PRINTER'S NO. 893
No. 813 Session of 1989
INTRODUCED BY RHOADES, LINCOLN, STOUT, SHUMAKER, SHAFFER,
STAPLETON, SALVATORE, AFFLERBACH, O'PAKE, MUSTO, LEMMOND,
REGOLI, WILT, PORTERFIELD, HELFRICK AND CORMAN,
APRIL 10, 1989
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, APRIL 10, 1989
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," creating the Department of
21 Energy and prescribing its powers and duties; establishing
22 the Energy Research and Development Advisory Board as an
23 advisory board in the Department of Energy; further providing
24 for the powers and duties of the Department of Environmental
25 Resources and the appointment of mine inspectors; further
26 providing for the composition of the Environmental Quality
27 Board; creating a Division of Administrative Hearings in the
28 Office of Attorney General and prescribing its powers and
29 duties; further providing for mine inspectors and certain
30 conflicts of interest; providing for the salary of the
31 Secretary of Energy; further providing for special powers
32 relating to State vehicles; providing for energy or fuel
1 supply emergencies and for coordination of monitoring of
2 supplies of energy resources; further providing for the
3 composition of the Energy Development Authority and for
4 indebtedness of the Energy Development Authority;
5 transferring certain bureaus, personnel, allocations,
6 appropriations, equipment and other materials; and making
7 repeals.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Section 201 of the act of April 9, 1929 (P.L.177,
11 No.175), known as The Administrative Code of 1929, amended
12 December 30, 1984 (P.L.1299, No.245) and repealed in part May
13 26, 1988 (P.L.414, No.72), is amended to read:
14 Section 201. Executive Officers, Administrative Departments
15 and Independent Administrative Boards and Commissions.--The
16 executive and administrative work of this Commonwealth shall be
17 performed by the Executive Department, consisting of the
18 Governor, Lieutenant Governor, Secretary of the Commonwealth,
19 Attorney General, Auditor General, State Treasurer, and
20 Secretary of Education; by the Executive Board, and the
21 Pennsylvania State Police; by the following administrative
22 departments: Department of State, Office of Attorney General,
23 Department of Corrections, Department of the Auditor General,
24 Treasury Department, Department of Education, Department of
25 Military Affairs, Insurance Department, Department of Banking,
26 Department of Agriculture, Department of Transportation,
27 Department of Health, Department of Labor and Industry,
28 Department of Aging, Department of Public Welfare, Department of
29 General Services, Department of Revenue, Department of Commerce,
30 Department of Community Affairs [and], Department of
31 Environmental Resources and Department of Energy; and by the
32 following independent administrative boards and commissions:
33 Pennsylvania Game Commission, Pennsylvania Fish Commission,
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1 State Civil Service Commission, Pennsylvania Public Utility
2 Commission and the Pennsylvania Securities Commission.
3 All of the provisions of this act, which apply generally to
4 administrative departments, or generally except to the
5 Department of the Auditor General, the Treasury Department and
6 the Office of Attorney General, shall apply to the Executive
7 Board and to the Pennsylvania State Police.
8 Section 2. As much as relates to the Department of
9 Environmental Resources in section 202 of the act, added
10 December 3, 1970 (P.L.834, No.275), is amended to read:
11 Section 202. Departmental Administrative Boards,
12 Commissions, and Offices.--The following boards, commissions,
13 and offices are hereby placed and made departmental
14 administrative boards, commissions, or offices, as the case may
15 be, in the respective administrative departments mentioned in
16 the preceding section, as follows:
17 * * *
18 In the Department of Environmental Resources,
19 Environmental Quality Board,
20 Environmental Hearing Board,
21 State Board for Certification of Sewage Treatment and
22 Waterworks Operators,
23 State Soil and Water Conservation Commission[,
24 Anthracite Mine Inspectors,
25 Bituminous Mine Inspectors].
26 * * *
27 Section 3. Section 203 of the act, amended December 3, 1970
28 (P.L.834, No.275), July 22, 1975 (P.L.75, No.45), June 20, 1978
29 (P.L.477, No.70), December 6, 1982 (P.L.774, No.223), April 29,
30 1988 (P.L.381, No.60) and June 30, 1988 (P.L.475, No.80), is
19890S0813B0893 - 3 -
1 amended to read:
2 Section 203. Advisory Boards and Commissions.--The following
3 advisory boards and commissions are placed in and made parts of
4 the respective administrative departments, as follows:
5 In the Department of Military Affairs,
6 State Military Reservation Commission,
7 In the Department of Environmental Resources,
8 Citizens Advisory Council;
9 In the Department of Health,
10 Advisory Health Board;
11 In the Department of Labor and Industry,
12 Advisory Council on Affairs of the Handicapped,
13 Advisory Board on Problems of Older Workers,
14 Policy, Planning and Evaluation Advisory Committee;
15 In the Department of Public Welfare,
16 State Board of Public Welfare,
17 Advisory Committee for the Blind,
18 Advisory Committee for General and Special Hospitals,
19 Advisory Committee for Children and Youth,
20 Advisory Committee for Public Assistance,
21 Advisory Committee for Mental Health and Mental
22 Retardation;
23 In the Department of Commerce,
24 Board of the Ben Franklin Partnership Fund;
25 In the Department of Energy,
26 Energy Research and Development Advisory Board.
27 Section 4. Sections 206 and 207.1(d)(1) of the act, amended
28 December 30, 1984 (P.L.1299, No.245), are amended to read:
29 Section 206. Department Heads.--Each administrative
30 department shall have as its head an officer who shall, either
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1 personally, by deputy, or by the duly authorized agent or
2 employe of the department, and subject at all times to the
3 provisions of this act, exercise the powers and perform the
4 duties by law vested in and imposed upon the department.
