PRINTER'S NO. 416
No. 352 Session of 2003
INTRODUCED BY FRANKEL, LEACH, BEBKO-JONES, BELARDI, BISHOP,
BROWNE, BUTKOVITZ, CAWLEY, COSTA, CRUZ, CURRY, DeLUCA,
EACHUS, FREEMAN, GEORGE, GRUCELA, HORSEY, JAMES, JOSEPHS,
KELLER, LAUGHLIN, LEVDANSKY, MANN, McCALL, McGEEHAN, MELIO,
MUNDY, PALLONE, PETRARCA, PISTELLA, SCRIMENTI, SOLOBAY,
STABACK, STURLA, SURRA, TANGRETTI, THOMAS, TIGUE, VITALI,
WANSACZ, J. WILLIAMS, WOJNAROSKI AND WASHINGTON,
FEBRUARY 24, 2003
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 24, 2003
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," establishing the Office of
21 Environmental Advocate; and making editorial changes.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The heading of Article IX-A of the act of April
1 9, 1929 (P.L.177, No.175), known as The Administrative Code of
2 1929, added July 9, 1976 (P.L.903, No.161), is amended to read:
3 ARTICLE IX-A
4 [OFFICE OF] CONSUMER ADVOCATE AND ENVIRONMENTAL ADVOCATE
5 Section 2. Section 902-A(a) of the act, added July 9, 1976
6 (P.L.903, No.161), is amended to read:
7 Section 902-A. Office of Consumer Advocate.--(a) There is
8 hereby established within the [Department of Justice] Office of
9 Attorney General an Office of Consumer Advocate to represent the
10 interest of consumers before the Pennsylvania Public Utility
11 Commission.
12 * * *
13 Section 3. Section 904-A.1(c) of the act, added June 21,
14 1977 (P.L.19, No.15), is amended to read:
15 Section 904-A.1. Assessment Upon Public Utilities,
16 Disposition, Appropriation and Disbursement of such
17 Assessments.--* * *
18 (c) The Pennsylvania Public Utility Commission shall
19 thereafter complete the assessment procedure and collect the
20 assessments as follows: each public utility within a group shall
21 then be assessed for and shall pay to the Pennsylvania Public
22 Utility Commission such proportion of the amount allocated to
23 its group as the gross intrastate operating revenues of the
24 public utility for the preceding calendar year bear to the total
25 gross intrastate operating revenues of its group for that year,
26 but for the fiscal year 1977-1978 every public utility shall be
27 assessed for and shall pay to the commission such proportion of
28 the total assessment as the gross intrastate operating revenues
29 of the public utility for the preceding calendar year bear to
30 the total gross intrastate operating revenues of all public
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1 utilities that are assessed. The Pennsylvania Public Utility
2 Commission shall give notice by registered or certified mail to
3 each public utility of the amount lawfully charged against it
4 under the provisions of this section, which amount shall be paid
5 by the public utility within thirty (30) days of receipt of such
6 notice, unless the commission specifies on the notices sent to
7 all public utilities an installment plan of payment, in which
8 case each public utility shall pay each installment on or before
9 the date specified therefor by the commission. Within fifteen
10 (15) days after receipt of such notice, the public utility
11 against which such assessment has been made may file with the
12 commission objections setting out in detail the grounds upon
13 which the objector regards such assessment to be excessive,
14 erroneous, unlawful or invalid. The commission, after notice to
15 the objector, shall hold a hearing upon such objections. After
16 such hearing, the commission shall record upon its minutes its
17 findings on the objections and shall transmit to the objector,
18 by registered or certified mail, notice of the amount, if any,
19 charged against it in accordance with such findings, which
20 amount, or any installment thereof, then due shall be paid by
21 the objector within ten (10) days after receipt of notice of the
22 findings of the commission with respect to such objections. If
23 any payment prescribed by this subsection is not made as
24 aforesaid, the commission may suspend or revoke certificates of
25 public convenience, certify automobile registrations to the
26 Secretary of Transportation for suspension or revocation or,
27 through the [Department of Justice] Office of Attorney General,
28 may institute an appropriate action at law for the amount
29 lawfully assessed, together with any additional cost incurred by
30 the commission or the [Department of Justice] Office of Attorney
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1 General by virtue of such failure to pay.
