmental Resources, declare a state of energy
4 or fuel supply emergency. A state of energy or fuel supply
5 emergency shall remain in effect for the maximum period of
6 ninety days [and may be extended], but may be terminated or
7 extended by the Governor unless the termination or extension is
8 disapproved by concurrent resolution adopted by both Houses of
9 the General Assembly. A state of emergency may be declared for
10 all or any portion of the Commonwealth.
11 (b) [Upon proclamation of a state of emergency, the Governor
12 shall designate a State agency to conduct emergency allocation
13 measures during the period of the declared emergency. Emergency
14 allocation measures may consist of:
15 (1) the administration of any emergency allocation powers
16 delegated to the State by the President or any Federal agency;
17 (2) the implementation of a set aside program, for not more
18 than one percent (1%) of the petroleum products available for
19 use in Pennsylvania, to alleviate hardship or meet emergency
20 needs. A set aside program shall be established in conformity
21 with any Federal law, regulations or executive orders governing
22 petroleum allocation, and shall apply only to petroleum products
23 found to be in a substantial shortage;
24 (3) measures to reduce the demand for or consumption of
25 gasoline; and
26 (4) other measures identified by the Governor in his
27 executive order proclaiming a state of emergency as necessary to
28 protect the public health, safety and welfare.
29 (c) The agency designated by the Governor to conduct
30 emergency measures may, during the period of the emergency,
19950H2175B2741 - 31 -
1 adopt rules and regulations pursuant to section 204 of the act
2 of July 31, 1968 (P.L.769, No.240), referred to as the
3 Commonwealth Documents Law. Any regulation adopted during a
4 state of emergency shall be automatically rescinded upon the
5 expiration of the emergency.
6 (d) The Governor may designate a state agency to monitor
7 supplies of petroleum products available for use in the
8 Commonwealth to determine whether there exists, or is likely to
9 exist, an emergency shortage.
10 (1) In order to monitor supplies of petroleum products, the
11 agency may require recordkeeping and periodic reports from
12 petroleum suppliers. These reporting and recordkeeping
13 requirements shall, to the maximum extent possible, employ
14 Federally mandated reports and records, avoid any unnecessary
15 duplicative reporting or recordkeeping, and minimize paperwork,
16 recordkeeping and reporting requirements.
17 (2) Reports filed and records maintained pursuant to this
18 subsection shall be deemed confidential.
19 (3) When a petroleum supplier or a company providing
20 information to a petroleum supplier claims that the information
21 requested by the agency is confidential, proprietary, market or
22 trade secret information, or when the information is deemed
23 confidential pursuant to this section, the agency shall not
24 disclose such information publicly or to any other governmental
25 agency unless the information is aggregated as part of a
26 statistical report in which the data and individual companies
27 supplying the data cannot be identified.
28 (4) No employe or appointee of the agency or other person
29 may release information from a petroleum product company that
30 would enable data provided by or relating to individual
19950H2175B2741 - 32 -
1 customers of the petroleum company to be identified as relating
2 to or coming from the individual customer. Any person disclosing
3 such information in violation of this section shall be guilty of
4 a misdemeanor, shall be subject to disciplinary action,
5 including reprimand, suspension or termination, and may be
6 ordered to make restitution to any injured or aggrieved party
7 for losses or damages shown.
8 (5) In order to obtain information required pursuant to this
9 subsection, the agency designated by the Governor to monitor
10 supplies of petroleum products may receive or share information
11 from any other Commonwealth, Federal or local agency: Provided,
12 That the agency shall provide the same confidentiality to
13 information recovered as is provided by the supplying agency.]
14 Upon proclamation of a state of emergency, the Governor shall
15 have the power:
16 (1) To direct the Department of Energy to conduct emergency
17 petroleum allocation measures which may consist of any of the
18 following:
19 (i) The administration of any emergency petroleum allocation
20 powers delegated to the State by the President of the United
21 States or any Federal agency.
22 (ii) The implementation of a set-aside program, for not more
23 than one percent (1%) of the petroleum products available for
24 use in this Commonwealth, to alleviate hardship or meet
25 emergency needs. A set-aside program shall be established in
26 conformity with any Federal law, regulations or executive orders
27 governing petroleum allocation, and shall apply only to
28 petroleum products found to be in a substantial shortage.
29 (iii) Measures to reduce the demand for or consumption of
30 petroleum products.
19950H2175B2741 - 33 -
1 (iv) The adoption of rules and regulations in the manner
2 provided by law. Any regulation adopted during a state of
3 emergency shall be automatically rescinded upon the expiration
4 of the emergency.