5 The following officers shall be the heads of the
6 administrative departments following their respective titles:
7 Secretary of the Commonwealth, of the Department of State;
8 Auditor General, of the Department of the Auditor General;
9 State Treasurer, of the Treasury Department;
10 Attorney General, of the Office of Attorney General;
11 Secretary of Education, of the Department of Education;
12 Adjutant General, of the Department of Military Affairs;
13 Insurance Commissioner, of the Insurance Department;
14 Secretary of Banking, of the Department of Banking;
15 Secretary of Agriculture, of the Department of Agriculture;
16 Secretary of Transportation, of the Department of
17 Transportation;
18 Secretary of Health, of the Department of Health;
19 Secretary of Labor and Industry, of the Department of Labor
20 and Industry;
21 Secretary of Aging, of the Department of Aging;
22 Secretary of Public Welfare, of the Department of Public
23 Welfare;
24 Secretary of Revenue, of the Department of Revenue;
25 Secretary of Commerce, of the Department of Commerce;
26 Secretary of Community Affairs, of the Department of
27 Community Affairs;
28 Secretary of Environmental Resources, of the Department of
29 Environmental Resources;
30 Secretary of Energy, of the Department of Energy;
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1 Secretary of General Services, of the Department of General
2 Services;
3 Secretary of Corrections, of the Department of Corrections.
4 Section 207.1. Gubernatorial Appointments.--* * *
5 (d) The Governor shall nominate in accordance with the
6 provisions of the Constitution of the Commonwealth of
7 Pennsylvania and, by and with the advice and consent of a
8 majority of the members elected to the Senate appoint persons to
9 fill the following positions:
10 (1) The Secretary of Education, the Secretary of the
11 Commonwealth, the Adjutant General, the Insurance Commissioner,
12 the Secretary of Banking, the Secretary of Agriculture, the
13 Secretary of Transportation, the Secretary of Health, the
14 Commissioner of the State Police, the Secretary of Corrections,
15 the Secretary of Labor and Industry, the Secretary of Aging, the
16 Secretary of Public Welfare, the Secretary of General Services,
17 the Secretary of Revenue, the Secretary of Commerce, the
18 Secretary of Community Affairs [and], the Secretary of
19 Environmental Resources and the Secretary of Energy.
20 * * *
21 Section 5. Section 438 of the act, amended December 3, 1970
22 (P.L.834, No.275), is amended to read:
23 Section 438. Mine Inspectors.--There shall be as many
24 [anthracite mine inspectors, and as many bituminous mine
25 inspectors, as may now or hereafter be provided by law] mine
26 inspectors as may now or hereafter be necessary to conduct
27 inspections with the frequency mandated by State and Federal
28 law. All such mine inspectors shall be appointed[, respectively,
29 from among persons holding valid certificates of qualification
30 issued by the Department of Environmental Resources.] in
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1 accordance with the act of August 5, 1941 (P.L.752, No.286),
2 known as the "Civil Service Act."
3 The manner of appointing mine inspectors[,] and their
4 qualifications[, and their terms of office,] shall be as may now
5 or hereafter be provided by law.
6 Section 6. Section 448 of the act is amended by adding a
7 clause to read:
8 Section 448. Advisory Boards and Commissions.--The advisory
9 boards and commissions, within the several administrative
10 departments, shall be constituted as follows:
11 * * *
12 (q) The Energy Research and Development Advisory Board shall
13 consist of the Secretary of Energy, the Secretary of Commerce,
14 the Secretary of Environmental Resources, the Chairman of the
15 Pennsylvania Public Utility Commission, the Executive Director
16 of the Energy Development Authority and twelve members appointed
17 by the Governor, one of whom shall be designated as chairman.
18 The twelve appointed members shall be knowledgeable in fields
19 related to energy development, production and use and shall be
20 appointed by the Governor as follows: two members shall be from
21 an electric power utility which operates at least one coal-fired
22 generating station, one member shall be the owner or an operator
23 of a gas or oil producing operation, one member shall be the
24 owner or an operator of an anthracite coal mining operation, one
25 member shall be the owner or an operator of a bituminous coal
26 mining operation, one member shall be from a small power
27 producer or shall be knowledgeable in renewable energy
28 resources, two members shall be from the energy research staff
29 of an accredited Pennsylvania university or college, one member
30 shall be from a consumer organization interested in energy-
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1 related matters, one member shall be a member of organized labor
2 employed by one or more energy-related industries, one member
3 shall be from an organization which represents environmental
4 interests and one member shall be a local government official.
5 The membership of the Energy Research Development Advisory Board
6 shall also include four members of the General Assembly or their
7 designees, one appointed by the President pro tempore of the
8 Senate, one by the Minority Leader of the Senate, one by the
9 Speaker of the House of Representatives and one by the Minority
10 Leader of the House of representatives.
11 The term of office of each member appointed by the Governor
12 shall be four years, measured from the third Tuesday of January
13 of the year in which the member takes office, or until his
14 successor has been appointed except, that in the initial
15 appointments of the members of the board, the Governor shall
16 appoint six members for terms of two years each and six members
17 for terms of three years each.
18 Any member appointed to fill a vacancy created otherwise than
19 by expiration of a term shall be appointed for the unexpired
20 term of the member whom he is to succeed. Members of the board
21 shall not receive any compensation for their service, but shall
22 be reimbursed for actual and necessary expenses incurred in the
23 performance of their duties and shall receive a per diem
24 allowance of ninety dollars ($90).
25 A majority of the members shall constitute a quorum. Meetings
26 of the board shall be held at least quarterly or at the call of
27 the chairman, or at the request of at least nine members of the
28 board.
29 The Department of Energy shall provide technical assistance
30 and support services to the board.
