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                                                      PRINTER'S NO. 2825

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

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.
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     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
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     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
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     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.












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