PRINTER'S NO. 1305

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1103 Session of 1977


        INTRODUCED BY KURY, MELLOW, SWEENEY, SCANLON, ROMANELLI,
           McKINNEY, MESSINGER, BELL, ORLANDO, STOUT, JUBELIRER, MURRAY,
           GURZENDA, STAPLETON, DUFFIELD AND HOLL, SEPTEMBER 27, 1977

        REFERRED TO CONSUMER AFFAIRS, SEPTEMBER 27, 1977

                                     AN ACT

     1  Amending Title 66 (Public Utilities) of the Pennsylvania
     2     Consolidated Statutes, adding provisions relating to energy
     3     conservation and control.

     4                         TABLE OF CONTENTS
     5                              TITLE 66
     6                          PUBLIC UTILITIES
     7                     PART II.  OTHER PROVISIONS
     8  Chapter 41.  Energy Conservation and Control
     9     Subchapter A.  Preliminary Provisions
    10  § 4101.  Short title of chapter.
    11  § 4102.  Definitions.
    12     Subchapter B.  Pennsylvania Energy Council
    13  § 4111.  Establishment of council.
    14  § 4112.  Organization of council.
    15  § 4113.  Powers and duties.
    16  § 4114.  Utilization of existing services and facilities.
    17  § 4115.  Access to facilities and records of energy industries.
    18  § 4116.  Subpoena and examination of witnesses and documents.

     1     Subchapter C.  Energy Information, Planning and Allocation
     2  § 4121.  Periodic reports from energy industries.
     3  § 4122.  Utilization of previously supplied information.
     4  § 4123.  Master energy plan.
     5  § 4124.  Emergency energy allocation plan.
     6  § 4125.  Declaration by Governor of disaster emergency.
     7  § 4126.  Powers during disaster emergency.
     8     Subchapter D.  Violations and Penalties
     9  § 4131.  Actions for injunctive relief.
    10  § 4132.  Civil penalties.
    11  § 4133.  Criminal penalties.
    12  § 4134.  Recommending license suspension or revocation.
    13     The General Assembly of the Commonwealth of Pennsylvania
    14  hereby enacts as follows:
    15     Section 1.  Part II of Title 66, act of November 25, 1970
    16  (P.L.707, No.230), known as the Pennsylvania Consolidated
    17  Statutes, is amended by adding a chapter to read:
    18                              TITLE 66
    19                          PUBLIC UTILITIES
    20  Part
    21    II.  Other Provisions
    22                              PART II
    23                          OTHER PROVISIONS
    24  Chapter
    25    41.  Energy Conservation and Control
    26                             CHAPTER 41
    27                  ENERGY CONSERVATION AND CONTROL
    28  Subchapter
    29     A.  Preliminary Provisions
    30     B.  Pennsylvania Energy Council
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     1     C.  Energy Information, Planning and Allocation
     2     D.  Violations and Penalties
     3                            SUBCHAPTER A
     4                       PRELIMINARY PROVISIONS
     5  Sec.
     6  4101.  Short title of chapter.
     7  4102.  Definitions.
     8  § 4101.  Short title of chapter.
     9     This chapter shall be known and may be cited as the "Energy
    10  Conservation and Control Law."
    11  § 4102.  Definitions.
    12     The following words and phrases when used in this chapter
    13  shall have, unless the context clearly indicates otherwise, the
    14  meanings given to them in this section:
    15     "Council."  The Pennsylvania Energy Council.
    16     "Director."  The director of the Pennsylvania Energy Council.
    17     "Disaster."  A man-made disaster, natural disaster or war-
    18  caused disaster.
    19     "Distributor."  A person who:
    20         (1)  imports into this Commonwealth fuels for use,
    21     distribution, storage or sale in this Commonwealth; or
    22         (2)  produces, refines, manufactures, blends or compounds
    23     fuels and sells, uses, stores or distributes fuels within
    24     this Commonwealth.
    25     "Energy."  Electricity however generated, fuels, petroleum
    26  products and gases.
    27     "Energy facility."  Any plant or operation which produces,
    28  converts, distributes or stores energy or converts one form of
    29  energy to another. The term does not include an operation
    30  conducted by a person acting only as a retail dealer.
    19770S1103B1305                  - 3 -

