HOUSE AMENDED
PRIOR PRINTER'S NOS. 134, 316, 405 PRINTER'S NO. 578
No. 128 Session of 1983
INTRODUCED BY BELL, MOORE, LOEPER, BODACK AND PECORA,
JANUARY 28, 1983
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 22, 1983
AN ACT
1 Amending the act of July 9, 1976 (P.L.903, No.161), entitled "An
2 act amending the act of April 9, 1929 (P.L.177, No.175),
3 entitled 'An act providing for and reorganizing the conduct
4 of the executive and administrative work of the Commonwealth
5 by the Executive Department thereof and the administrative
6 departments, boards, commissions, and officers thereof,
7 including the boards of trustees of State Normal Schools, or
8 Teachers Colleges; abolishing, creating, reorganizing or
9 authorizing the reorganization of certain administrative
10 departments, boards, and commissions; defining the powers and
11 duties of the Governor and other executive and administrative
12 officers, and of the several administrative departments,
13 boards, commissions, and officers; fixing the salaries of the
14 Governor, Lieutenant Governor, and certain other executive
15 and administrative officers; providing for the appointment of
16 certain administrative officers, and of all deputies and
17 other assistants and employes in certain departments, boards,
18 and commissions; and prescribing the manner in which the
19 number and compensation of the deputies and all other
20 assistants and employes of certain departments, boards and
21 commissions shall be determined,' providing for the office of
22 Consumer Advocate in the Department of Justice for a limited
23 period; and imposing powers and duties; and making an
24 appropriation," extending the time for the management of the
25 office of Consumer Advocate; establishing different budget
26 procedures; REQUIRING THE MONITORING OF CERTAIN FEDERAL <--
27 REGULATORY AGENCIES; and making a repeal.
28 The General Assembly of the Commonwealth of Pennsylvania
29 hereby enacts as follows:
1 Section 1. The act of July 9, 1976 (P.L.903, No.161),
2 entitled "An act amending the act of April 9, 1929 (P.L.177,
3 No.175), entitled 'An act providing for and reorganizing the
4 conduct of the executive and administrative work of the
5 Commonwealth by the Executive Department thereof and the
6 administrative departments, boards, commissions, and officers
7 thereof, including the boards of trustees of State Normal
8 Schools, or Teachers Colleges; abolishing, creating,
9 reorganizing or authorizing the reorganization of certain
10 administrative departments, boards, and commissions; defining
11 the powers and duties of the Governor and other executive and
12 administrative officers, and of the several administrative
13 departments, boards, commissions, and officers; fixing the
14 salaries of the Governor, Lieutenant Governor, and certain other
15 executive and administrative officers; providing for the
16 appointment of certain administrative officers, and of all
17 deputies and other assistants and employes in certain
18 departments, boards, and commissions; and prescribing the manner
19 in which the number and compensation of the deputies and all
20 other assistants and employes of certain departments, boards and
21 commissions shall be determined,' providing for the office of
22 Consumer Advocate in the Department of Justice for a limited
23 period; and imposing powers and duties; and making an
24 appropriation," is amended by adding a section to read:
25 Section 3.1. (A) Before November 1 of each year, the <--
26 Consumer Advocate shall estimate the total expenditures for the
27 Office of Consumer Advocate and submit the estimate to the
28 Governor in accordance with section 610 of the act. At the same
29 time the Consumer Advocate submits his estimate to the Governor,
30 the Consumer Advocate shall also submit that estimate to the
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1 General Assembly. Such estimate shall not exceed five one
2 hundredths of one percent (.05%) of the total gross intrastate
3 operating revenues of the public utilities under the
4 jurisdiction of the Public Utility Commission for the preceding
5 calendar year. The Consumer Advocate or his designated
6 representatives shall be afforded an opportunity to appear
7 before the Governor and the Senate and House Appropriations
8 Committees regarding his estimate. If the General Assembly fails
9 to approve the Consumer Advocate's budget for the purposes of
10 this section by March 30, the Public Utility Commission shall
11 assess public utilities on the basis of the last approved
12 allocation. At such time as the General Assembly approves the
13 proposed budget, the Consumer Advocate and the commission shall
14 make an adjustment in the assessments to reflect the approved
15 budget. The Consumer Advocate shall subtract from the budget
16 finally approved by the General Assembly any balance of the
17 appropriation to be carried over into such fiscal year from the
18 preceding one. THE REMAINDER SO DETERMINED SHALL CONSTITUTE THE <--
19 TOTAL ASSESSMENT FOR THE PURPOSES OF, AND SHALL BE ALLOCATED TO
20 AND PAID BY PUBLIC UTILITIES IN THE MANNER PRESCRIBED BY,
21 SECTION 904-A.1(B) THROUGH (I) OF THE ACT OF APRIL 9, 1929
22 (P.L.177, NO.175), KNOWN AS "THE ADMINISTRATIVE CODE OF 1929."
