PRINTER'S NO. 3497
No. 2597 Session of 1982
INTRODUCED BY TADDONIO, DeWEESE, GRUPPO, SIEMINSKI, LAUGHLIN,
WESTON, SALVATORE AND PERZEL, JUNE 9, 1982
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 9, 1982
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 different
21 budget procedures for the Office of Consumer Advocate.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. Subsection (a) of section 904-A.1, act of April
25 9, 1929 (P.L.177, No.175), known as "The Administrative Code of
26 1929," amended July 1, 1978 (P.L.581, No.107), is amended to
27 read:
1 Section 904-A.1. Assessment Upon Public Utilities,
2 Disposition, Appropriation and Disbursement of such
3 Assessments.--(a) [Before July 1 of each year, the Office of
4 Consumer Advocate shall estimate its total expenditures in the
5 administration of this act insofar as it relates to public
6 utilities for the fiscal year beginning that date, which
7 estimate for the fiscal year 1977-1978 shall not exceed seven
8 per centum (7%) of the total assessment of the Public Utility
9 Commission for the same fiscal year levied pursuant to section
10 1201 of the act of May 28, 1937 (P.L.1053, No.286), known as the
11 "Public Utility Law." The Pennsylvania Public Utility
12 Commission's total assessment for fiscal 1977-1978 was twelve
13 million nine hundred fifty-four thousand five hundred forty-nine
14 dollars and ninety eight cents ($12,954,549.98) and seven per
15 centum (7%) of that figure is equivalent to nine hundred six
16 thousand eight hundred eighteen dollars ($906,818) for the
17 Office of Consumer Advocate. It is hereby declared that the
18 assessment for the Office of Consumer Advocate approved by the
19 Appropriation Committees of both the House and Senate of
20 Pennsylvania, and by the Governor for the fiscal year 1977-1978
21 in the amount of nine hundred four thousand dollars ($904,000)
22 is within the statutory limit of seven per centum (7%) of the
23 Pennsylvania Public Utility Commission's total assessment for
24 the fiscal year 1977-1978. For the fiscal year 1978-1979 and for
25 each fiscal year thereafter, the Office of Consumer Advocate's
26 estimate of its total expenditures for that fiscal year shall
27 not exceed five one hundredths of one per centum (.05%) of the
28 total gross intrastate operating revenues of all public
29 utilities subject to the jurisdiction of the Pennsylvania Public
30 Utility Commission for the preceding calendar year. Such
19820H2597B3497 - 2 -
1 estimate shall be submitted to the Governor and to the
2 Appropriation Committees of the House and Senate through their
3 respective chairmen for their respective approvals of such
4 estimate in the amount submitted or such lesser amount as each
5 of them may determine: Provided, That if the Governor or either
6 committee, through its chairman, shall fail to notify the Office
7 of Consumer Advocate in writing of his or its action within
8 thirty (30) days after such submission, the estimate as
9 submitted shall be deemed approved by him or by such committee,
10 as the case may be. The least of the amounts so approved by the
11 three (3) approving authorities shall be the final estimate, and
12 approval of such least amount shall constitute compliance with
13 section 604. The Office of Consumer Advocate shall subtract from
14 the final estimate the estimated balance of the appropriation to
15 be carried over into such fiscal year from the preceding one.
16 The remainder so determined, herein called the total assessment,
17 shall be allocated to, and paid by, such public utilities in the
18 manner hereafter prescribed. The Office of Consumer Advocate or
19 its designated representative shall be afforded an opportunity
20 to appear before the Senate and the House Appropriation
21 Committees regarding its estimate.] Before November 1 of each
22 year, the Attorney General shall estimate the total expenditures
23 for the Office of Consumer Advocate and submit the estimate,
24 together with estimates for the rest of the Attorney General's
25 Office to the Governor in accordance with section 610. Such
26 estimate shall not exceed five one hundredths of one per centum
27 (.05%) of the total gross intrastate operating revenues of the
28 public utilities under the jurisdiction of the Public Utility
29 Commission for the preceding calendar year. The Consumer
30 Advocate or his designated representatives shall be afforded an
19820H2597B3497 - 3 -
1 opportunity to appear before the Governor and the Senate and
2 House Appropriations Committees regarding their estimates. If
3 the General Assembly fails to approve the Consumer Advocate's
4 budget for the purposes of this section, by March 15, the Public
5 Utility Commission shall assess public utilities on the basis of
6 the last approved allocation. At such time as the General
7 Assembly approves the proposed budget, the Consumer Advocate and
8 the commission shall have the authority to make an adjustment in
9 the assessments to reflect the approved budget. The Attorney
10 General shall subtract from the final estimate any balance of
11 the appropriation to be carried over into such fiscal year from
12 the preceding one.
13 * * *
14 Section 2. The act is amended by adding a section to read:
15 Section 908-A. Sunset.--The Office of Consumer Advocate,
16 together with its statutory functions and duties, shall
17 terminate and go out of existence on December 31, 1988, unless
18 reestablished or continued by the General Assembly. Evaluation
19 and review, termination, reestablishment and continuation of the
20 agency shall be conducted pursuant to the provisions of the act
21 of December 22, 1981 (P.L.508, No.142), known as the "Sunset
22 Act."
23 Section 3. The budgetary procedures of section 1 shall apply
24 to the budget of the Office of the Consumer Advocate for fiscal
25 year 1983-1984 and thereafter.
26 Section 4. Section 4, act of July 9, 1976 (P.L.903, No.161),
27 entitled "An act amending the act of April 9, 1929 (P.L.177,
28 No.175), entitled 'An act providing for and reorganizing the
29 conduct of the executive and administrative work of the
30 Commonwealth by the Executive Department thereof and the
19820H2597B3497 - 4 -
1 administrative departments, boards, commissions, and officers
2 thereof, including the boards of trustees of State Normal
3 Schools, or Teachers Colleges; abolishing, creating,
4 reorganizing or authorizing the reorganization of certain
5 administrative departments, boards, and commissions; defining
6 the powers and duties of the Governor and other executive and
7 administrative officers, and of the several administrative
8 departments, boards, commissions, and officers; fixing the
9 salaries of the Governor, Lieutenant Governor, and certain other
10 executive and administrative officers; providing for the
11 appointment of certain administrative officers, and of all
12 deputies and other assistants and employes in certain
13 departments, boards, and commissions; and prescribing the manner
14 in which the number and compensation of the deputies and all
15 other assistants and employes of certain departments, boards and
16 commissions shall be determined,' providing for the office of
17 Consumer Advocate in the Department of Justice for a limited
18 period; and imposing powers and duties; and making an
19 appropriation," is repealed.
20 Section 5. This act shall take effect immediately.
D13L71RZ/19820H2597B3497 - 5 -