19890S0813B0893 - 8 -
1 Section 7. Section 471 of the act, amended November 1, 1979
2 (P.L.251, No.83), is amended to read:
3 Section 471. Environmental Quality Board.--The Environmental
4 Quality Board shall consist of the Secretary of Environmental
5 Resources, who shall be chairman thereof, the Secretary of
6 Health, the Secretary of Commerce, the Secretary of
7 Transportation, the Secretary of Agriculture, the Secretary of
8 Labor and Industry, the Secretary of Community Affairs, the
9 Secretary of Energy, the Executive Director of the Fish
10 Commission, the Executive Director of the Game Commission, the
11 Chairman of the Public Utilities Commission, [the Executive
12 Director of the State Planning Board,] the Executive Director of
13 the Pennsylvania Historical and Museum Commission, five members
14 of the Citizens Advisory Council, and four members of the
15 General Assembly. The Citizens Advisory Council members shall be
16 designated by, and serve at the pleasure of, the Citizens
17 Advisory Council. One of the General Assembly members shall be
18 designated by, and serve at the pleasure of, the President Pro
19 Tempore of the Senate, one by the Minority Leader of the Senate,
20 one by the Speaker of the House of Representatives and one by
21 the Minority Leader of the House of Representatives. In addition
22 to the heads of the various departments as elsewhere in this act
23 provided, the other members of the board may have named
24 alternates to serve in their stead, the alternates for the
25 members of the board from the Citizens Advisory Council to be
26 selected by that council from members of the council and each
27 other alternate to be selected by that particular member of the
28 board in whose stead he is to serve. No person will serve as
29 alternate for more than one board member.
30 Eight members of the board shall constitute a quorum.
19890S0813B0893 - 9 -
1 Section 8. Section 1901-A of the act, added December 3, 1970
2 (P.L.834, No.275), is amended to read:
3 Section 1901-A. Powers and Duties in General.--The
4 Department of Environmental Resources shall, subject to any
5 inconsistent provision in this act contained, continue to
6 exercise the powers and perform the duties by law heretofore
7 vested in and imposed upon:
8 (1) The Department of Forests and Waters, the Secretary of
9 Forests and Waters, the Water and Power Resources Board, the
10 Flood Control Commission, the Pennsylvania State Park and Harbor
11 Commission of Erie, and the State Forest Commission;
12 [(2) The Department of Mines and Mineral Industries, the
13 Secretary of Mines and Mineral Industries, the Oil and Gas
14 Conservation Commission, the Mine Inspectors' Examining Board
15 for the Bituminous Coal Mines of Pennsylvania, and the
16 Anthracite Mine Inspectors' Examining Board;]
17 (3) The Oil and Gas Inspectors' Examining Board, created by
18 the act of December 21, 1959 (P.L.1967), which board is hereby
19 abolished;
20 (4) The Land Restoration Board, created by the act of June
21 27, 1947 (P.L.1095), which board is hereby abolished;
22 (5) The Land Reclamation Board, created by the act of May
23 31, 1945 (P.L.1198), which board is hereby abolished;
24 (6) The Department of Health and the Secretary of Health in
25 so far as such powers and duties pertain to the control of
26 nuisances from grounds, vehicles, apartments, buildings and
27 places within the Commonwealth, to the sanitary condition of
28 tenements, lodging and boarding houses, to management of the
29 sanitary affairs of the Commonwealth, the issuance of waterworks
30 permits and to the control of water pollution;
19890S0813B0893 - 10 -
1 (7) The former Commissioner of Health and the Department of
2 Health by the act of April 22, 1905 (P.L.260), entitled "An act
3 to preserve the purity of the waters of the State, for the
4 protection of the public health;"
5 (8) The Department of Health and the Secretary of Health by
6 the act of August 20, 1953 (P.L.1217), entitled "An act
7 providing for payments by the Commonwealth to municipalities
8 which have expended money to acquire and construct sewage
9 treatments plants in accordance with the Clean Streams Program
10 and the act, approved the twenty-second day of June, one
11 thousand nine hundred thirty-seven (Pamphlet Laws 1987), and
12 making an appropriation;"
13 (9) The Department of Health by the act of June 23, 1931
14 (P.L.899), known as the "Public Bathing Law;"
15 [(10) The Department of Health by the act of January 19,
16 1968 (P.L.996), known as "The Land and Water Conservation and
17 Reclamation Act;"]
18 (11) The Department of Health by the act of May 23, 1945
19 (P.L.926), entitled "An act for the protection of the public
20 health by regulating the conduct and operation of public eating
21 and drinking places within this Commonwealth; requiring their
22 licensing; imposing certain duties on the Department of Health
23 of this Commonwealth and on the local health authorities; and
24 providing penalties;"
25 (12) The Department of Health by the act of April 30, 1929
26 (P.L.897), entitled "An act regulating the manufacturing,
27 bottling, and selling of certain waters, and requiring permits
28 therefor; prescribing the authority of the Department of Health
29 and of local boards of health and health officers with respect
30 thereto; and providing penalties;"
19890S0813B0893 - 11 -
1 (13) The Department of Health by the act of November 10,
2 1959 (P.L.1400), entitled "An act providing for the annual
3 registration of organized camps for children, youth and adults;
4 defining the duties of the Department of Health of the
5 Commonwealth of Pennsylvania; and prescribing penalties;"
6 (14) The Department of Health by the act of January 24, 1966
7 (P.L.1535), known as the "Pennsylvania Sewage Facilities Act;"
8 (15) The Department of Health by the act of July 31, 1968
9 (Act No.241), known as the "Pennsylvania Solid Wastes Management
10 Act;"
11 (16) The Department of Health by the act of January 8, 1960
12 (P.L.2119), known as the "Air Pollution Control Act;"
13 (17) The Department of Health by the act of January 28, 1966
14 (P.L.1625), known as "The Atomic Energy Development and
15 Radiation Control Act;"
16 (18) The Department of Health by the act of September 8,
17 1959 (P.L.807), entitled "An act empowering the Department of
18 Health to regulate the burial of radioactive material and to
19 issue permits therefor; and prescribing penalties;"
20 (19) The Department of Health and the Secretary of Health by
21 the act of October 26, 1959 (P.L.1380), entitled "An act
22 empowering the Commonwealth to acquire land and operate burial
23 grounds for the disposal of radioactive materials;"
24 [(20) The Department of Health by the act of June 22, 1937
25 (P.L.1987), known as "The Clean Streams Law;"]
26 (21) The Department of Health by the act of November 18,
27 1968 (Act No. 322), known as the "Sewage Treatment Plant and
28 Waterworks Operators' Certification Act;"
29 (22) The Sanitary Water Board;
30 (23) The Air Pollution Commission, created by the act of
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1 January 8, 1960 (P.L.2119), known as the "Air Pollution Control