23 ALL ASSESSMENTS, ALLOCATED TO AND PAID BY PUBLIC UTILITIES IN
24 THE MANNER PRESCRIBED BY SECTION 904-A.1(B) THROUGH (I) OF "THE
25 ADMINISTRATIVE CODE OF 1929," BEFORE OR AFTER THE EFFECTIVE DATE
26 OF THIS ACT, SHALL BE HELD IN TRUST SOLELY FOR THE PURPOSE OF
27 DEFRAYING THE COST OF THE ADMINISTRATION AND PERFORMANCE OF THE
28 DUTIES OF THE OFFICE OF CONSUMER ADVOCATE RELATING TO
29 PROCEEDINGS BEFORE THE PENNSYLVANIA PUBLIC UTILITY COMMISSION,
30 THE CORRESPONDING REGULATORY AGENCIES OF THE UNITED STATES,
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1 RELATED JUDICIAL PROCEEDINGS, AND OTHER SUCH MATTERS WITHIN THE
2 JURISDICTION OF THE OFFICE OF CONSUMER ADVOCATE AND SHALL BE
3 EARMARKED FOR THE USE OF, AND ANNUALLY APPROPRIATED TO, THE
4 OFFICE OF CONSUMER ADVOCATE FOR DISBURSEMENT SOLELY FOR THAT
5 PURPOSE.
6 (B) THE CONSUMER ADVOCATE SHALL MONITOR ALL CASES BEFORE
7 CORRESPONDING REGULATORY AGENCIES OF THE UNITED STATES,
8 INCLUDING THE FEDERAL COMMUNICATIONS COMMISSION AND THE FEDERAL
9 ENERGY REGULATORY COMMISSION, WHICH IMPACT UPON THE INTERESTS OF
10 PENNSYLVANIA CONSUMERS AND MAY FORMALLY PARTICIPATE IN THOSE
11 PROCEEDINGS WHICH IN HIS JUDGMENT WARRANT SUCH PARTICIPATION.
12 Section 2. Section 4 of the act, amended October 4, 1978
13 (P.L.1016, No.222), is amended to read:
14 Section 4. This act shall take effect July 1, 1976 and shall
15 expire [June 30, 1984] December 31, 1989 unless the General
16 Assembly extends its existence [prior to April 1, 1983]. The
17 office of Consumer Advocate, together with its statutory
18 functions and duties, shall terminate and go out of existence on
19 December 31, 1989, unless reestablished or continued by the
20 General Assembly. Evaluation and review, termination,
21 reestablishment and continuation of the agency shall be
22 conducted pursuant to the provisions of the act of December 22,
23 1981 (P.L.508, No.142), known as the "Sunset Act."
24 Section 3. Section 904-A.1(a) AND (H) of the act of April 9, <--
25 1929 (P.L.177, No.175), known as The Administrative Code of
26 1929, is ARE repealed. <--
27 Section 4. The budgetary procedures of section 3.1 shall
28 apply to the budget of the Office of Consumer Advocate for the
29 fiscal year 1984-1985 and thereafter.
30 Section 5. This act shall take effect immediately.
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