5 (v) Any other measures deemed necessary to protect the
6 public health, safety and welfare.
7 (2) To encourage increased use of renewable energy sources.
8 (3) To suspend or modify existing State standards and
9 requirements affecting or affected by the use of energy
10 resources, including those related to air quality control.
11 (4) To order specific restrictions on the use and sale of
12 energy resources, including, but not limited to:
13 (i) Restrictions on the interior temperature of public,
14 commercial, industrial and school buildings.
15 (ii) Restrictions on the hours and days during which public,
16 commercial, industrial and school buildings may be open.
17 (iii) Restrictions on lighting levels in public, commercial,
18 industrial and school buildings.
19 (iv) Restrictions on the use of display and decorative
20 lighting.
21 (v) Restrictions on the use of privately owned vehicles or a
22 reduction in speed limits.
23 (vi) Restrictions on the use of public transportation,
24 including directions to close a public transportation facility.
25 (vii) Restrictions on the use of pupil transportation
26 programs operated by public schools.
27 (viii) Reduction in the number of elevators operating in
28 office buildings during nonpeak hours.
29 (ix) Curtailment of nighttime sports, entertainment and
30 recreational activities.
19950H2175B2741 - 34 -
1 (x) Closing of public museums, art galleries and historic
2 buildings.
3 (xi) Requiring Sunday closings of retail establishments,
4 except for those retail establishments that provide goods or
5 services essential to the public welfare.
6 (xii) Reduction in the number of hours during which retail
7 establishments may be open for business, except for those retail
8 establishments which provide goods or services essential to the
9 public welfare. Any retail establishment subject to this
10 subclause shall be permitted to set its specific hours of
11 operation, provided the total number of hours does not exceed
12 the maximum number of hours authorized pursuant to this
13 subclause.
14 (c) Any restrictions ordered by the Governor shall be
15 automatically rescinded upon the expiration of the emergency.
16 (d) Any actions taken by the Governor pursuant to this
17 section, insofar as they may apply to a regulated utility, shall
18 not conflict with or supersede regulations or orders of the
19 Pennsylvania Public Utility Commission or curtailment procedures
20 on file with the commission, nor shall any restrictions on the
21 use of fuel for the generation of energy or on the
22 transportation of fuel for the generation of energy be imposed
23 prior to consultation with the commission.
24 (e) An executive order, proclamation or directive issued
25 under this section shall be disseminated promptly by means
26 calculated to bring its contents to the attention of the
27 citizens of this Commonwealth and published in accordance with
28 the law. The Governor shall notify the General Assembly promptly
29 of an executive order, proclamation or directive issued under
30 this article.
19950H2175B2741 - 35 -
1 (f) Any person who knowingly violates any order,
2 proclamation or directive issued by the Governor under this
3 section commits a misdemeanor of the third degree and shall,
4 upon conviction, be sentenced to pay a fine of not more than
5 five hundred dollars ($500). Each day of a continuing violation
6 shall be a separate offense.
7 (g) Nothing in this article shall limit the authority of the
8 Pennsylvania Public Utility Commission to regulate public
9 utility service as provided in Title 66 of the Pennsylvania
10 Consolidated Statutes (relating to public utilities).
11 Section 12. The act is amended by adding a section to read:
12 Section 2802.1-C. Coordination of Monitoring of Supplies of
13 Energy Resources.--(a) The Department of Energy shall
14 coordinate the monitoring of supplies of energy resources
15 available for use in this Commonwealth to determine whether
16 there exists, or is likely to exist, an emergency shortage.
17 (b) In order to coordinate the monitoring of energy
18 resources, the department may require recordkeeping and periodic
19 reports from energy resource suppliers. These reporting and
20 recordkeeping requirements shall, to the maximum extent
21 possible, employ mandated reports and records of other
22 Commonwealth, Federal or local agencies, avoid any unnecessary
23 duplicative reporting or recordkeeping, and minimize paperwork,
24 recordkeeping and reporting requirements.
25 (c) Any agency that provides or receives reports or records
26 under this act, any other act, any rule or regulation or any
27 executive order or similar directive for the purpose of
28 monitoring or coordinating the monitoring of supplies of energy
29 resources shall keep such records or reports confidential unless
30 the reports or records are deemed to be public information
19950H2175B2741 - 36 -
1 pursuant to the act, rule or regulation, executive order or
2 directive under which they are provided.
