PRIOR PRINTER'S NO. 180 PRINTER'S NO. 488
No. 175 Session of 1975
INTRODUCED BY MESSRS. SCHMITT, RENNINGER, MRS. GILLETTE, MESSRS.
BRUNNER, A. K. HUTCHINSON, ZEARFOSS, MRS. TOLL, MESSRS.
MANDERINO, SHANE, FINEMAN, ROMANELLI, LAUGHLIN, COHEN, TRELLO,
ROSS, ABRAHAM, SCHEAFFER, IRVIS, SCHWEDER, TAYLOR, WOJDAK,
DOYLE, GEORGE, GREENFIELD, MORRIS, BERLIN, PIEVSKY, MUSTO,
SHUPNIK, GREEN, O'KEEFE, PERRY, LEDERER, LETTERMAN, MRS.
KERNICK, MESSRS. COWELL, ZORD, REED, FEE, MILLIRON, PRATT,
MENHORN, ZEARFOSS, BENNETT, KOWALYSHYN, WARGO, RUGGIERO,
TADDONIO, O'DONNELL AND MRKONIC, JANUARY 28, 1975
AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 18, 1975
AN ACT
1 Creating the Department of Consumer Advocate, establishing its
2 powers and duties, and providing the method of its financing.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Short Title.--This act shall be known and may be
6 cited as the "Consumer Advocate Act."
7 Section 2. Definitions.--As used in this act:
8 "COMMISSION" MEANS THE PENNSYLVANIA PUBLIC UTILITY <--
9 COMMISSION.
10 "Consumer" means any person (i) who makes a direct use or is
11 the ultimate recipient of a product or a service supplied by any
12 person subject to a regulatory agency or (ii) who may be a
13 direct user or ultimate recipient of a product or service
14 supplied by any person subject to a regulatory agency and may be
1 affected in any way by any action within the authority of a
2 regulatory agency. The term "consumer" includes any "consumer"
3 as defined in the act of April 28, 1937 (P.L.417, No.105), known
4 as the "Milk Marketing Law," and any "insured" as used in the
5 act of June 11, 1947 (P.L.538, No.246), known as "The Casualty
6 and Surety Rate Regulatory Act," AND THE ACT OF JUNE 11, 1947 <--
7 (P.L.551, NO.247), KNOWN AS "THE FIRE, MARINE AND INLAND MARINE
8 RATE REGULATORY ACT," and any "person" or "corporation" as
9 defined in section 2 of the act of May 28, 1937 (P.L.1053,
10 No.286), known as the "Public Utility Law."
11 "DEPARTMENT" MEANS THE DEPARTMENT OF CONSUMER ADVOCATE. <--
12 "PUBLIC UTILITY" MEANS PUBLIC UTILITY AS DEFINED IN SECTION
13 2(17), ACT OF MAY 28, 1937 (P.L.1053, NO.286), KNOWN AS THE
14 "PUBLIC UTILITY LAW."
15 "Regulatory agencies" means the Milk Marketing Board, the
16 Pennsylvania Public Utility Commission and the Insurance
17 Department.
18 Section 3. Department of Consumer Advocate Established.--
19 There is hereby established the Department of Consumer Advocate
20 to represent the interests INTEREST of consumers before State <--
21 Regulatory Agencies of this Commonwealth.
22 Section 4. Department of Consumer Advocate.--The Department
23 of Consumer Advocate shall be headed by the Consumer Advocate
24 who shall be appointed by the Governor and shall serve at the
25 pleasure of the Governor. The Consumer Advocate shall be a
26 person who by reason of training, experience and attainment is
27 qualified to represent the interests INTEREST of consumers. His <--
28 compensation shall be set by the Executive Board AS DEFINED IN <--
29 SECTIONS 204 AND 709, ACT OF APRIL 9, 1929 (P.L.177, NO.175),
30 KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
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1 Section 5. Assistant Consumer Advocates; Employees.--The
2 Consumer Advocate shall appoint with the approval of the
3 Governor, attorneys as assistant consumer advocates and such
4 additional clerical, technical and professional staff as may be
5 appropriate, and may contract for such additional services as
6 shall be necessary for the performance of his function. The
7 compensation of assistant consumer advocates and such
8 professional and clerical CLERICAL, TECHNICAL AND PROFESSIONAL <--
9 staff shall be set by the Executive Board.