     1     "Energy industry."  A person engaged in the exploration,
     2  extraction, transportation, transmission, refining, processing,
     3  generation, distribution, sale or storage of energy.
     4     "Fuel."  Coal, petroleum products, gases and nuclear fuel,
     5  including enriched uranium, U235 and U238, and plutonium, U239.
     6     "Gases."  Natural gas, methane, liquified natural gas,
     7  synthetic natural gas, coal gas and other manufactured gases.
     8     "Man-made disaster."  Any industrial, nuclear or
     9  transportation accident, explosion, conflagration, power
    10  failure, natural resource shortage or other condition, except
    11  enemy action, resulting from man-made causes, such as oil spills
    12  and other injurious environmental contamination, which threatens
    13  or causes damage to property, human suffering, hardship or loss
    14  of life.
    15     "Natural disaster."  Any hurricane, tornado, storm, flood,
    16  high water, wind-driven water, tidal wave, earthquake,
    17  landslide, mudslide, snowstorm, drought, fire, explosion or
    18  other catastrophe which results in damage to property, hardship,
    19  suffering or possible loss of life.
    20     "Petroleum products."  Includes motor gasoline, middle
    21  distillate oils, residual fuel oils, aviation fuel, propane,
    22  butane, natural gasoline, naphtha, gas oils, lubricating oils
    23  and any other similar or dissimilar liquid hydrocarbons.
    24     "Purchase."  Includes, in addition to its ordinary meaning,
    25  any acquisition of ownership or possession including but not
    26  limited to condemnation by eminent domain proceedings.
    27     "Retail dealer."  A person who engages in the business of
    28  selling fuels from a fixed location including but not limited to
    29  a service station, filling station, store or garage directly to
    30  the ultimate users of the fuel.
    19770S1103B1305                  - 4 -

     1     "Sale."  Includes, in addition to its ordinary meaning, any
     2  exchange, gift, theft or other disposition. In cases where fuels
     3  are exchanged, given, stolen or otherwise disposed of, they
     4  shall be deemed to have been sold.
     5     "War-caused disaster."  Any condition following an attack
     6  upon the United States resulting in substantial damage to
     7  property or injury to persons in the United States caused by use
     8  of bombs, missiles, shellfire, nuclear, radiological, chemical
     9  or biological means, or other weapons or overt paramilitary
    10  actions, or other conditions such as sabotage.
    11     "Wholesale dealer."  A person who engages in the business of
    12  selling fuels to other persons who resell the fuel.
    13                            SUBCHAPTER B
    14                    PENNSYLVANIA ENERGY COUNCIL
    15  Sec.
    16  4111.  Establishment of council.
    17  4112.  Organization of council.
    18  4113.  Powers and duties.
    19  4114.  Utilization of existing services and facilities.
    20  4115.  Access to facilities and records of energy industries.
    21  4116.  Subpoena and examination of witnesses and documents.
    22  § 4111.  Establishment of council.
    23     There is hereby established the Pennsylvania Energy Council
    24  to assist in the direction, control and coordination of energy
    25  resources.
    26  § 4112.  Organization of council.
    27     (a)  Composition.--The council shall consist of the Governor
    28  ex officio, Lieutenant Governor, Adjutant General, Chairman of
    29  the Office of Emergency Preparedness, Chairman of the Public
    30  Utility Commission, Secretary of Environmental Resources,
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     1  Secretary of Transportation, Secretary of Community Affairs,
     2  President pro tempore of the Senate or his designee, Speaker of
     3  the House of Representatives or his designee and six citizens,
     4  to be appointed for terms of three years by the Governor by and
     5  with the advice and consent of a majority of the members elected
     6  to the Senate, at least two of whom shall be members of consumer
     7  or environmental groups, two of whom shall be elected municipal
     8  government officials and two of whom shall either be persons
     9  possessing knowledge and experience in the fields of oil, gas,
    10  coal or electricity or persons from the academic community who
    11  have expertise in energy related fields.
    12     (b)  Officers, quorum and meetings.--The Lieutenant Governor
    13  shall be the chairman and the council shall elect a vice
    14  chairman and secretary from the membership. Fifteen members of
    15  the council shall constitute a quorum. The council shall meet at
    16  the call of the chairman or a majority of its members.
    17     (c)  Employees and expenditures.--The council may employ a
    18  director and such technical, clerical, stenographic and other
    19  personnel, fix their compensation and may make such expenditures
    20  within the appropriation therefor or other funds made available
    21  to it as are necessary to carry out the purposes of this
    22  chapter.
    23     (d)  Compensation and expenses.--The members of the council
    24  shall serve without compensation but may be reimbursed for their
    25  actual and necessary traveling and other expenses incurred in
    26  connection with attendance upon meetings of the council.
    27     (e)  Offices, equipment and supplies.--The council shall be
    28  provided with appropriate office space, furniture, equipment,
    29  supplies, stationery and printing in the same manner as other
    30  Commonwealth agencies are supplied.
    19770S1103B1305                  - 6 -

