PRINTER'S NO. 4250
No. 2992 Session of 1990
INTRODUCED BY VEON, HALUSKA, OLASZ, GODSHALL, PESCI, PISTELLA,
GIGLIOTTI, MIHALICH, COLAIZZO, STISH, KENNEY, MORRIS, MELIO,
KASUNIC, JOSEPHS, DALEY, WILLIAMS, BOWLEY, BELARDI, JAMES,
LAUGHLIN AND KUKOVICH, NOVEMBER 12, 1990
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, NOVEMBER 12, 1990
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," further providing for
21 emergency petroleum product shortages and energy development.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definition of "petroleum product" in section
25 2801-C, section 2802-C(d) and section 2806-C(1) of the act of
26 April 9, 1929 (P.L.177, No.175), known as The Administrative
1 Code of 1929, added December 14, 1982 (P.L.1213, No.280), are
2 amended to read:
3 Section 2801-C. Definitions.--The following words and
4 phrases when used in this article shall have the meanings given
5 to them in this section unless the context clearly indicates
6 otherwise:
7 * * *
8 "Petroleum product" includes motor gasoline, kerosene,
9 distillates (including Number 2 fuel oil), propane derived from
10 either petroleum or natural gas and diesel fuel.
11 * * *
12 Section 2802-C. Emergency Petroleum Product Shortages.--* *
13 *
14 (d) The Governor may designate a state agency to monitor
15 supplies of, and price data on, petroleum products available for
16 use in the Commonwealth to determine whether there exists, or is
17 likely to exist, an emergency shortage.
18 (1) In order to monitor supplies of petroleum products, the
19 agency may require recordkeeping and periodic reports from
20 petroleum suppliers. These reporting and recordkeeping
21 requirements shall, to the maximum extent possible, employ
22 Federally mandated reports and records, avoid any unnecessary
23 duplicative reporting or recordkeeping, and minimize paperwork,
24 recordkeeping and reporting requirements.
25 (2) Reports filed and records maintained pursuant to this
26 subsection shall be deemed confidential.
27 (3) When a petroleum supplier or a company providing
28 information to a petroleum supplier claims that the information
29 requested by the agency is confidential, proprietary, market or
30 trade secret information, or when the information is deemed
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1 confidential pursuant to this section, the agency shall not
2 disclose such information publicly or to any other governmental
3 agency unless the information is aggregated as part of a
4 statistical report in which the data and individual companies
5 supplying the data cannot be identified.
6 (4) No employe or appointee of the agency or other person
7 may release information from a petroleum product company that
8 would enable data provided by or relating to individual
9 customers of the petroleum company to be identified as relating
10 to or coming from the individual customer. Any person disclosing
11 such information in violation of this section shall be guilty of
12 a misdemeanor, shall be subject to disciplinary action,
13 including reprimand, suspension or termination, and may be
14 ordered to make restitution to any injured or aggrieved party
15 for losses or damages shown.
16 (5) In order to obtain information required pursuant to this
17 subsection, the agency designated by the Governor to monitor
18 supplies of petroleum products may receive or share information
19 from any other Commonwealth, Federal or local agency: Provided,
20 That the agency shall provide the same confidentiality to
21 information recovered as is provided by the supplying agency.
22 (6) The agency shall encourage suppliers of petroleum
23 products to develop and submit allocation plans that would be
24 utilized voluntarily by the suppliers during emergency
25 shortages.
26 Section 2806-C. Powers and Duties.--The authority, as a
27 public corporation and governmental instrumentality exercising
28 public powers of the Commonwealth, is hereby granted and shall
29 have and may exercise all powers necessary or appropriate to
30 carry out and effectuate the purposes of this article, including
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1 the following powers, in addition to others herein granted:
2 (1) To conduct examinations and investigations, to issue
3 subpoenas enforceable in Commonwealth Court to compel the
4 production of documents and the testimony of witnesses and to
5 receive evidence and take testimony, under oath or affirmation,
6 at public or private hearings, on any matter material for its
7 information and necessary to the determination and approval of
8 energy development project loan applications.
9 * * *
10 Section 2. This act shall take effect in 60 days.
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