2 Act," which commission is hereby abolished[;].
3 [(24) The Department of Labor and Industry and the Secretary
4 of Labor and Industry in so far as such powers and duties relate
5 to regulation of mining operations, quarry operations and sand
6 and gravel pits under the act of July 1, 1937 (P.L.2681),
7 entitled "An act relating to, and regulating the manufacture,
8 storing, and possession of explosives; requiring permits for
9 magazines, and prescribing permit fees; and providing
10 penalties," and July 10, 1957 (P.L.685), entitled "An act
11 regulating the use of explosives in certain blasting operations;
12 requiring examination and licensing of certain explosives'
13 detonators and prescribing the fee thereof; and conferring
14 powers and imposing duties on the Department of Labor and
15 Industry."]
16 Section 9. Section 1902-A(6) and (13) of the act, added
17 December 3, 1970 (P.L.834, No.275) and amended July 2, 1980
18 (P.L.345, No.87), are amended to read:
19 Section 1902-A. Forest Powers and Duties.--The Department of
20 Environmental Resources shall have the power, and its duty shall
21 be:
22 * * *
23 (6) Whenever it shall appear that the welfare of the
24 Commonwealth, with reference to reforesting, and the betterment
25 of the State forests, with respect to control, management,
26 protection, utilization, development, and regulation, of their
27 occupancy and use, will be advanced by selling or disposing of
28 any of the timber on the State forests, to dispose of such
29 timber on terms most advantageous to the State: Provided, That
30 the department is authorized and directed to set aside, within
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1 the State forests, unusual or historical groves of trees, or
2 natural features, especially worthy of permanent preservation,
3 to make the same accessible and convenient for public use, and
4 to dedicate them in perpetuity to the people of the State for
5 their recreation and enjoyment. [And the said department is
6 hereby empowered, to make and execute contracts or leases, in
7 the name of the Commonwealth, for the mining or removal of any
8 valuable minerals that may be found in said State forests, or of
9 oil and gas beneath those waters of Lake Erie owned by the
10 Commonwealth, or of oil and gas beneath the land of Woodville
11 State Hospital owned by the Commonwealth, whenever it shall
12 appear to the satisfaction of the department that it would be
13 for the best interests of the State to make such disposition of
14 said minerals: And provided further, That any proposed contracts
15 or leases of valuable minerals, exceeding one thousand dollars
16 ($1,000) in value, shall have been advertised once a week for
17 three weeks, in at least two newspapers published nearest the
18 locality indicated, in advance of awarding such contract or
19 lease. Such contracts or leases may then be awarded to the
20 highest and best bidder, who shall give bond for the proper
21 performance of the contract as the department shall designate:
22 Provided, however, That where the Commonwealth owns a fractional
23 interest in the oil, natural gas and other minerals under State
24 forest lands, the requirement of competitive bidding may be
25 waived, and the department may enter into a contract to lease
26 that fractional interest, with the approval of the Governor, and
27 upon such terms and conditions as the department deems to be in
28 the best interest of the Commonwealth.]
29 * * *
30 [(13) The Department of Environmental Resources shall, with
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1 the approval of the Governor, have the authority to enter into
2 agreements with owners or lessees of property or property rights
3 located in the same area as lands owned or leased by the
4 Commonwealth, for the protection, preservation or recovery of
5 metallic or nonmetallic ore, fuel, oil, natural gas or any other
6 mineral deposits underlying said lands, provided the said
7 deposits are owned by the Commonwealth;]
8 * * *
9 Section 10. Section 1903-A(12) of the act is repealed.
10 Section 11. Section 1904-A(6) of the act, added December 3,
11 1970 (P.L.834, No.275), is amended to read:
12 Section 1904-A. Waters.--The Department of Environmental
13 Resources shall have the power and its duty shall be:
14 * * *
15 (6) [To] Subject to the provisions of section 1902-B(34), to
16 maintain a complete inventory of all the water resources of the
17 Commonwealth; collect all pertinent data, facts, and information
18 in connection therewith; classify, tabulate, record, and
19 preserve the same; and, upon the basis thereof, determine, the
20 points at which storage reservoirs may be constructed for flood
21 control, for municipal and domestic supply, [hydraulic and
22 hydroelectric power, steam raising, steam condensation,]
23 navigation, and other utilization; and generally to devise all
24 possible ways and means to conserve and develop the water supply
25 and water resources of the Commonwealth for the use of the
26 people thereof;
27 * * *
28 Section 12. Sections 1906-A(9), 1908-A(3), 1915-A, 1916-A
29 and 1928-A of the act are repealed.