     1     (f)  Conflict of interest.--No person who is an official or
     2  employee of the council shall participate in any manner in any
     3  decision or action of the council wherein the official or
     4  employee has a direct or indirect financial interest.
     5     (g)  Applicability of other law.--The council shall be
     6  subject to the provisions of the act of April 9, 1929 (P.L.177,
     7  No.175), known as "The Administrative Code of 1929," except as
     8  in this part otherwise provided.
     9  § 4113.  Powers and duties.
    10     The council shall:
    11         (1)  Be the central repository within this Commonwealth
    12     for the collection of energy information.
    13         (2)  Collect and analyze data relating to present and
    14     future demands and resources for all forms of energy.
    15         (3)  Have authority to require any energy industry within
    16     this Commonwealth to submit such information as shall be
    17     required to carry out the provisions of this chapter
    18     including but not limited to information necessary for
    19     determining the impact of any construction or development on
    20     the production, distribution, consumption or conservation of
    21     energy within this Commonwealth.
    22         (4)  Establish an energy information system which will
    23     provide for the forecasting and publishing of anticipated
    24     energy shortages and which will provide all data necessary to
    25     insure a fair and equitable distribution of available energy,
    26     permit a more efficient and effective use of available energy
    27     and provide the basis for long-term planning related to
    28     energy needs.
    29         (5)  Design, implement and enforce a program for the
    30     conservation of energy which program shall include but not be
    19770S1103B1305                  - 7 -

     1     limited to commercial, industrial and residential areas and
     2     may provide for the evaluation of energy systems as they
     3     relate to lighting, heating, refrigeration, air conditioning,
     4     building design and operation, and appliance manufacturing
     5     and operation.
     6         (6)  Inform and educate the public about the ways in
     7     which energy can be conserved.
     8         (7)  Monitor prices charged for energy within this
     9     Commonwealth, evaluate policies governing the establishment
    10     of rates and prices for energy and make recommendations for
    11     necessary changes in these policies to other concerned
    12     Federal and Commonwealth agencies and to the General
    13     Assembly.
    14         (8)  Have authority to conduct and supervise research
    15     projects and programs for the purpose of increasing the
    16     efficiency of energy use, developing new sources of energy,
    17     evaluating energy conservation measures and meeting other
    18     goals consistent with the intent of this chapter.
    19         (9)  Have authority to distribute and expend funds made
    20     available for the purpose of research projects and programs.
    21         (10)  Have authority to enter into interstate compacts in
    22     order to carry out energy research and planning with other
    23     states or the Federal Government where appropriate.
    24         (11)  Have authority to apply for, accept and expend
    25     grants-in-aid and assistance from private and public sources
    26     for energy programs. Notwithstanding any other law to the
    27     contrary, the council is designated as the Commonwealth
    28     agency to apply for, receive and expend Federal and other
    29     funding made available to the Commonwealth for the purposes
    30     of this chapter.
    19770S1103B1305                  - 8 -