3 (d) When an energy resource supplier or a company providing
4 information to an energy resource supplier claims that the
5 information requested by the agency is confidential,
6 proprietary, market or trade secret information, or when the
7 information is deemed confidential pursuant to this section, the
8 agency shall not disclose such information publicly or to any
9 other governmental agency unless the information is aggregated
10 as part of a statistical report in which the data and individual
11 companies supplying the data cannot be identified.
12 (e) No employe or appointee of the agency or other person
13 may release information from an energy resource company that
14 would enable data provided by or relating to individual
15 customers of the energy resource company to be identified as
16 relating to or coming from the individual customer. Any person
17 disclosing such information in violation of this section shall
18 be guilty of a misdemeanor of the third degree, shall be subject
19 to disciplinary action, including reprimand, suspension or
20 termination, and may be ordered to make restitution to any
21 injured or aggrieved party for losses or damages shown.
22 (f) In order to obtain information required pursuant to this
23 section, the Department of Energy may receive or share
24 information from any other Commonwealth, Federal or local
25 agency: Provided, however, That the Department of Energy shall
26 provide the same confidentiality to information received as is
27 provided by the supplying agency.
28 Section 13. Section 2803-C of the act, amended or added
29 December 14, 1982 (P.L.1213, No.280) and July 11, 1985 (P.L.211,
30 No.55), is amended to read:
19950H2175B2741 - 37 -
1 Section 2803-C. Energy Development Authority.--(a) There is
2 hereby established, within the Department of Energy, the Energy
3 Development Authority.
4 (b) The authority shall be governed and all of its corporate
5 powers exercised by a board of directors which shall be composed
6 of the following individuals:
7 (1) Nine members to be appointed by the Governor, one of
8 whom shall be designated as chairman. At least two members shall
9 be members of the general public. The members initially
10 appointed shall serve for terms of two, three and four years,
11 respectively, the particular term of each to be designated by
12 the Governor at the time of appointment. The terms of all of
13 their successors shall be four years each, except that any
14 person appointed to fill a vacancy shall serve only for the
15 unexpired term. Every member's term shall extend until his
16 successor is appointed and qualified. Any appointment of a
17 member of the authority shall be subject to the advice and
18 consent of a majority of all of the members of the Senate. Any
19 appointed member of the authority shall be eligible for
20 reappointment.
21 (2) The Secretary of Energy or his designee.
22 [(2)] (3) The Secretary of Environmental Resources or his
23 designee.
24 [(3)] (4) The Secretary of Banking or his designee.
25 [(4)] (5) The Secretary of Commerce or his designee.
26 [(5)] (6) The Secretary of Agriculture or his designee.
27 [(6)] (7) Two members of the Senate, one from the majority
28 party and one from the minority party, to be appointed by the
29 President pro tempore to serve at his pleasure, or the designees
30 appointed by such members.
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1 [(7)] (8) Two members of the House of Representatives, one
2 from the majority party and one from the minority party, to be
3 appointed by the Speaker of the House to serve at his pleasure,
4 or the designees appointed by such members.
5 [(8)] (9) The Consumer Advocate or his designee.
6 [(9)] (10) The Chairman of the Public Utility Commission or
7 his designee.
8 (11) The Chairman of the Energy Research and Development
9 Advisory Board.
10 (c) The members of the board of directors shall be entitled
11 to no compensation for their services as members but shall be
12 entitled to reimbursement for all necessary expenses incurred in
13 connection with the performance of their duties as members.
14 (d) The board of directors shall provide for the holding of
15 regular and special meetings. Ten directors attending shall
16 constitute a quorum for the transaction of any business and at
17 least six votes shall be required to adopt any action, except
18 that at least nine votes shall be required to approve financial
19 assistance for any project.
20 Section 14. Section 2804-C(a) of the act, added December 14,
21 1982 (P.L.1213, No.280), is amended to read:
22 Section 2804-C. Technical and Financial Support.--(a) The
23 [Governor shall designate a State agency to] Department of
24 Energy shall provide staff services to the authority for its
25 administration of the act, including technical services to
26 assist the authority in carrying out the provisions of this
27 article.
28 * * *
29 Section 15. Section 2807-C(a) of the act, amended December
30 15, 1988 (P.L.1239, No.152), is amended to read:
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1 Section 2807-C. Authority Indebtedness.--(a) The authority
2 shall have the power and hereby is authorized from time to time,
3 by resolution of the authority and subject to the written
4 approval of the Governor, to issue its negotiable bonds in such
5 principal amount as, in the opinion of the authority, shall be
6 necessary to provide sufficient funds for any of its corporate
7 purposes, the establishment of reserves to secure such bonds and
8 all other expenditures of the authority incident to and
9 necessary or convenient to carry out its corporate purposes and
10 powers. The authority may issue its bonds to provide financial
11 assistance for projects only after the authority has first
12 identified and approved such projects. The aggregate principal
13 amount of bonds and notes of the authority shall not exceed
14 [$300,000,000] $400,000,000 outstanding at any one time.