30 Section 13. The act is amended by adding an article to read:
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1 ARTICLE XIX-B
2 POWERS AND DUTIES OF THE
3 DEPARTMENT OF ENERGY, ITS
4 OFFICERS AND ITS ADVISORY
5 BOARD
6 Section 1901-B. Powers and Duties in General.--The
7 Department of Energy shall, subject to any inconsistent
8 provision in this act, continue to exercise the powers and
9 perform the duties by law heretofore vested in and imposed upon
10 the Department of Environmental Resources under section 1901-
11 A(2), section 1901-A(10), as much of section 1901-A(20) as
12 relates to any matter within the jurisdiction of the Department
13 of Energy and section 1901-A(24).
14 Section 1902-B. The Department of Energy shall have the
15 power and its duty shall be:
16 (1) To promote the development of this Commonwealth's
17 indigenous energy resources, consistent with economic
18 feasibility, environmental protection and public health and
19 safety by providing information, technical assistance and
20 financial assistance.
21 (2) To promote the efficient use and conservation of energy
22 in this Commonwealth through the conduct of a Statewide
23 educational program and by providing information, technical
24 assistance and financial assistance.
25 (3) To serve as the primary agency in this Commonwealth for
26 the collection, maintenance and analysis of information on all
27 forms of energy, conservation of energy and related subjects.
28 (4) To maintain a liaison with energy producers, suppliers,
29 distributors and consumers and other State and Federal agencies
30 concerning energy-related matters.
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1 (5) In cooperation with the Energy Research and Development
2 Advisory Board and the Energy Development Authority, to promote
3 research and development efforts which will contribute to the
4 integrity and adequacy of Pennsylvania's energy resources, with
5 priority given to research and development involving utilization
6 of Pennsylvania's coal resources and pollution control methods
7 which will facilitate utilization of Pennsylvania coal.
8 (6) To encourage the development of new markets for
9 Pennsylvania's indigenous energy resources.
10 (7) To monitor energy prices and evaluate rate and price
11 policies.
12 (8) To establish an energy information forecasting system.
13 (9) To determine the effect of energy and fuel shortages on
14 consumers.
15 (10) To coordinate the monitoring of energy or fuel supplies
16 to determine whether there exists or is likely to exist an
17 emergency shortage pursuant to section 2802-C(a) of this act and
18 to conduct emergency allocation measures during a period of
19 declared energy or fuel supply emergencies, pursuant to section
20 2802-C(b) of this act in accordance with an Emergency Allocation
21 Plan. The Emergency Allocation Plan shall be developed and
22 implemented by the department in conjunction with the
23 Pennsylvania Public Utility Commission and the Pennsylvania
24 Emergency Management Agency and shall be part of the
25 Pennsylvania Energy Policy and Plan.
26 (11) To review, study and monitor the efficiency of energy
27 utilization in State Government operations and suggest remedial
28 measures. The department shall direct all Commonwealth agencies
29 to develop, subject to the department's approval, contingency
30 plans for dealing with energy or fuel supply emergencies.
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1 Portions of emergency allocation or contingency plans which
2 pertain to energy industries regulated by the Pennsylvania
3 Public Utility Commission shall be made available to the
4 department upon request.
5 (12) To assist in the review of plans, policies, rules and
6 regulations of other Commonwealth agencies regarding energy
7 development, production, conversion, distribution, transmission,
8 use or conservation.
9 (13) To intervene in the proceedings of the Pennsylvania
10 Public Utility Commission and regulatory proceedings of other
11 State or Federal agencies if the proceedings relate to energy
12 development, production, conversion, distribution, transmission,
13 use or conservation.
14 (14) To apply for, accept and expend grants-in-aid and
15 assistance for energy programs from public and private sources
16 and to serve as the manager and coordinator of Federal energy
17 grants, petroleum overcharge funds and private energy funds.
18 (15) To update and publish, at least once every five years,
19 a Pennsylvania Energy Policy and Plan developed by the Energy
20 Research and Development Advisory Board. The Pennsylvania Energy
21 Policy and Plan shall include information regarding the
22 development, production, distribution, consumption and
23 conservation of energy in this Commonwealth. The Emergency
24 Allocation Plan shall be included in the Pennsylvania Energy
25 Policy and Plan. The Pennsylvania Energy Policy and Plan and any
26 amendments thereto shall be submitted to the Governor and the
27 General Assembly.
28 (16) To provide necessary staff and assistance to the Energy
29 Research and Development Advisory Board and the Energy
30 Development Authority.
19890S0813B0893 - 18 -
1 (17) To assist in the implementation of the act of December
2 15, 1980 (P.L.1203, No.222), known as the "Building Energy
3 Conservation Act," and to establish a Building Energy
4 Conservation Committee, pursuant to section 304 of the "Building
5 Energy Conservation Act."
6 (18) To enter into interstate compacts or agreements to
7 carry out energy research and planning with other states or the
8 Federal Government.
9 (19) To advise the Governor and the General Assembly
10 regarding State, Federal and international energy policies,
11 practices, programs and legislation and to submit proposed
12 legislation to the General Assembly for its consideration.
13 (20) To issue subpoenas and conduct hearings and
14 investigations.
15 (21) To acquire, purchase, grant and contract for eminent
16 domain title to real property to demonstrate facilities for
17 improved energy efficiency.
18 (22) To construct and operate facilities which improve
19 energy efficiency.
20 (23) To contract with any other public agency or
21 corporation.
