PRIOR PRINTER'S NOS. 922, 1277

PRINTER'S NO. 1567

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

AS AMENDED ON THIRD CONSIDERATION, APRIL 30, 2024

EXECUTIVE AND ADMINISTRATIVE WORK OF THE COMMONWEALTH BY THE

EXECUTIVE DEPARTMENT THEREOF AND THE ADMINISTRATIVE

DEPARTMENTS, BOARDS, COMMISSIONS, AND OFFICERS THEREOF,

INCLUDING THE BOARDS OF TRUSTEES OF STATE NORMAL SCHOOLS, OR

TEACHERS COLLEGES; ABOLISHING, CREATING, REORGANIZING OR

AUTHORIZING THE REORGANIZATION OF CERTAIN ADMINISTRATIVE

DEPARTMENTS, BOARDS, AND COMMISSIONS; DEFINING THE POWERS AND

DUTIES OF THE GOVERNOR AND OTHER EXECUTIVE AND ADMINISTRATIVE

OFFICERS, AND OF THE SEVERAL ADMINISTRATIVE DEPARTMENTS,

BOARDS, COMMISSIONS, AND OFFICERS; FIXING THE SALARIES OF THE

OF THE DEPUTIES AND ALL OTHER ASSISTANTS AND EMPLOYES OF

CERTAIN DEPARTMENTS, BOARDS AND COMMISSIONS SHALL BE

DETERMINED," IN ENERGY DEVELOPMENT AUTHORITY AND EMERGENCY

POWERS, FURTHER PROVIDING FOR DEFINITIONS AND FOR ENERGY

DEVELOPMENT AUTHORITY; PROVIDING FOR ENERGY DEVELOPMENT AND

ELECTRIC GENERATION PERMIT REVIEW PROGRAM, FOR ACCELERATED

ENERGY DEVELOPMENT AND ELECTRIC GENERATION PERMIT REVIEW

PROGRAM AND FOR PENNSYLVANIA OPPORTUNITIES WITH ENERGY

RELIABILITY AUTHORITY REGULATORY WAIVER PROGRAM; AND MAKING

EDITORIAL CHANGES.

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.

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. §

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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 , renewable natural

gas , nuclear and other energy technologies .

(2) Analyze policies, regulations and laws that relate

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.

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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

Resources and Energy Committee of the Senate.

(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.

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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

on the basis of their fitness to perform their duties.

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-

within a reasonable amount of time of the request to assist the

director in the performance of the duties of the office, other

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Section 2. This act shall take effect in 60 days.

SECTION 1. ARTICLE XXVIII-C HEADING OF THE ACT OF APRIL 9,

1929 (P.L.177, NO.175), KNOWN AS THE ADMINISTRATIVE CODE OF

1929, IS AMENDED TO READ:

ARTICLE XXVIII-C

[ENERGY DEVELOPMENT] PENNSYLVANIA OPPORTUNITIES WITH ENERGY

RELIABILITY AUTHORITY AND EMERGENCY POWERS

SECTION 2. THE DEFINITIONS OF "AUTHORITY" AND "PROJECT" IN

OPPORTUNITIES WITH ENERGY RELIABILITY AUTHORITY.

* * *

"PROJECT" MEANS AN ACTIVITY, ENTIRELY OR LARGELY CONDUCTED IN

PENNSYLVANIA, WHICH CANNOT BE EFFECTIVELY FUNDED USING PRIVATELY

AVAILABLE RESOURCES, RELATING TO:

(1) BASIC AND APPLIED RESEARCH CONCERNING ENERGY USE,

RENEWABLE ENERGY RESOURCES AND ENERGY EXTRACTION, TRANSMISSION,

STORAGE OR CONVERSION;

(2) LIMITED SCALE OR LARGE-SCALE DEMONSTRATION OF INNOVATIVE

OR COMMERCIALLY UNPROVEN TECHNOLOGY TO PROMOTE THE PRODUCTION,

USE OR CONSERVATION OF ENERGY; [OR]