10 Section 6. Powers and Duties of the Consumer Advocate.--(a)
11 The Consumer Advocate shall have the power and the duty to
12 represent the interests INTEREST of consumers before the <--
13 regulatory agencies in any matter properly before such agencies,
14 initiating proceedings if in his judgment such may be necessary,
15 and before any court in connection with any matter involving
16 regulation by the regulatory agencies, whether on appeal or
17 otherwise initiated. Specifically and without limitation, the
18 Consumer Advocate shall be an affected party before each
19 regulatory agency and an aggrieved party on appeal from any
20 action or decision by a regulatory agency.
21 (b) The Consumer Advocate may exercise discretion in
22 DETERMINING THE INTERESTS OF CONSUMERS WHICH WILL BE ADVOCATED <--
23 IN ANY PARTICULAR PROCEEDING AND IN determining whether or not
24 to participate in or initiate any particular proceeding and in
25 so determining, may SHALL consider THE PUBLIC INTEREST, the <--
26 resources available and the substantiality of the effect of the
27 proceeding on the interest of consumers. The Consumer Advocate
28 may refrain from intervening when in the judgment of the
29 Consumer Advocate such is not necessary to represent adequately
30 the interest of consumers. UPON PETITION OF 20% OR 2,500 OF THE <--
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1 CONSUMERS, WHICHEVER IS LESS, WHO MAKE DIRECT USE OR ARE
2 ULTIMATE RECIPIENTS OF A PRODUCT OR SERVICE SUPPLIED BY A PERSON
3 SUBJECT TO A REGULATORY AGENCY, THE CONSUMER ADVOCATE SHALL
4 PARTICIPATE IN A PROCEEDING INVOLVING SUCH PERSON OR PROVIDE A
5 WRITTEN STATEMENT OF HIS REASONS FOR REFRAINING FROM
6 INTERVENING.
7 (c) Any action brought by the Consumer Advocate before a
8 court or an agency of this Commonwealth shall be brought in the
9 name of the person serving as Consumer Advocate and shall not be
10 brought in the name of the Commonwealth. The Consumer Advocate
11 may name a consumer or group of consumers in whose name the
12 action may be brought or may join with a consumer or group of
13 consumers in bringing the action.
14 Section 7. Reports.--The Consumer Advocate shall annually
15 transmit to the Governor and the General Assembly and shall make
16 available to the public an annual report on the conduct of the
17 department. The Consumer Advocate shall make recommendations as
18 may from time to time be necessary or desirable to protect the
19 interest of consumers.
20 Section 8. Subpoenas.--(a) Whenever the Consumer Advocate
21 has reason to believe that any person may have knowledge, or be
22 in possession, custody or control of any documentary material,
23 pertinent to a pending proposal or proceeding before a
24 regulatory agency, the Consumer Advocate may issue in writing
25 and cause to be served upon the person a subpoena which:
26 (1) compels the attendance of such person and requires that
27 person to submit to examination and give testimony under oath;
28 (2) requires the production of documentary material
29 pertinent to the investigation for inspection or copying; and
30 (3) requires answers to written interrogatories to be
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1 furnished under oath.
2 (b) The Consumer Advocate may issue successive subpoenas to
3 the same person in order to obtain additional information
4 pertinent to an ongoing proceeding.
5 (C) ANY SUBPOENA ISSUED HEREUNDER SHALL BE SUBJECT TO <--
6 INVALIDATION BY THE APPROPRIATE REGULATORY AGENCY UPON GOOD AND
7 PROPER CAUSE SHOWN FILED WITHIN TEN DAYS OF ITS SERVICE, EXCEPT
8 THAT ANY SUCH INVALIDATION SHALL BE SUBJECT TO IMMEDIATE APPEAL
9 BY THE DEPARTMENT OF CONSUMER ADVOCATE TO THE COMMONWEALTH
10 COURT.
11 Section 9. Duties of Regulatory Agencies.--In dealing with
12 any proposed action which may substantially affect the interest
13 of consumers, including but not limited to a proposed change of
14 rates and the adoption of rules, regulations, guidelines,
15 orders, standards or final policy decisions, each regulatory
16 agency shall:
17 (1) Notify the Consumer Advocate when notice of the proposed
18 action is given to the public or at a time fixed by agreement
19 between the Consumer Advocate and the regulatory agency in a
20 manner to assure the Consumer Advocate reasonable notice and
21 adequate time to determine whether to intervene in such matter.
22 (2) Consistent with its other statutory responsibilities,
23 take such action with due consideration to the interest of
24 consumers.
25 Section 10. Savings Provision; Construction.--(a) Nothing
26 contained herein shall in any way limit the right of any
27 consumer to bring a proceeding before either a regulatory agency
28 or a court.