22 (24) To make and execute contracts or leases in the name of
23 the Commonwealth, with the approval of the Governor, and have
24 the authority to enter into agreements with owners or lessees of
25 property or property rights located in the same areas as lands
26 owned or leased by the Commonwealth, for the protection,
27 preservation or recovery of metallic or nonmetallic ore, oil,
28 natural gas or any other mineral deposits underlying said lands,
29 provided said deposits are owned by the Commonwealth, whenever
30 it is determined by the department that it would be for the best
19890S0813B0893 - 19 -
1 interests of the Commonwealth to make such disposition of said
2 deposits. Any proposed contracts or leases for the extraction or
3 recovery of metallic or nonmetallic ore, oil, natural gas or
4 other minerals shall have been published once a week for three
5 consecutive weeks, in at least two newspapers of general
6 circulation in the locality where the extraction or recovery is
7 to be located, prior to awarding such contract or lease. Such
8 contract or lease shall be awarded to the highest and best
9 bidder capable for the proper performance of the contract:
10 Provided, however, That where the Commonwealth owns a fractional
11 interest in the oil, natural gas and other minerals, the
12 requirement of competitive bidding may be waived, and the
13 department may enter into a contract to lease that fractional
14 interest, with the approval of the Governor, and upon such terms
15 and conditions as the department deems to be in the best
16 interest of the Commonwealth.
17 (25) To make and execute contracts or leases, in the name of
18 the Commonwealth, for the mining or removal of any valuable
19 minerals that may be found in State forests, or of oil and gas
20 beneath those waters of Lake Erie owned by the Commonwealth, or
21 of oil and gas beneath the land of Woodville State Hospital
22 owned by the Commonwealth, whenever it shall appear to the
23 satisfaction of the department that it would be for the best
24 interests of the State to make such disposition of said
25 minerals: Provided, That any proposed contracts or leases of
26 valuable minerals exceeding one thousand dollars ($1,000) in
27 value shall have been advertised once a week for three weeks, in
28 at least two newspapers published nearest the locality
29 indicated, in advance of awarding such contract or lease. Such
30 contracts or leases may then be awarded to the highest and best
19890S0813B0893 - 20 -
1 bidder, who shall give bond for the proper performance of the
2 contract as the department shall designate: Provided, however,
3 That where the Commonwealth owns a fractional interest in the
4 oil, natural gas and other minerals under State forest lands,
5 the requirement of competitive bidding may be waived, and the
6 department may enter into a contract to lease that fractional
7 interest, with the approval of the Governor and upon such terms
8 and conditions as the department deems to be in the best
9 interest of the Commonwealth.
10 (26) To enter into agreements to sell, lease or otherwise
11 dispose of any iron, coal, limestone, fire-clay, oil, gas and
12 other minerals, except sand and gravel and minerals deposited in
13 pools created by dams, that may be found in or beneath the beds
14 of navigable streams or bodies of water within this Commonwealth
15 and nonnavigable streams or bodies of water where the beds
16 thereof are owned by the Commonwealth, on such terms and
17 conditions as the department deems to be in the best interest of
18 the Commonwealth. Nothing herein shall authorize the
19 interference with free navigation of said streams or bodies of
20 water or to undermine the bed thereof or to interfere with the
21 rights of any person or persons holding property on the banks
22 thereof.
23 (27) To enter into contracts: (i) to implement the Abandoned
24 Mine Reclamation Program under Title IV of the Surface Mining
25 Control and Reclamation Act of 1977, (Public Law 95-87, 30
26 U.S.C. § 1231 et seq.); (ii) for the abatement and control work
27 authorized under the act of January 19, 1968 (1967 P.L.996,
28 No.443), known as "The Land and Water Conservation and
29 Reclamation Act"; (iii) to reclaim abandoned surface mines as
30 provided for in the act of May 31, 1945 (P.L.1198, No.418),
19890S0813B0893 - 21 -
1 known as the "Surface Mining Conservation and Reclamation Act,"
2 the act of December 19, 1984 (P.L.1093, No.219), known as the
3 "Noncoal Surface Mining Conservation and Reclamation Act," and
4 the act of September 24, 1968 (P.L.1040, No.318), known as the
5 "Coal Refuse Disposal Control Act"; (iv) to restore, repair or
6 mitigate damages as provided for in the act of April 27, 1966
7 (1st Sp.Sess., P.L.31, No.1), known as "The Bituminous Mine
8 Subsidence and Land Conservation Act"; and (v) to plug abandoned
9 oil and gas wells as provided in the act of December 19, 1984
10 (P.L.1140, No.223), known as the "Oil and Gas Act." In all cases
11 in which the department enters into a contract and the other
12 party to the contract is required to post a bond or other
13 acceptable security to be held to apply as a credit against any
14 unpaid balances or to carry out any unfulfilled conditions, the
15 moneys of said bonds or securities shall accrue to the benefit
16 of the Department of Energy insofar as necessary to indemnify
17 the department and the Commonwealth from all losses caused by
18 failure of the contracting party to fulfill any contract
19 condition. Moneys not required by the department to pay unpaid
20 balances or to fulfill contract conditions shall accrue to the
21 General Fund; Provided, however, That where the contract was
22 awarded under clause (26) of this section, the excess moneys
23 shall be deposited into the fund under which the contract was
24 authorized.
25 (28) To see that the mining laws of this Commonwealth are
26 faithfully executed, and, for that purpose, cause lawfully
27 qualified mine inspectors to enter, inspect and examine any mine
28 or colliery within this Commonwealth and the works and machinery
29 connected therewith.
30 (29) To give such aid and instruction to the mine
19890S0813B0893 - 22 -
1 inspectors, from time to time, as may be calculated to protect
2 the health and promote the safety of all persons employed in and
3 about the mines.
4 (30) To make such examinations and investigations as may be
5 necessary to enable it to make recommendations upon any matters
6 pertaining to the general welfare of coal miners and others
7 connected with mining and the interests of mine owners and
8 operators in this Commonwealth.