     1         (12)  Have authority to adopt and promulgate rules and
     2     regulations necessary and proper to carry out the purposes of
     3     this chapter.
     4         (13)  Administer such regulations of agencies of the
     5     Federal Government as are applicable to the states including
     6     but not limited to state energy conservation plans.
     7  § 4114.  Utilization of existing services and facilities.
     8     In order to avoid duplication of services and facilities, the
     9  council shall utilize the services and facilities of existing
    10  officers and agencies of the Commonwealth and the political
    11  subdivisions thereof. These officers and agencies shall
    12  cooperate with and extend their services and facilities to the
    13  council as it shall request.
    14  § 4115.  Access to facilities and records of energy industries.
    15     The council shall have full power and authority whenever it
    16  shall deem it necessary or proper in carrying out any of the
    17  provisions of this chapter to enter upon the premises,
    18  buildings, machinery, system, plant or equipment and make any
    19  inspection, valuation, physical examination, inquiry or
    20  investigation of any and all plant and equipment, facilities,
    21  property and pertinent records, books, papers, memoranda,
    22  documents or effects whatsoever of any energy industry, and to
    23  hold any hearing for such purposes. In the exercise of these
    24  powers, the council may have access to and use any books,
    25  records or documents in the possession of any agency of the
    26  Commonwealth or any political subdivision thereof.
    27  § 4116.  Subpoena and examination of witnesses and documents.
    28     (a)  General rule.--The council shall have the power, in any
    29  part of this Commonwealth, to subpoena witnesses, administer
    30  oaths, examine witnesses or take such testimony, or compel the
    19770S1103B1305                  - 9 -

     1  production of such books, records, papers and documents as it
     2  may deem necessary or proper in and pertinent to any proceeding,
     3  investigation or hearing held or had by it and to do all
     4  necessary and proper things and acts in the lawful exercise of
     5  its powers or the performance of its duties.
     6     (b)  Fees for serving subpoena.--The fees for serving a
     7  subpoena shall be the same as those paid sheriffs for similar
     8  services.
     9     (c)  Penalty.--It is a summary offense for any individual
    10  subpoenaed to attend before the council, or its representative
    11  to fail to obey the command of the subpoena, or for any
    12  individual in attendance before the council or its
    13  representative to refuse to be sworn or to be examined, or to
    14  answer any relevant question, or to produce any relevant data,
    15  book, record, paper or document when ordered so to do by the
    16  council or its representative.
    17                            SUBCHAPTER C
    18            ENERGY INFORMATION, PLANNING AND ALLOCATION
    19  Sec.
    20  4121.  Periodic reports from energy industries.
    21  4122.  Utilization of previously supplied information.
    22  4123.  Master energy plan.
    23  4124.  Emergency energy allocation plan.
    24  4125.  Declaration by Governor of disaster emergency.
    25  4126.  Powers during disaster emergency.
    26  § 4121.  Periodic reports from energy industries.
    27     (a)  General rule.--The council shall adopt rules and
    28  regulations requiring the periodic reporting by energy
    29  industries of energy information which shall include but not be
    30  limited to the following:
    19770S1103B1305                 - 10 -

     1         (1)  Electrical generating capacity in this Commonwealth;
     2     long-range plans for additions to that capacity; efficiency
     3     of electrical generation; price and cost factors in
     4     electrical generation; types and quantities of fuels used;
     5     projections of future demand, consumption of electricity by
     6     sectors; and times, duration and levels of peak demand.
     7         (2)  Petroleum refining capacity; amount and type of fuel
     8     produced; amount and type of fuel sold; interstate transfers
     9     of fuel; price and cost factors in refining, production and
    10     sale; long-term plans for alterations or additions to
    11     refining capacity; and location, amount and type of fuel
    12     storage.
    13         (3)  Storage capacity for gases; amount and end uses of
    14     gases sold; and price and cost factors in the sale and use of
    15     gases.
    16         (4)  Such other information as the council may determine
    17     necessary for carrying out the purposes of this chapter.
    18     (b)  Filing copies of reports to Federal agencies.--The
    19  council may require the energy industry or person to file with
    20  it a copy of any report filed by the energy industry or person
    21  with any Federal agency.
    22     (c)  Oath or affirmation.--All information submitted shall be
    23  under oath or affirmation when required by the council.
    24     (d)  Annual report analyzing information.--The council shall
    25  at least annually publish a report analyzing all energy
    26  information collected.
    27  § 4122.  Utilization of previously supplied information.
    28     In order to avoid duplication of reporting by the energy
    29  industry, the council shall utilize any information previously
    30  supplied to officers and agencies of this Commonwealth and
    19770S1103B1305                 - 11 -