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RECYCLING INDUSTRIES[.];

(4) ENERGY GENERATION ACTIVITIES SEEKING REVIEW UNDER

ARTICLE XXVIII-J, XXVIII-K OR XXVIII-L;

(5) A SMALL-SCALE ENERGY PROJECT THAT PROPOSES TO CONSTRUCT

OR MODIFY AN ELECTRICITY GENERATOR WITH A NAMEPLATE CAPACITY OF

LESS THAN 25 MEGAWATTS; OR

(6) A LARGE-SCALE ENERGY PROJECT THAT PROPOSES TO CONSTRUCT

OR MODIFY AN ELECTRICITY GENERATOR WITH A NAMEPLATE CAPACITY

EQUAL TO OR GREATER THAN 25 MEGAWATTS.

SECTION 3. SECTION 2803-C HEADING, (A), (B)(1), (8) AND (9)

AND (D) OF THE ACT ARE AMENDED AND SUBSECTION (B) IS AMENDED BY

POWERS EXERCISED BY A BOARD OF DIRECTORS WHICH SHALL BE COMPOSED

OF THE FOLLOWING INDIVIDUALS:

(1) [NINE MEMBERS TO BE APPOINTED BY THE GOVERNOR, ONE OF

WHOM SHALL BE DESIGNATED AS CHAIRMAN. AT LEAST TWO MEMBERS SHALL

BE MEMBERS OF THE GENERAL PUBLIC. THE MEMBERS INITIALLY

APPOINTED SHALL SERVE FOR TERMS OF TWO, THREE AND FOUR YEARS,

RESPECTIVELY, THE PARTICULAR TERM OF EACH TO BE DESIGNATED BY

THE GOVERNOR AT THE TIME OF APPOINTMENT. THE TERMS OF ALL OF

THEIR SUCCESSORS SHALL BE FOUR YEARS EACH, EXCEPT THAT ANY

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CONSENT OF A MAJORITY OF ALL OF THE MEMBERS OF THE SENATE. ANY

APPOINTED MEMBER OF THE AUTHORITY SHALL BE ELIGIBLE FOR

REAPPOINTMENT.] (RESERVED).

* * *

(8) THE CONSUMER ADVOCATE OR HIS DESIGNEE SHALL SERVE AS A

NONVOTING MEMBER.

(9) THE CHAIRMAN OF THE PUBLIC UTILITY COMMISSION OR HIS

DESIGNEE SHALL SERVE AS A NONVOTING MEMBER.

(10) THE SECRETARY OF TRANSPORTATION OR HIS DESIGNEE.

* * *

(D) THE BOARD OF DIRECTORS SHALL PROVIDE FOR THE HOLDING OF

CONSTITUTE A QUORUM, AND THE FOLLOWING SHALL APPLY:

(1) THE CONSENT OF AT LEAST FIVE MEMBERS OF THE BOARD, WITH

AT LEAST FOUR OF THE CONSENTING MEMBERS BEING APPOINTED UNDER

SUBSECTION (B)(6) AND (7), SHALL BE NECESSARY TO TAKE ACTION ON

BEHALF OF THE AUTHORITY FOR ANY OF THE FOLLOWING:

(I) ADOPTING BYLAWS.

(II) HIRING PROFESSIONALS.

(III) AUTHORIZING BONDS.

(IV) APPROVING PROJECTS AND CONTRACTS.

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SUBSECTION, THE BOARD SHALL ELECT A CHAIRPERSON.