9 (31) To seal or close or backfill abandoned deep or strip
10 coal mines, to plug abandoned oil and gas wells, other than
11 those governed by the act of December 19, 1984 (P.L.1140,
12 No.223), known as the "Oil and Gas Act," to fill voids in
13 abandoned coal mines, to drill bore holes, dig ditches or
14 construct flumes which would relieve flooding or hazardous
15 conditions caused by mine water, and to extinguish fires in
16 abandoned coal mines and in culm banks, in those instances where
17 such work is in the interest of the public welfare.
18 (32) To administer the laws and regulations of this
19 Commonwealth relating to the drilling and operation of oil and
20 gas wells and gas storage reservoirs.
21 (33) To administer the laws and regulations of this
22 Commonwealth which regulate: (i) the construction operation and
23 maintenance of dams, water obstructions or encroachments for
24 hydraulic and hydroelectric power; (ii) stream raising and steam
25 condensation reservoirs; and (iii) any dam, impoundment,
26 embankment and other water obstruction and encroachment
27 necessary for the extraction, recovery or processing of metallic
28 and nonmetallic ore, oil, gas and other minerals.
29 (34) To request and receive, from any Commonwealth agency,
30 department, board, bureau or commission, any assistance and data
19890S0813B0893 - 23 -
1 required to carry out the purposes of this article. The
2 department is hereby authorized, with the approval of the
3 Governor, to enter into memorandums of understanding,
4 cooperative agreements or contracts to achieve such end and to
5 cooperate in the activities of and with such Commonwealth
6 agency, department, board, bureau or commission and the Federal
7 Government or any appropriate agency thereof.
8 (35) To formulate, adopt and promulgate such rules and
9 regulations necessary for the proper performance of the work of
10 the department, and continue to exercise any power to formulate,
11 adopt and promulgate rules and regulations relating to any
12 matter within the jurisdiction of the department heretofore
13 vested in the Environmental Quality Board or other departments
14 and boards; and any such rules or regulations promulgated prior
15 to the effective date of this act shall be the rules and
16 regulations of the Department of Energy until such time as they
17 are modified, repealed, suspended, superseded or otherwise
18 changed by the Department of Energy.
19 (36) To keep complete and accurate minutes of all hearings
20 held before the department or any division of the department.
21 (37) To promulgate regulations necessary to administer this
22 article and to administer any applicable Federal regulations.
23 (38) To cooperate with all other Federal and State agencies
24 in carrying out its responsibilities.
25 Section 1903-B. Review of Regulations.--Any rule,
26 regulation, policy or procedure pertaining to matters within the
27 jurisdiction of the department in effect on the effective date
28 of this amendatory act shall be reviewed by the Secretary of
29 Energy on the written request of a person substantially affected
30 by the rule, regulation, policy or procedure. The secretary
19890S0813B0893 - 24 -
1 shall initiate a review within thirty (30) days of receipt of
2 the request and issue a decision, in writing, within ninety (90)
3 days of receipt of the request to retain, modify or suspend and
4 the reasons therefor.
5 Section 1904-B. Division of Administrative Hearings.--(a)
6 There is hereby created a Division of Administrative Hearings in
7 the Office of Attorney General.
8 (b) The division shall have the power and it duties shall be
9 to hold hearings and issue adjudications under Title 2 of the
10 Pennsylvania Consolidated Statutes (relating to administrative
11 law and procedure), on any decision or action of the department,
12 including, but not limited to: notice of violation, penalty
13 assessment, order, permit, license, or the whole or part of a
14 rule or equivalent. A decision or action shall be considered
15 final when reduced to writing, whether affirmative, negative,
16 injunctive or declaratory in form.
17 (c) The division shall continue to exercise any power to
18 hold hearings and issue adjudications relating to any matter
19 within the jurisdiction of the department heretofore vested in
20 the Environmental Hearing Board.
21 (d) Anything in any law to the contrary notwithstanding, any
22 action of the department may be taken initially without regard
23 to the provisions of Title 2 of the Pennsylvania Consolidated
24 Statutes, but no such action of the department adversely
25 affecting any person shall be final as to such person until such
26 person has had the opportunity to appeal such action to the
27 division: Provided, however, That any such action shall be final
28 as to any person who has not perfected his appeal in the manner
29 hereinafter specified.
30 (e) An appeal taken to the division from a decision of the
19890S0813B0893 - 25 -
1 department shall not act as a supersedeas, but upon cause shown
2 and where the circumstances require it, the department or the
3 board shall have the power to grant a supersedeas.
4 (f) Hearings of the division shall be conducted in
5 accordance with rules and regulations adopted by the Office of
6 the Attorney General, and such rules and regulations shall
7 include time limits for the taking of appeals, procedures for
8 the taking of appeals, locations at which hearings shall be held
9 and such other rules and regulations as may be determined
10 advisable.
11 (g) The Attorney General shall employ hearing examiners,
12 knowledgeable of the laws of this Commonwealth, and such other
13 personnel as are necessary to perform the duties prescribed
14 herein: Provided, however, That the number of examiners employed
15 shall be sufficient to provide timely and expeditious hearings
16 at each office of the department.
17 (h) The division shall have the power to subpoena witnesses,
18 records and papers; and upon certification to it of failure to
19 obey any such subpoena, the Commonwealth Court is empowered,
20 after hearing, to enter, when proper, an adjudication of
21 contempt and such other order as the circumstances require.
22 Section 1905-B. Energy Research and Development Advisory
23 Board.--(a) The Energy Research and Development Advisory Board
24 shall have the responsibility for developing a Pennsylvania
25 Energy Policy and Plan for this Commonwealth.
26 (b) The board shall assist and provide advice to the
27 Secretary of Energy and the Energy Development Authority. The
28 Secretary of Energy and the Energy Development Authority shall
29 work with and receive advice from the Energy Research and
30 Development Advisory Board in the development of energy programs
19890S0813B0893 - 26 -
1 and projects in this Commonwealth.