29 (b) Nothing contained herein shall be construed to impair
30 the statutory authority or responsibility of any regulatory
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1 agency to protect and promote the interest of consumers.
2 Section 11. Appropriation; Surcharge by Pennsylvania Public <--
3 Utility Commission.--(a) For the administration and performance
4 of the duties of the Consumer Advocate relating to proceedings
5 before the Pennsylvania Public Utility Commission, related
6 judicial proceedings and other such matters handled by the
7 Department of Consumer Advocate, there is hereby appropriated to
8 the Department of Consumer Advocate for each fiscal year, an
9 amount equal to 10% of the budget of the Pennsylvania Public
10 Utility Commission, and such amount shall be added as a
11 surcharge to the regulatory expenses assessed by the
12 Pennsylvania Public Utility Commission pursuant to section 1201
13 of the act of May 28, 1937 (P.L.1053, No.286), known as the
14 "Public Utility Law." Any funds appropriated hereunder that are
15 unexpended or unencumbered at the end of the fiscal year shall
16 be deducted from the appropriation for the succeeding fiscal
17 year.
18 (b) The Consumer Advocate shall maintain a record of all
19 expenditures and shall allocate a proportion thereof to reflect
20 on a reasonable basis the cost of proceeding before the
21 Pennsylvania Public Utility Commission and related judicial
22 proceedings and other such matters handled by the Department of
23 Consumer Advocate.
24 SECTION 11. ASSESSMENT UPON PUBLIC UTILITIES, DISPOSITION, <--
25 APPROPRIATION AND DISBURSEMENT OF SUCH ASSESSMENTS.--(A) BEFORE
26 JULY 1 OF EACH YEAR, THE CONSUMER ADVOCATE SHALL ESTIMATE ITS
27 TOTAL EXPENDITURES IN THE ADMINISTRATION OF THIS ACT IN SO FAR
28 AS IT RELATES TO PUBLIC UTILITIES FOR THE FISCAL YEAR BEGINNING
29 THAT DATE, WHICH ESTIMATE SHALL NOT EXCEED .02% OF THE TOTAL
30 GROSS INTRASTATE OPERATING REVENUES OF THE PUBLIC UTILITIES
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1 UNDER THE JURISDICTION OF THE PENNSYLVANIA PUBLIC UTILITY
2 COMMISSION FOR THE PRECEDING CALENDAR YEAR. SUCH ESTIMATE SHALL
3 BE SUBMITTED TO THE GOVERNOR, AND TO THE APPROPRIATION
4 COMMITTEES OF THE HOUSE AND SENATE THROUGH THEIR RESPECTIVE
5 CHAIRMEN, FOR THEIR RESPECTIVE APPROVALS OF SUCH ESTIMATE IN THE
6 AMOUNT SUBMITTED OR SUCH LESSER AMOUNT AS EACH OF THEM MAY
7 DETERMINE: PROVIDED, THAT IF THE GOVERNOR OR EITHER COMMITTEE,
8 THROUGH ITS CHAIRMAN, SHALL NOT NOTIFY THE CONSUMER ADVOCATE IN
9 WRITING OF HIS OR ITS ACTION WITHIN 30 DAYS AFTER SUCH
10 SUBMISSION, THE ESTIMATE AS SUBMITTED SHALL BE DEEMED APPROVED
11 BY HIM OR BY SUCH COMMITTEE, AS THE CASE MAY BE. THE LEAST OF
12 THE AMOUNTS SO APPROVED BY THE THREE APPROVING AUTHORITIES SHALL
13 BE THE FINAL ESTIMATE; AND APPROVAL OF SUCH LEAST AMOUNT SHALL
14 CONSTITUTE COMPLIANCE WITH SECTION 604 OF THE ACT OF APRIL 9,