     1  political subdivisions thereof. These officers and agencies
     2  shall cooperate with and supply to the council such information
     3  as the council shall request.
     4  § 4123.  Master energy plan.
     5     The council shall prepare and, after public hearing, adopt a
     6  master plan for a period of ten years on the production,
     7  distribution, consumption and conservation of energy in this
     8  Commonwealth. The plan shall include long-term objectives but
     9  shall provide for the interim implementation of measures
    10  consistent with these objectives. The council may from time to
    11  time and after public hearing amend the master plan to maintain
    12  and keep the plan current. In preparing the master plan or any
    13  portion thereof or amendment thereto the council shall give due
    14  consideration to the energy needs and supplies in the several
    15  geographic areas of this Commonwealth and shall consult and
    16  cooperate with any Federal or Commonwealth agency having an
    17  interest in the production, distribution, consumption or
    18  conservation of energy.
    19  § 4124.  Emergency energy allocation plan.
    20     The council shall prepare and adopt, in conjunction with the
    21  Public Utility Commission and the Office of Emergency
    22  Preparedness, an emergency allocation plan, including a schedule
    23  of emergency energy curtailment based on a uniform
    24  classification of energy customers, specifying actions to be
    25  taken in the event of an impending serious shortage of energy
    26  which poses grave threats to the public health, safety or
    27  welfare. The council shall direct all Commonwealth agencies to
    28  develop, subject to approval by the council, contingency plans
    29  for dealing with these emergencies.
    30  § 4125.  Declaration by Governor of disaster emergency.
    19770S1103B1305                 - 12 -

     1     (a)  Responsibility to meet disasters.--The Governor is
     2  responsible for meeting the dangers to this Commonwealth and
     3  people presented by disasters.
     4     (b)  Executive orders, proclamations and regulations.--Under
     5  this chapter, the Governor may issue, amend and rescind
     6  executive orders, proclamations and regulations which shall have
     7  the force and effect of law.
     8     (c)  Declaration of disaster emergency.--A disaster emergency
     9  shall be declared by executive order or proclamation of the
    10  Governor upon finding that a disaster has occurred or that the
    11  occurrence or the threat of a disaster is imminent. The state of
    12  disaster emergency shall continue until the Governor finds that
    13  the threat or danger has passed or the disaster has been dealt
    14  with to the extent that emergency conditions no longer exist and
    15  terminates the state of disaster emergency by executive order or
    16  proclamation, but no state of disaster emergency may continue
    17  for longer than 30 days unless renewed by the Governor. The
    18  General Assembly by concurrent resolution may terminate a state
    19  of disaster emergency at any time. Thereupon, the Governor shall
    20  issue an executive order or proclamation ending the state of
    21  disaster emergency. All executive orders or proclamations issued
    22  under this subsection shall indicate the nature of the disaster,
    23  the area or areas threatened and the conditions which have
    24  brought the disaster about or which make possible termination of
    25  the state of disaster emergency. An executive order or
    26  proclamation shall be disseminated promptly by means calculated
    27  to bring its contents to the attention of the general public
    28  and, unless the circumstances attendant upon the disaster
    29  prevent or impede, shall be promptly filed with the council.
    30  § 4126.  Powers during disaster emergency.
    19770S1103B1305                 - 13 -

