PRINTER'S NO. 2825
No. 2048 Session of 2005
INTRODUCED BY GEORGE, THOMAS, BARRAR, BEBKO-JONES, BELARDI, BELFANTI, CALTAGIRONE, COHEN, CRAHALLA, DeLUCA, DeWEESE, FABRIZIO, FREEMAN, GEIST, GOOD, GOODMAN, GRUCELA, HANNA, HUTCHINSON, JAMES, JOSEPHS, KOTIK, LaGROTTA, LEACH, LEDERER, MANN, MARKOSEK, PETRARCA, PETRONE, PISTELLA, RUBLEY, SIPTROTH, SHANER, STABACK, SURRA, TANGRETTI, TIGUE, VEON, WALKO, YOUNGBLOOD AND YUDICHAK, OCTOBER 17, 2005
REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, OCTOBER 17, 2005
AN ACT 1 Establishing the Pennsylvania Energy Office and Advisory 2 Council; imposing duties on the Pennsylvania Energy Office; 3 establishing the Emergency Energy Assistance Grant Account; 4 and providing for allocation from the utilities' gross 5 receipts tax. 6 The General Assembly of the Commonwealth of Pennsylvania 7 hereby enacts as follows: 8 Section 1. Short title. 9 This act shall be known and may be cited as the Pennsylvania 10 Energy Office Act. 11 Section 2. Definitions. 12 The following words and phrases when used in this act shall 13 have the meanings given to them in this section unless the 14 context clearly indicates otherwise: 15 "Account." The Emergency Energy Assistance Grant Account 16 established under section 7.
1 "Office." The Pennsylvania Energy Office established under 2 section 3. 3 Section 3. Pennsylvania Energy Office. 4 The Pennsylvania Energy Office is established in the 5 Governor's Office to promote the goals of energy development and 6 energy conservation. 7 Section 4. Composition of office. 8 The Governor shall designate an executive director and hire 9 the staff of the office in accordance with procedures of the 10 Governor's Office of Administration and of the Office of the 11 Budget. 12 Section 5. Advisory Council. 13 The Advisory Council is established. The Governor shall 14 appoint persons to the council who shall be members of the 15 General Assembly, the business and transportation community of 16 this Commonwealth, public officials and the general public. The 17 purpose of the council is to provide advice and assistance to 18 the office on matters affecting the State's energy situation. 19 The members shall be reimbursed for the expense of participating 20 in council functions. 21 Section 6. Powers and duties of office. 22 The powers and duties of the office are as follows: 23 (1) To promote the development of this Commonwealth's 24 indigenous and renewable energy resources through programs 25 involving information and technical and financial assistance. 26 (2) To promote the efficient use of energy by the State 27 government and all sectors of this Commonwealth. Working with 28 the Governor's Green Government Council, the office will 29 encourage energy efficiency and conservation through programs 30 providing information and technical and financial assistance. 20050H2048B2825 - 2 -
1 The office will also work with the Pennsylvania Public 2 Utility Commission to develop specific programs to promote 3 energy efficiency for commercial, industrial and residential 4 consumers of deregulated utilities, such as natural gas and 5 electricity. 6 (3) To be the point of contact for private and 7 government energy matters and the lead Commonwealth agency 8 for energy policy development. The office will regularly 9 update the Commonwealth's energy policy to determine new 10 opportunities for energy development and energy conservation. 11 (4) To be the primary manager and coordinator of Federal 12 energy grants, petroleum overcharge funds and private energy 13 grants. 14 (5) To assist in the review of energy-related plans, 15 programs, policies and regulations of other Commonwealth 16 agencies and to provide recommendations to further promote 17 energy development and energy conservation. The office is 18 authorized to intervene in energy-related proceedings of the 19 Pennsylvania Public Utility Commission and other Federal or 20 State regulatory agencies. 21 (6) To monitor prices of petroleum and supplies of 22 petroleum products available for use in this Commonwealth to 23 determine whether there exists or is likely to exist an 24 emergency shortage under section 2802-C(d) of the act of 25 April 9, 1929 (P.L.177, No.175), known as The Administrative 26 Code of 1929, and to conduct emergency allocation measures 27 during a period of declared emergency petroleum product 28 shortage under section 2802-C of The Administrative Code of 29 1929. The office will also monitor the price and supply of 30 energy to provide information to the Governor on the changing 20050H2048B2825 - 3 -
1 impact of energy prices on the Commonwealth's economy. 2 (7) To assume the responsibilities assigned to the 3 Department of Environmental Protection under the act of June 4 28, 1995 (P.L.89, No.18), known as the Conservation and 5 Natural Resources Act, which had been assigned to the 6 Pennsylvania Energy Office under prior statutes, regulations 7 and executive orders, including the administration of the 8 funds transferred to the department under section 507 of that 9 act. 10 (8) To promote the establishment of a regional strategic 11 heating oil and diesel fuel reserve in the mid-Atlantic 12 states and other programs that ensure that energy shortages 13 or price surges do not harm the Commonwealth's economy. 14 (9) To provide grants to nonprofit entities, municipal 15 authorities, political subdivisions and corporations, limited 16 liability companies or partnerships incorporated or 17 registered in this Commonwealth to help provide emergency 18 energy assistance or weatherization to residents of this 19 Commonwealth. 20 Section 7. Emergency Energy Assistance Grant Account. 21 (a) Establishment.--There is hereby established a separate 22 account in the State Treasury to be known as the Emergency 23 Energy Assistance Grant Account. The moneys of the account are 24 hereby appropriated to the Pennsylvania Energy Office to carry 25 out the provisions of this section. The account shall be 26 administered by the office. The account shall consist of that 27 portion of revenues collected under the utilities gross receipts 28 tax collected as set forth in section 8. 29 (b) Expenditures.--Moneys from the fund shall be expended by 30 the office as grants to nonprofit entities, municipal 20050H2048B2825 - 4 -
1 authorities, political subdivisions and corporations, limited 2 liability companies or partnerships incorporated or registered 3 in this Commonwealth to help provide emergency energy assistance 4 or weatherization to residents of this Commonwealth. 5 Section 8. Allocation from utilities' gross receipts tax. 6 An amount equal to 0.25 mills of the utilities' gross 7 receipts tax collected during each fiscal year under Article XI 8 of the act of March 4, 1971 (P.L.6, No.2), known as the Tax 9 Reform Code of 1971, shall be transferred to the account for the 10 purpose of carrying out the provisions of this act. 11 Section 9. Effective date. 12 This act shall take effect in 60 days. J4L71SFL/20050H2048B2825 - 5 -