15 1929 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF
16 1929." THE DEPARTMENT OF CONSUMER ADVOCATE SHALL SUBTRACT FROM
17 THE FINAL ESTIMATE, THE ESTIMATED BALANCE OF THE APPROPRIATION
18 TO BE CARRIED OVER INTO SUCH FISCAL YEAR FROM THE PRECEDING ONE.
19 THE REMAINDER SO DETERMINED, HEREIN CALLED THE TOTAL ASSESSMENT,
20 SHALL BE ALLOCATED TO, AND PAID BY, SUCH PUBLIC UTILITIES IN THE
21 MANNER HEREAFTER PRESCRIBED. THE CONSUMER ADVOCATE OR ITS
22 DESIGNATED REPRESENTATIVE SHALL, WHEN REQUESTED, APPEAR BEFORE
23 THE SENATE AND THE HOUSE APPROPRIATION COMMITTEES.
24 (B) FOR EACH FISCAL YEAR BEGINNING WITH THE FISCAL YEAR
25 FOLLOWING THE FIRST FULL CALENDAR YEAR OF THE OPERATION OF THE
26 DEPARTMENT OF CONSUMER ADVOCATE, THE ALLOCATION SHALL BE MADE AS
27 FOLLOWS:
28 (1) THE DEPARTMENT OF CONSUMER ADVOCATE SHALL DETERMINE FOR
29 THE PRECEDING CALENDAR YEAR THE AMOUNT OF EXPENDITURES DIRECTLY
30 ATTRIBUTABLE, OR IN ITS JUDGMENT PROPERLY ALLOCABLE TO ITS
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1 ACTIVITIES IN CONNECTION WITH EACH GROUP OF UTILITIES FURNISHING
2 THE SAME KIND OF SERVICE, AND DEBIT THE AMOUNT SO DETERMINED TO
3 SUCH GROUP. FOR EACH PRIOR FISCAL YEAR THE AFORESAID ALLOCATION
4 SHALL BE BASED UPON THE EXPENDITURE EXPERIENCE IF ANY OF THE
5 DEPARTMENT OF CONSUMER ADVOCATE AND ITS EXPENDITURE ESTIMATE FOR
6 THE BALANCE OF THE FIRST 12 MONTHS OF ITS OPERATION.
7 (2) THE DEPARTMENT OF CONSUMER ADVOCATE SHALL THEN ALLOCATE
8 THE TOTAL ASSESSMENT PRESCRIBED BY SUBSECTION (A) TO EACH GROUP
9 IN THE PROPORTION WHICH THE SUM OF THE DEBITS MADE TO IT BEARS
10 TO THE SUM OF THE DEBITS MADE TO ALL GROUPS. THE DEPARTMENT OF
11 CONSUMER ADVOCATE SHALL TRANSMIT TO THE PENNSYLVANIA PUBLIC
12 UTILITY COMMISSION THE RESULT OF THE AFORESAID ALLOCATION.
13 (C) THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL
14 THEREAFTER COMPLETE THE ASSESSMENT PROCEDURE AND COLLECT THE
15 ASSESSMENTS AS FOLLOWS: EACH PUBLIC UTILITY WITHIN A GROUP SHALL
16 THEN BE ASSESSED FOR AND SHALL PAY TO THE PENNSYLVANIA PUBLIC
17 UTILITY COMMISSION SUCH PROPORTION OF THE AMOUNT ALLOCATED TO
18 ITS GROUP AS THE GROSS INTRASTATE OPERATING REVENUES OF THE
19 PUBLIC UTILITY FOR THE PRECEDING CALENDAR YEAR BEAR TO THE TOTAL
20 GROSS INTRASTATE OPERATING REVENUES OF ITS GROUP FOR THAT YEAR.
21 THE PENNSYLVANIA PUBLIC UTILITY COMMISSION SHALL GIVE NOTICE BY
22 REGISTERED OR CERTIFIED MAIL TO EACH PUBLIC UTILITY OF THE
23 AMOUNT LAWFULLY CHARGED AGAINST IT UNDER THE PROVISIONS OF THIS
24 SECTION, WHICH AMOUNT SHALL BE PAID BY THE PUBLIC UTILITY WITHIN
25 30 DAYS OF RECEIPT OF SUCH NOTICE, UNLESS THE COMMISSION
26 SPECIFIES ON THE NOTICES SENT TO ALL PUBLIC UTILITIES AN
27 INSTALLMENT PLAN OF PAYMENT, IN WHICH CASE EACH PUBLIC UTILITY
28 SHALL PAY EACH INSTALLMENT ON OR BEFORE THE DATE SPECIFIED
29 THEREFOR BY THE COMMISSION. WITHIN 15 DAYS AFTER RECEIPT OF SUCH