     1     (a)  General rule.--The council is authorized, in the event
     2  of a disaster emergency as proclaimed by the Governor pursuant
     3  to section 4125 (relating to declaration by Governor of disaster
     4  emergency), to the extent not in conflict with applicable
     5  Federal law or regulation but notwithstanding any State or local
     6  law or contractural agreement, to:
     7         (1)  Order any person to reduce by a specified amount the
     8     use of any energy form; to make use of an alternate energy
     9     form, where possible; or to cease the use of any energy form.
    10         (2)  Order any person engaged in the distribution of any
    11     energy form to reduce or increase by a specified amount or to
    12     cease the distribution of the energy form; to distribute a
    13     specified amount and type of energy form to certain users as
    14     specified by the council; or to share supplies of any energy
    15     form with other distributors thereof.
    16         (3)  Establish priorities for the distribution of any
    17     energy form.
    18         (4)  Regulate and control the distribution and sale of
    19     any energy form by:
    20             (i)  Establishing such limitations, priorities or
    21         rationing procedures as shall be necessary to insure a
    22         fair and equitable distribution of available supplies.
    23             (ii)  Establishing minimum and maximum quantities to
    24         be sold to any purchaser.
    25             (iii)  Fixing the days and hours of access to retail
    26         dealers.
    27             (iv)  Compelling sales to members of the general
    28         public during times when a retail dealer is open for the
    29         sale of an energy form.
    30             (v)  Establishing methods for notifying the public by
    19770S1103B1305                 - 14 -

     1         flags, symbols or other appropriate means whether retail
     2         dealers are open and selling the subject energy form.
     3         (5)  Direct the heads of those Commonwealth agencies that
     4     were ordered to develop contingency plans pursuant to section
     5     4122 (utilization of previously supplied information) to
     6     implement the plans.
     7         (6)  Order the temporary closing of public or private
     8     facilities by class including but not limited to any
     9     business, school or sports facility.
    10         (7)  Adopt and promulgate such rules and regulations as
    11     are necessary and proper to carry out the purposes of this
    12     section.
    13     (b)  Power of Governor to suspend laws, etc.--During the
    14  existence of a disaster emergency, the Governor may order the
    15  suspension of any laws, rules, regulations or orders of any
    16  agency of the Commonwealth or any political subdivision which
    17  deal with or affect energy and which impede the ability of the
    18  Governor to alleviate or terminate a disaster emergency. Upon
    19  declaring a disaster emergency, the Governor may supersede any
    20  other such emergency powers.
    21     (c)  Review of orders of council.--Any aggrieved person, upon
    22  application to the council, shall be granted a review of whether
    23  the continuance of any order issued by the council pursuant to
    24  this section is unreasonable in light of then prevailing
    25  conditions of emergency.
    26     (d)  Compelling assistance from Commonwealth agencies.--
    27  During a disaster emergency the council may require any other
    28  Commonwealth agency to provide such information, assistance,
    29  resources and personnel as shall be necessary to discharge the
    30  functions and responsibilities of the council under this
    19770S1103B1305                 - 15 -

     1  chapter, rules and regulations adopted under this chapter or
     2  applicable Federal laws and regulations.
     3     (e)  Powers of Governor and council cumulative.--The powers
     4  granted to the Governor and the council under this section shall
     5  be in addition to and not in limitation of any emergency powers
     6  now or hereafter vested in the Governor, the council or any
     7  other Commonwealth agency pursuant to any other laws, including
     8  but not limited to any power now vested in the Public Utility
     9  Commission to require utility companies to allocate available
    10  supplies of energy.
    11                            SUBCHAPTER D
    12                      VIOLATIONS AND PENALTIES
    13  Sec.
    14  4131.  Actions for injunctive relief.
    15  4132.  Civil penalties.
    16  4133.  Criminal penalties.
    17  4134.  Recommending license suspension or revocation.
    18  § 4131.  Actions for injunctive relief.
    19     Upon a violation of this chapter or of any rules, regulations
    20  or orders issued under this chapter, the council may institute a
    21  civil action in the Commonwealth Court or in the court of common
    22  pleas of the judicial district in which the violation occurs for
    23  injunctive relief to restrain the violation and for such other
    24  relief as the court shall deem proper. Neither the institution
    25  of this action nor any of the proceedings therein shall relieve
    26  any party to the proceedings from other fines or penalties
    27  prescribed for the violation by this chapter or by any rule,
    28  regulation or order issued under this chapter.
    29  § 4132.  Civil penalties.
    30     Any person who fails to provide energy information when so
    19770S1103B1305                 - 16 -