SECTION 4. SECTION 2806-C(8) OF THE ACT IS AMENDED TO READ:

SECTION 2806-C. POWERS AND DUTIES.--THE AUTHORITY, AS A

PUBLIC CORPORATION AND GOVERNMENTAL INSTRUMENTALITY EXERCISING

PUBLIC POWERS OF THE COMMONWEALTH, IS HEREBY GRANTED AND SHALL

HAVE AND MAY EXERCISE ALL POWERS NECESSARY OR APPROPRIATE TO

CARRY OUT AND EFFECTUATE THE PURPOSES OF THIS ARTICLE, INCLUDING

THE FOLLOWING POWERS, IN ADDITION TO OTHERS HEREIN GRANTED:

* * *

(8) TO ACCEPT GRANTS FROM AND TO ENTER INTO CONTRACTS OR

OTHER TRANSACTIONS WITH ANY FEDERAL AGENCY. MONEY AWARDED TO THE

ENERGY DEVELOPMENT AND ELECTRIC

GENERATION PERMIT REVIEW PROGRAM

(A) PRELIMINARY PROVISIONS

SECTION 2801-J. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO ENERGY DEVELOPMENT AND ELECTRIC

GENERATION PERMIT REVIEW.

SECTION 2802-J. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

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(4) A PERMIT MODIFICATION.

(5) A PERMIT TRANSFER.

(6) A CHANGE OF OWNERSHIP OF A PERMIT.

"PROGRAM." THE ACCELERATED ENERGY DEVELOPMENT AND ELECTRIC

GENERATION PERMIT REVIEW PROGRAM.

"QUALIFYING STATE AGENCY." A STATE AGENCY AUTHORIZED BY

STATUTE TO ISSUE PERMITS RELATED TO A LARGE-SCALE ENERGY

PROJECT.

GENERATION PERMIT REVIEW PROGRAM

SECTION 2811-K. SCOPE OF SUBARTICLE.

AUTHORITY. THE PURPOSE OF THE PROGRAM SHALL BE TO PROVIDE AN

ACCELERATED METHOD, THROUGH THE USE OF QUALIFIED LICENSED

PROFESSIONALS, OF REVIEWING PERMIT APPLICATIONS FOR LARGE-SCALE

ENERGY PROJECTS THAT WOULD OTHERWISE BE SUBMITTED TO A STATE

AGENCY AUTHORIZED BY STATUTE TO ISSUE THE PERMITS.

(B) FEES.--THE AUTHORITY SHALL ESTABLISH A FEE TO BE PAID

UPON SUBMISSION OF A PERMIT APPLICATION. IF THE BOARD'S COST OF

REVIEWING THE APPLICATION EXCEEDS THE SUM OF THE FEE, THE

AUTHORITY SHALL ASSESS AN ADDITIONAL FEE TO COVER ALL COSTS.

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FOR PROPOSALS PROCEDURE, SELECT QUALIFIED LICENSED PROFESSIONALS

TO REVIEW PERMIT APPLICATIONS SUBMITTED UNDER THE PROGRAM.

(B) ELIGIBILITY.--IN ORDER TO BE SELECTED AS A QUALIFIED

LICENSED PROFESSIONAL, AN INDIVIDUAL MUST SATISFY THE FOLLOWING

CRITERIA:

(1) BE A PROFESSIONAL ENGINEER, LAND SURVEYOR,

GEOLOGIST, LANDSCAPE ARCHITECT OR OTHER LICENSED

PROFESSIONAL, WHICH MAY BE NECESSARY TO REVIEW APPLICATIONS

UNDER THE PROGRAM.

(2) HAVE AT LEAST THREE YEARS OF RELEVANT PERMITTING

EXPERIENCE IN THIS COMMONWEALTH.

A PERMIT APPLICATION RELATED TO A LARGE-SCALE ENERGY PROJECT TO

THE QUALIFYING STATE AGENCY, AN APPLICANT MAY ELECT TO SUBMIT

ITS PERMIT APPLICATION TO THE BOARD FOR ACCELERATED ENERGY

PERMIT REVIEW BY A QUALIFIED LICENSED PROFESSIONAL. THE

FOLLOWING SHALL APPLY:

(1) AFTER RECEIPT OF THE PERMIT APPLICATION AND PAYMENT

OF THE REQUIRED FEE, WITHIN 10 BUSINESS DAYS, THE BOARD SHALL

REFER THE PETITION TO A QUALIFIED LICENSED PROFESSIONAL TO

CONDUCT A REVIEW OF THE APPLICATION.

