PRINTER'S NO. 388
No. 374 Session of 2003
INTRODUCED BY O'PAKE, COSTA, KUKOVICH, WAGNER, KASUNIC,
SCHWARTZ, RHOADES, TARTAGLIONE AND BOSCOLA, MARCH 3, 2003
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, MARCH 3, 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.
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
25 9, 1929 (P.L.177, No.175), known as The Administrative Code of
26 1929, added July 9, 1976 (P.L.903, No.161), is amended to read:
27 ARTICLE IX-A
1 [OFFICE OF] CONSUMER ADVOCATE AND ENVIRONMENTAL ADVOCATE
2 Section 2. Section 901-A of the act, added July 9, 1976
3 (P.L.903, No.161), is amended to read:
4 Section 901-A. Definitions.--As used in this article:
5 "Commission" means the Pennsylvania Public Utility
6 Commission.
7 "Consumer" means any person (i) who makes a direct use or is
8 the ultimate recipient of a product or a service supplied by any
9 person or public utility subject to the authority of the
10 commission or (ii) who may be a direct user or ultimate
11 recipient of a product or service supplied by any person or
12 public utility subject to the authority of the commission and
13 may be affected in any way by any action within the authority of
14 the commission. The term "consumer" includes any "person,"
15 "corporation" or "municipal corporation" as defined in section 2
16 of the act of May 28, 1937 (P.L.1053, No.286), known as the
17 "Public Utility Law."
18 "Environmental agency" means the Pennsylvania Department of
19 Environmental Protection, the Pennsylvania Department of
20 Conservation and Natural Resources, the Environmental Hearing
21 Board and/or their successors.
22 "Public environmental interest" means the conservation,
23 preservation and maintenance of clean air, pure water, and the
24 natural, scenic, historic and esthetic values of the environment
25 for the benefit of all the people.
26 "Public utility" means public utility as defined in section
27 2(17), act of May 28, 1937 (P.L.1053, No.286), known as the
28 "Public Utility Law."
29 Section 3. The act is amended by adding sections to read:
30 Section 905.1-A. Office of Environmental Advocate.--(a)
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1 There is established within the Office of Attorney General an
2 Office of Environmental Advocate to represent the public
3 environmental interest. The Attorney General shall make the
4 appointment subject to the approval of a majority of the members
5 elected to the Senate.
6 (b) The Environmental Advocate shall be an individual who,
7 by reason of training, experience and attainment, is qualified
8 to represent the public environmental interest. Compensation
9 shall be set by the Executive Board.
10 (c) No individual who serves as Environmental Advocate may,
11 while serving in the position, engage in any business, vocation,
12 other employment, or have other interests, inconsistent with
13 official responsibilities.
14 (d) An individual who is appointed to the position of
15 Environmental Advocate may not seek election nor accept
16 appointment to political office during tenure as Environmental
17 Advocate and for a period of two years after the appointment is
18 served or terminated.
19 Section 905.2-A. Assistant Environmental Advocates;
20 Employes.--The Environmental Advocate, with the approval of the
21 Attorney General, shall appoint attorneys as assistant
22 environmental advocates and additional clerical, technical and
23 professional staff as appropriate and may contract for
24 additional services as necessary to represent the public
25 environmental interest. The compensation of assistant
26 environmental advocates and clerical, technical and professional
27 staff shall be set by the Executive Board. No assistant
28 environmental advocate or other staff employe may, while
29 serving, engage in any business, vocation, other employment, or
30 have other interests, inconsistent with official
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1 responsibilities.
2 Section 905.3-A. Powers and Responsibilities of
3 Environmental Advocate.--The Environmental Advocate has the
4 following powers and responsibilities:
5 (1) To monitor Federal and Commonwealth regulatory actions
6 which impact upon the public environmental interest.
7 (2) To represent the public environmental interest in
8 actions before a Federal or State court, environmental agency or
9 the commission. In making a decision to participate under this
10 clause, the Environmental Advocate shall consider the public
11 interest and resources available.
12 Section 4. Sections 906-A and 907-A of the act, added July
13 9, 1976 (P.L.903, No.161), are amended to read:
14 Section 906-A. Savings Provision; Construction.--(a)
15 Nothing contained [herein] in this article shall in any way
16 limit the right of any:
17 (1) consumer to bring a proceeding before either the
18 commission or a court; or
19 (2) person to bring a proceeding before an environmental
20 agency, a court or the commission.
21 (b) Nothing contained [herein] in this article shall be
22 construed to impair the statutory authority or responsibility of
23 [the]:
24 (1) the commission to regulate public utilities in the
25 public interest; or
26 (2) an environmental agency to discharge its statutory
27 functions.
28 Section 907-A. Reports.--(a) The Consumer Advocate shall
29 annually transmit to the Governor and the Attorney General and
30 to the General Assembly and shall make available to the public
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1 an annual report on the conduct of the Office of Consumer
2 Advocate. The Consumer Advocate shall make recommendations as
3 may from time to time be necessary or desirable to protect the
4 interest of consumers.
5 (b) The Environmental Advocate shall annually transmit to
6 the Governor, the Attorney General and the General Assembly, and
7 shall make available to the public, an annual report on the
8 conduct of the Office of Environmental Advocate. The
9 Environmental Advocate shall make recommendations as necessary
10 or desirable to protect the environmental interest of citizens.
11 Section 5. This act shall take effect in 180 days.
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