     1  required by the council shall be liable for a civil penalty of
     2  not more than $3,000 for each offense. If the violation is of a
     3  continuing nature, each day during which it continues shall
     4  constitute an additional and separate offense.
     5  § 4133.  Criminal penalties.
     6     (a)  Purchasers.--Any person purchasing or attempting to
     7  purchase energy in violation of section 4123 (relating to master
     8  energy plan) or any rules, regulations or orders issued
     9  thereunder commits a summary offense.
    10     (b)  Retail dealers.--Any retail dealer who violates section
    11  4123 or any rules, regulations or orders issued thereunder
    12  commits a summary offense.
    13     (c)  Suppliers.--Any distributor or any other supplier of
    14  energy who violates any of the provisions of section 4123 or of
    15  any rules, regulations or orders issued thereunder commits a
    16  misdemeanor of the first degree.
    17  § 4134.  Recommending license suspension or revocation.
    18     In addition to any other penalties provided under this
    19  chapter or other statute, the council may recommend to the
    20  appropriate agency the suspension or revocation of the license
    21  of any retail dealer, gasoline jobber, wholesale dealer,
    22  distributor or supplier of fuel who has violated this chapter or
    23  any rules, regulations or orders issued under this chapter.
    24     Section 2.  Governor's Energy Council abolished.
    25     (a)  General rule.--The Governor's Energy Council is hereby
    26  abolished and, except as otherwise provided by this act, all the
    27  functions, powers and duties of the existing Governor's Energy
    28  Council are hereby continued in the Pennsylvania Energy Council.
    29     (b)  Transfer of funds.--All appropriations, grants and other
    30  moneys available to the Governor's Energy Council are hereby
    19770S1103B1305                 - 17 -

     1  transferred to the Pennsylvania Energy Council created by this
     2  act and shall remain available for the objects and purposes for
     3  which appropriated, subject to any terms, restrictions,
     4  limitations or other requirements imposed by Federal or State
     5  law.
     6     (c)  Transfer of employees.--The employees of the Governor's
     7  Energy Council are hereby transferred to the Pennsylvania Energy
     8  Council. Nothing in this act shall be construed to deprive the
     9  employees of any rights or protections provided them by the
    10  civil service, pension or retirement laws of this Commonwealth.
    11     (d)  Transfer of property.--All files, books, papers,
    12  records, equipment and other property of the Governor's Energy
    13  Council are hereby transferred to the Pennsylvania Energy
    14  Council.
    15     (e)  Existing rules, regulations and orders.--The rules,
    16  regulations and orders of the Governor's Energy Council shall
    17  continue with full force and effect as the rules, regulations
    18  and orders of the Pennsylvania Energy Council until further
    19  amended or repealed.
    20     (f)  Construction of references.--Whenever in any law, rule,
    21  regulation, order, contract, document, judicial or
    22  administrative proceedings, or otherwise, reference is made to
    23  the Governor's Energy Council, the reference shall be considered
    24  to mean and refer to the Pennsylvania Energy Council.
    25  Section 3.  Expiration of Pennsylvania Energy Council.
    26     (a)  General rule.--Except as provided in subsection (b), the
    27  provisions of 66 Pa.C.S. Chap. 41 (relating to energy
    28  conservation and control) and the Pennsylvania Energy Council
    29  shall expire on June 30, 1978.
    30     (b)  Extension by General Assembly.--The General Assembly, by
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     1  concurrent resolution adopted prior to the then current
     2  expiration date, may extend the date of expiration for such
     3  additional period and for as many times as the General Assembly
     4  determines.
     5     Section 4.  Effective date.
     6     This act shall take effect in 60 days.
















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