15 * * *
16 Section 16. All personnel, allocations, appropriations,
17 equipment, files, records, contracts, agreements, obligations
18 and other material which are used, employed or expended in
19 connection with the powers, duties or functions of the
20 Pennsylvania Energy Office are hereby transferred to the
21 Department of Energy established by this act with the same force
22 and effect as if the appropriations had been made to and said
23 items had been the property of the Department of Energy in the
24 first instance, and as if said contracts, agreements and
25 obligations had been incurred or entered into by the Department
26 of Energy. The personnel, appropriations, equipment and other
27 items and material transferred by this section shall include
28 Federal grants and funds and other benefits from any Federal
29 program.
30 Section 17. (a) The following are transferred to the
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1 Department of Energy:
2 (1) All bureaus, divisions and government units, or
3 portions thereof, in the Department of Environmental
4 Resources concerned with the function relating to any matter
5 within the jurisdiction of the Department of Energy.
6 (2) All bureaus, divisions and government units, or
7 portions thereof, in the Department of Commerce responsible
8 for the functions enumerated in section 2501-B(c), (d) and
9 (e) of the act.
10 (b) All personnel, allocations, appropriations, equipment,
11 files, records, contracts, agreements, obligations and other
12 materials which are used, employed or expended in connection
13 with the powers, duties or functions transferred by this act to
14 the Department of Energy are hereby transferred to the
15 Department of Energy with the same force and effect as if the
16 appropriations had been made to and said items had been the
17 property of the Department of Energy in the first instance and
18 as if said contracts, agreements and obligations had been
19 incurred or entered into by said Department of Energy.
20 (c) The personnel, appropriations, equipment and other items
21 and material transferred by this section shall include an
22 appropriate portion of the general administrative, overhead and
23 supporting personnel, appropriations, equipment and other
24 material of the agency and shall also include, where applicable,
25 Federal grants and funds and other benefits from any Federal
26 program.
27 (d) All personnel transferred pursuant to this act shall
28 retain any civil service employment status assigned to said
29 personnel.
30 Section 18. All positions in the Department of Energy shall
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1 be deemed to be "classified service" as defined in section 3(d)
2 of the act of August 5, 1941 (P.L.752, No.286), known as the
3 Civil Service Act, and the provisions and benefits of that act
4 shall be applicable to the employees of, and positions in, the
5 department.
6 Section 19. Whenever the Secretary of Environmental
7 Resources shall be entitled by law to serve on a board,
8 commission or other body relating to any matter within the
9 jurisdiction of the department, the Secretary of Energy shall
10 serve in his place as if the Secretary of Energy had been
11 designated to serve in the first instance.
12 Section 20. All orders, permits, regulations, decisions and
13 other actions of the Department of Environmental Resources or
14 any department, board, commission or agency whose functions have
15 been transferred by this act to the Department of Energy shall
16 remain in full force and effect until modified, repealed,
17 superseded or otherwise changed by appropriate action of the
18 Department of Energy.
19 Section 21. (a) Nothing set forth in this act shall
20 supersede any curtailment plans which are established and
21 approved by any Federal regulatory commission, the Pennsylvania
22 Public Utility Commission or any ordinance duly adopted by any
23 municipality or public gas system.
24 (b) All orders, permits, regulations, decisions and other
25 actions of the Pennsylvania Energy Office or any department,
26 board, commission or agency whose functions have been
27 transferred by this act to the Department of Energy shall remain
28 in full force and effect until modified, repealed, superseded or
29 otherwise changed by appropriate action of the Department of
30 Energy.
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1 (c) The Department of Energy shall not have any authority to
2 take any action affecting the jurisdiction of the Pennsylvania
3 Public Utility Commission or any Federal administrative or
4 regulatory agency. The Secretary of Energy or his designee,
5 however, shall have the authority to appear before the
6 Pennsylvania Public Utility Commission or any Federal
7 administrative or regulatory agency to provide information
8 concerning State energy policies.
9 Section 22. All acts and parts of acts are repealed insofar
10 as they are inconsistent with this act.
11 Section 23. Nothing in this act shall be construed to
12 abrogate or modify the power and jurisdiction of the Department
13 of Environmental Resources to administer the laws of this
14 Commonwealth except as provided in this act.
15 Section 24. This act shall take effect in 180 days.
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