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THE PERMIT APPLICATION TO THE BOARD OR ANY OTHER CONFLICT OF

INTEREST HAS OCCURRED AS DETERMINED BY THE BOARD.

(B) (RESERVED).

(C) REVIEW BY QUALIFIED LICENSED PROFESSIONAL.--

(1) AFTER AN APPLICATION HAS BEEN REFERRED UNDER

SUBSECTION (A), THE QUALIFIED LICENSED PROFESSIONAL SHALL

CONDUCT A REVIEW OF THE PERMIT APPLICATION. WITHIN THE

STATUTORY TIME FRAME FOR SUCH A PERMIT OR WITHIN 120 DAYS,

WHICHEVER IS LESS, THE QUALIFIED LICENSED PROFESSIONAL SHALL

PRESENT ITS RECOMMENDATION TO THE BOARD.

(2) UPON RECEIPT OF A RECOMMENDATION FROM A QUALIFIED

STATE AGENCY, DIRECTING THAT THE PERMIT OR PERMITS BE ISSUED

OR DENIED IN ACCORDANCE WITH THE BOARD'S ORDER.

(4) IF THE BOARD VOTES TO REJECT THE QUALIFIED LICENSED

PROFESSIONAL'S RECOMMENDATION TO DENY THE INITIAL

APPLICATION, AN ORDER TO THAT EFFECT SHALL IMMEDIATELY BE

TRANSMITTED TO THE QUALIFYING STATE AGENCY DIRECTING THAT THE

PERMIT OR PERMITS BE ISSUED IN ACCORDANCE WITH THE BOARD'S

ORDER.

(5) COMMONWEALTH COURT SHALL HAVE ORIGINAL JURISDICTION

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AUTHORITY REGULATORY WAIVER PROGRAM

SECTION 2801-L. SCOPE OF ARTICLE.

THIS ARTICLE RELATES TO THE PENNSYLVANIA OPPORTUNITIES WITH

ENERGY RELIABILITY AUTHORITY REGULATORY WAIVER PROGRAM.

SECTION 2802-L. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE

CONTEXT CLEARLY INDICATES OTHERWISE:

"APPLICANT." AN INDIVIDUAL, CORPORATION, MUNICIPALITY,

MUNICIPAL AUTHORITY OR POLITICAL SUBDIVISION THAT SUBMITS AN

CAPACITY EQUAL TO OR GREATER THAN 25 MEGAWATTS.

"NAMEPLATE CAPACITY." THE MAXIMUM ELECTRICAL OUTPUT IN

MEGAWATTS THAT A GENERATOR CAN SUSTAIN OVER A SPECIFIED PERIOD

OF TIME WHEN NOT RESTRICTED BY SEASONAL OR OTHER DERATINGS AS

MEASURED IN ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF

ENERGY STANDARDS.

"PARTICIPANT." A PERSON WHOSE APPLICATION TO THE BOARD

SEEKING PARTICIPATION IN THE REGULATORY WAIVER PROGRAM HAS BEEN

APPROVED.

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SECTION 2803-L. REGULATORY WAIVER PROGRAM.

THE REGULATORY WAIVER PROGRAM IS ESTABLISHED IN THE

AUTHORITY.

SECTION 2804-L. BOARD DUTIES.

(A) DUTIES.--THE BOARD SHALL ADMINISTER THE REGULATORY

WAIVER PROGRAM IN ACCORDANCE WITH THIS ARTICLE AS FOLLOWS:

(1) THE BOARD SHALL CREATE AND POST TO ITS PUBLICLY

ACCESSIBLE INTERNET WEBSITE AN APPLICATION FORM TO BE

SUBMITTED BY AN APPLICANT SEEKING PARTICIPATION IN THE

REGULATORY WAIVER PROGRAM.