2 * * *
3 Section 4. The act is amended by adding sections to read:
4 Section 905.1-A. Office of Environmental Advocate.--(a)
5 There is established within the Office of Attorney General an
6 Office of Environmental Advocate to represent the interest of
7 citizens before the Department of Conservation and Natural
8 Resources and the Department of Environmental Protection.
9 (b) The Environmental Advocate shall be an individual who,
10 by reason of training, experience and attainment, is qualified
11 to represent the environmental interests of the citizens of this
12 Commonwealth. Compensation shall be set by the Executive Board.
13 (c) No individual who serves as Environmental Advocate may,
14 while serving in the position, engage in any business, vocation,
15 other employment, or have other interests, inconsistent with
16 official responsibilities.
17 (d) An individual who is appointed to the position of
18 Environmental Advocate may not seek election nor accept
19 appointment to political office during tenure as Environmental
20 Advocate and for a period of two years after the appointment is
21 severed or terminated.
22 Section 905.2-A. Assistant Environmental Advocates;
23 Employes.--The Environmental Advocate, with the approval of the
24 Attorney General, shall appoint attorneys as assistant
25 environmental advocates and additional clerical, technical and
26 professional staff as appropriate and may contract for
27 additional services as necessary for the performance of the
28 function of environmental advocacy. The compensation of
29 assistant environmental advocates and clerical, technical and
30 professional staff shall be set by the Executive Board. No
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1 assistant environmental advocate or other staff employe may,
2 while serving, engage in any business, vocation, other
3 employment, or have other interests, inconsistent with official
4 responsibilities.
5 Section 905.3-A. Powers and Duties of Environmental
6 Advocate.--The Environmental Advocate has the following powers
7 and duties:
8 (1) To monitor Federal and Commonwealth regulatory actions
9 which impact upon the environmental interests of citizens.
10 (2) To represent the environmental interests of citizens in
11 an action before a Federal or State court or administrative
12 agency. In making a decision to participate under this clause,
13 the Environmental Advocate shall consider all of the following:
14 (i) Public interest.
15 (ii) Resources available.
16 (iii) Effect of the proceeding on the environmental
17 interests of citizens.
18 Section 5. Sections 906-A and 907-A of the act, added July
19 9, 1976 (P.L.903, No.161), are amended to read:
20 Section 906-A. Savings Provision; Construction.--(a)
21 Nothing contained [herein] in this article shall in any way
22 limit the right of any:
23 (1) consumer to bring a proceeding before either the
24 commission or a court; or
25 (2) citizen to bring a proceeding before the Department of
26 Conservation and Natural Resources, the Department of
27 Environmental Protection, the Environmental Hearing Board or a
28 court.
29 (b) Nothing contained [herein] in this article shall be
30 construed to impair the statutory authority or responsibility of
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1 the:
2 (1) commission to regulate public utilities in the public
3 interest; or
4 (2) agencies referred to in subsection (a)(1) to discharge
5 their statutory functions.
6 Section 907-A. Reports.--(a) The Consumer Advocate shall
7 annually transmit to the Governor and the Attorney General and
8 to the General Assembly and shall make available to the public
9 an annual report on the conduct of the Office of Consumer
10 Advocate. The Consumer Advocate shall make recommendations as
11 may from time to time be necessary or desirable to protect the
12 interest of consumers.
13 (b) The Environmental Advocate shall annually transmit to
14 the Governor, the Attorney General and the General Assembly, and
15 shall make available to the public, an annual report on the
16 conduct of the Office of Environmental Advocate. The
17 Environmental Advocate shall make recommendations as necessary
18 or desirable to protect the environmental interest of citizens.
19 Section 6. This act shall take effect in 180 days.
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