PRIOR PRINTER'S NO. 922
PRINTER'S NO. 1277
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
832
Session of
2023
INTRODUCED BY YAW, LAUGHLIN, LANGERHOLC, AUMENT, VOGEL, CULVER
AND BAKER, JUNE 20, 2023
SENATOR YAW, ENVIRONMENTAL RESOURCES AND ENERGY, AS AMENDED,
DECEMBER 12, 2023
AN ACT
Amending Title 71 (State Government) of the Pennsylvania
Consolidated Statutes, in boards and offices, establishing
the Independent Energy Office.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part V of Title 71 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 43
INDEPENDENT ENERGY OFFICE
Sec.
4301. Definitions.
4302. Office established.
4303. Duties of office.
4304. Committee.
4305. Appointment.
4306. Powers and duties of director.
4307. Records.
4308. ACCESS TO INFORMATION.
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§ 4301. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Committee." The Independent Energy Office Selection and
Organization Committee.
"COMMONWEALTH AGENCY." ANY OFFICE, DEPARTMENT, AUTHORITY,
BOARD, MULTISTATE AGENCY OR COMMISSION OF THE EXECUTIVE BRANCH.
THE TERM INCLUDES:
(1) THE GOVERNOR'S OFFICE.
(2) THE OFFICE OF ATTORNEY GENERAL, THE DEPARTMENT OF
THE AUDITOR GENERAL AND THE TREASURY DEPARTMENT.
(3) AN INDEPENDENT AGENCY AS DEFINED IN 62 PA.C.S. § 103
(RELATING TO DEFINITIONS).
(4) A STATE-AFFILIATED ENTITY AS DEFINED IN 62 PA.C.S. §
103.
(5) THE GENERAL ASSEMBLY.
(6) THE UNIFIED JUDICIAL SYSTEM.
"Director." The Director of the Independent Energy Office.
"Office." The Independent Energy Office established under
section 4302 (relating to office established).
§ 4302. Office established.
The Independent Energy Office is established as a nonpartisan
independent agency.
§ 4303. Duties of office.
(a) Mandatory.--The office shall:
(1) Plan recommendations that cover coal, natural gas
and oil, electric power, energy efficiency, solar, wind,
hydro, geothermal, biomass, landfill gas and , renewable
natural gas , NUCLEAR AND OTHER ENERGY TECHNOLOGIES .
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(2) Analyze policies, regulations and laws that relate
to energy generation, production or distribution.
(3) Provide at least one Statewide energy report each
legislative session presented to the General Assembly.
(4) Formulate and review the use of fossil, renewable
and energy efficiency initiatives designed to advance energy
resource development opportunities and provide energy
services to businesses, communities and homeowners in this
Commonwealth.
(b) Discretionary.--The office may:
(1) Provide independent studies on other State energy
policies to recommend to the Commonwealth.
(2) Track energy use, production and generation
statistics from year to year.
(3) Work with the General Assembly to establish a
Statewide energy plan.
§ 4304. Committee.
The Independent Energy Office Selection and Organization
Committee is established within the office. The committee shall
create and publish qualifications for director of the office.
The committee shall consist of the following members:
(1) The President pro tempore of the Senate.
(2) The Speaker of the House of Representatives.
(3) The Majority Leader of the Senate.
(4) The Minority Leader of the Senate.
(5) The Majority Leader of the House of Representatives.
(6) The Minority Leader of the House of Representatives.
(7) The chairperson of the Environmental Resources and
Energy Committee of the Senate.
(8) The minority chairperson of the Environmental
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Resources and Energy Committee of the Senate.
(9) The chairperson of the Environmental Resources and
Energy Committee of the House of Representatives.
(10) The minority chairperson of the Environmental
Resources and Energy Committee of the House of
Representatives.
§ 4305. Appointment.
(a) Director.--The office shall be headed by a director
appointed by the committee by May 30, 2025. The appointment
shall be made without regard to political affiliation and solely
on the basis of fitness to perform the duties of the office
based on qualifications published by the committee.
(b) Deputy director.--The director shall appoint a deputy
director who shall perform such duties as assigned by the
director and who shall, during the absence or incapacity of the
director or a vacancy, act as the director.
(c) Term.--The term of office of the director shall be six
years. An individual appointed as director to fill a vacancy
prior to the expiration of a term shall serve only for the
unexpired portion of that term. An individual serving as
director at the expiration of a term may continue to serve until
a successor is appointed.
(d) Removal.--The director may be removed by a concurrent
resolution passed by the Senate and the House of
Representatives.
§ 4306. Powers and duties of director.
(a) Personnel.--The director shall appoint and fix the
compensation of personnel as necessary to carry out the duties
and functions of the office. All personnel of the office shall
be appointed without regard to political affiliation and solely
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on the basis of their fitness to perform their duties.
(b) Experts and consultants.--In carrying out the duties and
functions of the office, the director may procure the temporary
or intermittent services of attorneys, experts or consultants or
organization thereof by contract.
§ 4307. Records.
The office shall be a legislative agency for purposes of the
act of February 14, 2008 (P.L.6, No.3), known as the Right-to-
Know Law.
§ 4308. ACCESS TO INFORMATION.
THE DIRECTOR SHALL SECURE INFORMATION, DATA, REPORTS,
STATISTICS OR OTHER RELEVANT INFORMATION FROM A COMMONWEALTH
AGENCY OR POLITICAL SUBDIVISION. A COMMONWEALTH AGENCY OR
POLITICAL SUBDIVISION SHALL SUBMIT TO THE DIRECTOR INFORMATION
WITHIN A REASONABLE AMOUNT OF TIME OF THE REQUEST TO ASSIST THE
DIRECTOR IN THE PERFORMANCE OF THE DUTIES OF THE OFFICE, OTHER
THAN MATERIAL, THE DISCLOSURE OF WHICH WOULD BE A VIOLATION OF
THE LAW.
Section 2. This act shall take effect in 60 days.
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