(2) AN APPLICANT SEEKING A REGULATORY WAIVER IN

BOARD'S PUBLICLY ACCESSIBLE INTERNET WEBSITE.

SCHEDULED PUBLIC MEETING OR WITHIN 45 DAYS, WHICHEVER IS

SOONER.

(B) FEES.--

(1) THE BOARD SHALL ESTABLISH AN APPLICATION FEE.

(2) THE BOARD MAY ESTABLISH ADDITIONAL FEES TO COVER THE

COSTS OF ADMINISTERING THE REGULATORY WAIVER PROGRAM.

(3) FEES SHALL BE DEPOSITED INTO THE PERMIT REVIEW AND

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APPROVE OR DENY THE APPLICATION AT A PUBLIC MEETING. THE

BOARD SHALL TAKE PUBLIC COMMENT BEFORE VOTING.

(2) (RESERVED).

(C.1) JUDICIAL REVIEW.--THE DENIAL OF AN APPLICATION

SUBMITTED UNDER THIS ARTICLE SHALL NOT BE SUBJECT TO JUDICIAL

REVIEW.

(D) PUBLIC NOTICE.--THE BOARD SHALL PROVIDE PUBLIC NOTICE OF

THE BOARD'S DECISION ON THE APPLICATION BY POSTING THE DECISION

ON ITS PUBLICLY ACCESSIBLE INTERNET WEBSITE.

(E) PROHIBITION.--NOTWITHSTANDING ANY OTHER PROVISION OF

THIS ARTICLE, THE BOARD MAY NOT ENTER INTO A WRITTEN AGREEMENT

AS APPROVED BY THE BOARD FOR A WAIVER UNDER THIS ARTICLE. THE

FOLLOWING SHALL APPLY:

(1) A PROSECUTOR MAY NOT FILE OR PURSUE CHARGES AGAINST

A PARTICIPANT FOR FAILURE TO COMPLY WITH A REGULATION THAT

THE BOARD HAS APPROVED FOR WAIVER.

(2) A STATE AGENCY MAY NOT FILE OR PURSUE ANY PUNITIVE

ACTION AGAINST A PARTICIPANT, INCLUDING A FINE OR LICENSE

SUSPENSION OR REVOCATION, FOR THE PARTICIPANT'S VIOLATION OF

A REGULATION THAT THE BOARD HAS APPROVED FOR WAIVER UNDER

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UNDER 18 PA.C.S. (RELATING TO CRIMES AND OFFENSES).

(2) A PARTICIPANT SHALL COMPLY WITH FEDERAL LAW AND

REGULATIONS GOVERNING CONSUMER PROTECTION.

(C) BOARD LIABILITY.--THE BOARD AND ITS EMPLOYEES SHALL NOT

BE LIABLE FOR ANY BUSINESS LOSS OR THE RECOUPING OF AN

APPLICATION EXPENSE OR OTHER EXPENSE RELATED TO A REGULATORY

WAIVER.

ARTICLE XXVIII-M

INDEPENDENT ENERGY OFFICE

SECTION 2801-M. DEFINITIONS.

THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ARTICLE

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.

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SECTION 2802-M. OFFICE ESTABLISHED.

THE INDEPENDENT ENERGY OFFICE IS ESTABLISHED AS A NONPARTISAN

INDEPENDENT AGENCY.

SECTION 2803-M . 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, RENEWABLE NATURAL

GAS, NUCLEAR AND OTHER ENERGY TECHNOLOGIES.

(2) ANALYZE POLICIES, REGULATIONS AND LAWS THAT RELATE

TO ENERGY GENERATION, PRODUCTION OR DISTRIBUTION AND SHARE

RESOURCE DEVELOPMENT OPPORTUNITIES, INCLUDING INNOVATIVE

TECHNOLOGIES, 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

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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

SECTION 2805-M . 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

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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.

SECTION 2806-M . 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

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.

SECTION 2807-M. 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

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