30 NOTICE, THE PUBLIC UTILITY AGAINST WHICH SUCH ASSESSMENT HAS
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1 BEEN MADE MAY FILE WITH THE COMMISSION OBJECTIONS SETTING OUT IN
2 DETAIL THE GROUNDS UPON WHICH THE OBJECTOR REGARDS SUCH
3 ASSESSMENT TO BE EXCESSIVE, ERRONEOUS, UNLAWFUL OR INVALID. THE
4 COMMISSION, AFTER NOTICE TO THE OBJECTOR, SHALL HOLD A HEARING
5 UPON SUCH OBJECTIONS. AFTER SUCH HEARING, THE COMMISSION SHALL
6 RECORD UPON ITS MINUTES ITS FINDINGS ON THE OBJECTIONS AND SHALL
7 TRANSMIT TO THE OBJECTOR, BY REGISTERED OR CERTIFIED MAIL,
8 NOTICE OF THE AMOUNT, IF ANY, CHARGED AGAINST IT IN ACCORDANCE
9 WITH SUCH FINDINGS, WHICH AMOUNT OR ANY INSTALLMENT THEREOF THEN
10 DUE, SHALL BE PAID BY THE OBJECTOR WITHIN TEN DAYS AFTER RECEIPT
11 OF NOTICE OF THE FINDINGS OF THE COMMISSION WITH RESPECT TO SUCH
12 OBJECTIONS. IF ANY PAYMENT PRESCRIBED BY THIS SUBSECTION IS NOT
13 MADE AS AFORESAID, THE COMMISSION MAY SUSPEND OR REVOKE
14 CERTIFICATES OF PUBLIC CONVENIENCE, CERTIFY AUTOMOBILE
15 REGISTRATIONS TO THE SECRETARY OF TRANSPORTATION FOR SUSPENSION
16 OR REVOCATION OR, THROUGH THE DEPARTMENT OF JUSTICE, MAY
17 INSTITUTE AN APPROPRIATE ACTION AT LAW FOR THE AMOUNT LAWFULLY
18 ASSESSED, TOGETHER WITH ANY ADDITIONAL COST INCURRED BY THE
19 COMMISSION OR THE DEPARTMENT OF JUSTICE BY VIRTUE OF SUCH
20 FAILURE TO PAY.
21 (D) NO SUIT OR PROCEEDING SHALL BE MAINTAINED IN ANY COURT
22 FOR THE PURPOSE OF RESTRAINING OR IN ANYWISE DELAYING THE
23 COLLECTION OR PAYMENT OF ANY ASSESSMENT MADE UNDER SUBSECTIONS
24 (A), (B) AND (C), BUT EVERY PUBLIC UTILITY AGAINST WHICH AN
25 ASSESSMENT IS MADE SHALL PAY THE SAME AS PROVIDED IN SUBSECTION
26 (C) OF THIS SECTION. ANY PUBLIC UTILITY MAKING ANY SUCH PAYMENT
27 MAY, AT ANY TIME WITHIN TWO YEARS FROM THE DATE OF PAYMENT, SUE
28 THE COMMONWEALTH IN AN ACTION AT LAW TO RECOVER THE AMOUNT PAID,
29 OR ANY PART THEREOF, UPON THE GROUND THAT THE ASSESSMENT WAS
30 EXCESSIVE, ERRONEOUS, UNLAWFUL, OR INVALID, IN WHOLE OR IN PART,
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1 PROVIDED OBJECTIONS, AS HEREINBEFORE PROVIDED, WERE FILED WITH
2 THE COMMISSION, AND PAYMENT OF THE ASSESSSMENT WAS MADE UNDER
3 PROTEST EITHER AS TO ALL OR PART THEREOF. IN ANY ACTION FOR
4 RECOVERY OF ANY PAYMENTS MADE UNDER THIS SECTION, THE CLAIMANT
5 SHALL BE ENTITLED TO RAISE EVERY RELEVANT ISSUE OF LAW, BUT THE
6 FINDINGS OF FACT MADE BY THE COMMISSION, PURSUANT TO THIS
7 SECTION, SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS THEREIN
8 STATED. ANY RECORDS, BOOKS, DATA, DOCUMENTS, AND MEMORANDA
9 RELATING TO THE EXPENSES OF THE COMMISSION SHALL BE ADMISSIBLE
10 IN EVIDENCE IN ANY COURT, AND SHALL BE PRIMA FACIE EVIDENCE OF
11 THE TRUTH OF THEIR CONTENTS. IF IT IS FINALLY DETERMINED IN ANY
12 SUCH ACTION THAT ALL OR ANY PART OF THE ASSESSMENT FOR WHICH
13 PAYMENT WAS MADE UNDER PROTEST WAS EXCESSIVE, ERRONEOUS,
14 UNLAWFUL, OR INVALID, THE DEPARTMENT OF CONSUMER ADVOCATE SHALL
15 MAKE A REFUND TO THE CLAIMANT OUT OF THE APPROPRIATION SPECIFIED
16 HEREIN AS DIRECTED BY THE COURT.
17 (E) THE PROCEDURE IN THIS SECTION PROVIDING FOR THE
18 DETERMINATION OF THE LAWFULNESS OF ASSESSMENTS AND THE RECOVERY
19 BACK OF PAYMENTS MADE PURSUANT TO SUCH ASSESSMENTS SHALL BE
20 EXCLUSIVE OF ALL OTHER REMEDIES AND PROCEDURES.
21 (F) IT IS THE INTENT AND PURPOSE OF THIS SECTION THAT EACH
22 PUBLIC UTILITY SHALL ADVANCE TO THE DEPARTMENT OF CONSUMER
23 ADVOCATE ITS REASONABLE SHARE OF THE COST OF ADMINISTERING THIS
24 ACT. THE DEPARTMENT OF CONSUMER ADVOCATE SHALL KEEP RECORDS OF
25 THE COSTS INCURRED IN CONNECTION WITH THE ADMINISTRATION AND
26 ENFORCEMENT OF THIS ACT, OR ANY OTHER ACT. THE DEPARTMENT OF
27 CONSUMER ADVOCATE AND THE PENNSYLVANIA PUBLIC UTILITY COMMISSION
28 SHALL ALSO KEEP A RECORD OF THE MANNER IN WHICH IT SHALL HAVE
29 COMPUTED THE AMOUNT ASSESSED AGAINST EVERY PUBLIC UTILITY. SUCH
30 RECORDS SHALL BE OPEN TO INSPECTION BY ALL INTERESTED PARTIES.
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1 THE DETERMINATION OF SUCH COSTS AND ASSESSMENTS BY THE
2 DEPARTMENT OF CONSUMER ADVOCATE AND THE PENNSYLVANIA PUBLIC
3 UTILITY COMMISSION, AND THE RECORDS AND DATA UPON WHICH THE SAME
4 ARE MADE, SHALL BE CONSIDERED PRIMA FACIE CORRECT; AND IN ANY
5 PROCEEDING INSTITUTED TO CHALLENGE THE REASONABLENESS OF
6 CORRECTNESS OF ANY ASSESSMENT UNDER THIS SECTION, THE PARTY
7 CHALLENGING THE SAME SHALL HAVE THE BURDEN OF PROOF.
8 (G) ALL ASSESSMENTS RECEIVED, COLLECTED, OR RECOVERED UNDER
9 THIS ACT SHALL BE PAID BY THE COMMISSION INTO THE GENERAL FUND
10 OF THE STATE TREASURY THROUGH THE DEPARTMENT OF REVENUE.
11 (H) ALL SUCH ASSESSMENTS HAVING BEEN ADVANCED BY PUBLIC
12 UTILITIES FOR THE PURPOSE OF DEFRAYING THE COST OF THE
13 ADMINISTRATION AND PERFORMANCE OF THE DUTIES OF THE CONSUMER
14 ADVOCATE RELATING TO PROCEEDINGS BEFORE THE PENNSYLVANIA PUBLIC
15 UTILITY COMMISSION, RELATED JUDICIAL PROCEEDINGS AND OTHER SUCH
16 MATTERS HANDLED BY THE DEPARTMENT OF CONSUMER ADVOCATE SHALL BE
17 HELD IN TRUST SOLELY FOR THAT PURPOSE, AND SHALL BE EARMARKED
18 FOR THE USE OF, AND ARE HEREBY APPROPRIATED TO, THE DEPARTMENT
19 OF CONSUMER ADVOCATE FOR DISBURSEMENT SOLELY FOR THAT PURPOSE.
20 (I) ALL REQUISITIONS UPON SUCH APPROPRIATION SHALL BE SIGNED
21 BY THE CONSUMER ADVOCATE OR SUCH DEPUTIES AS HE MAY DESIGNATE IN
22 WRITING TO THE STATE TREASURER, AND SHALL BE PRESENTED TO THE
23 STATE TREASURER AND DEALT WITH BY HIM AND THE TREASURY
24 DEPARTMENT IN THE MANNER PRESCRIBED BY THE FISCAL CODE.
25 (c) SECTION 12. GENERAL FUND APPROPRIATION.--In addition to <--
26 the moneys appropriated in subsection (a), SECTION 11, the sum <--
27 of $1,800,000 is hereby appropriated to the Department of
28 Consumer Advocate.
29 Section 12. 13. Effective Date.--This act shall take effect <--
30 immediately.
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