2 (c) The functions of the Energy Research and Development
3 Advisory Board shall include, but not be limited to, the
4 following:
5 (1) Providing liaison among energy producers, labor
6 organizations, academia and agencies of the Commonwealth and the
7 United States on matters relating to energy and encouraging the
8 exchange of information regarding energy research and
9 development between the Commonwealth and other states and
10 nations.
11 (2) Providing coordination and oversight of all energy
12 research programs conducted at colleges and universities located
13 within this Commonwealth and, where possible, provide
14 coordination and oversight of all energy research programs
15 conducted in the private sector.
16 (3) Recommending energy research and development projects,
17 with priority being given to demonstrations of technology which
18 enhance the production and use of Pennsylvania coals and the
19 more efficient combustion of all fossil fuels. Before the board
20 makes any recommendation, it shall first consult with agencies
21 of the Federal Government that have jurisdiction over matters
22 involving energy, colleges and universities within this
23 Commonwealth, and other state governments in order to avoid
24 duplication of effort and expense.
25 (4) Assisting the Energy Development Authority in the
26 evaluation of energy research and development projects which
27 apply to the Energy Development Authority for financial or
28 technical assistance.
29 (5) Assisting the Secretary of Energy in developing
30 environmentally sound, cost-effective energy programs and
19890S0813B0893 - 27 -
1 policies and procedures to implement such programs.
2 Section 1906-B. Mine Inspectors.--Subject to any
3 inconsistent provisions contained in this act, anthracite mine
4 inspectors and bituminous mine inspectors shall, respectively,
5 under the direction of the Secretary of Energy, continue to
6 exercise the powers and perform the duties vested in and imposed
7 upon them by law.
8 Section 1907-B. Conflict of Interest in Mining and Oil and
9 Gas Regulation.--(a) No employe of the Department of Energy
10 performing any function or duty within the scope of activities
11 covered by the Surface Mining Control and Reclamation Act of
12 1977 (Public Law 95-87 30 U.S.C. § 1201 et seq.) shall have a
13 direct or indirect financial interest in any underground or
14 surface coal mining operation as defined by this act. Whoever
15 knowingly violates the provisions of this subsection shall, upon
16 conviction, be punished by a fine of not more than two thousand
17 five hundred dollars ($2,500) or by imprisonment of not more
18 than one year, or both. Rules and regulations shall be
19 promulgated hereunder to establish methods by which the
20 provisions of this subsection will be monitored and enforced by
21 the Department of Energy, including, but not limited to,
22 appropriate provisions for the filing by such employes and the
23 review of statements and supplements thereto concerning any
24 financial interest which may be affected by this subsection.
25 (b) No employe of the Department of Energy performing the
26 function or duty of an oil or gas inspector shall act as a
27 manager, employe or agent of any oil or gas drilling operation
28 or of any mining or mining operation, nor shall he be interested
29 in any pecuniary way in such operations in this Commonwealth.
30 Whoever knowingly violates the provisions of this subsection
19890S0813B0893 - 28 -
1 shall, upon conviction, be punished by a fine of not more than
2 two thousand five hundred dollars ($2,500) or by imprisonment of
3 not more than one year, or both. Rules and regulations shall be
4 promulgated hereunder to establish methods by which the
5 provisions of this subsection will be monitored and enforced by
6 the Department of Energy, including, but not limited to,
7 appropriate provisions for the filing by such employes and the
8 review of statements and supplements thereto concerning any
9 financial interest which may be affected by this subsection.
10 Section 1908-B. Salary of Secretary of Energy.--The
11 Secretary of Energy shall receive an annual salary, payable in
12 equal semi-monthly installments, of seventy-two thousand dollars
13 ($72,000).
14 Section 14. Sections 2407.1, 2801-C and 2802-C of the act,
15 added December 14, 1982 (P.L.1213, No.280), are amended to read:
16 Section 2407.1. Special Power Relating to State Vehicles.--
17 (a) The Department of General Services, in cooperation with the
18 Department of Energy, shall, on an ongoing basis, monitor the
19 research and development efforts to produce synthetic motor
20 vehicle fuel derived in whole or in part from coal and shall
21 determine the feasibility of converting State-owned vehicles to
22 operate on such synthetic fuel.
23 (b) In making [its] the determination of the feasibility of
24 using a synthetic motor vehicle fuel derived in whole or in part
25 from coal, the [department is] departments are authorized to
26 utilize such synthetic fuel in a limited number of State-owned
27 vehicles on an experimental basis and to make necessary
28 mechanical changes in those vehicles to facilitate the
29 experimentation.
30 (c) If, as a result of the monitoring and experimentation
19890S0813B0893 - 29 -
1 conducted in accordance with subsections (a) and (b), the
2 [department determines] departments determine that there is a
3 sufficient, assured supply of such synthetic fuel which can be
4 used in one or more State-owned vehicles at a reasonable cost
5 and without creating any significant threat to the environment,
6 the [department] departments shall submit to the General
7 Assembly a plan for such conversion. Such plan shall be
8 accompanied by a summary report setting forth the basis for the
9 [department's] determination that such conversion is feasible.
10 Section 2801-C. Definitions.--The following words and
11 phrases when used in this article shall have the meanings given
12 to them in this section unless the context clearly indicates
13 otherwise:
14 "Authority" means the Energy Development Authority.
15 "Board" means the board of directors of the authority.
16 "Bond" or "Bonds" means notes, bonds, refunding or renewal
17 notes and bonds and other evidence of indebtedness or
18 obligations which the authority is authorized to issue.
19 "Cost" means the expense of construction and the expense of
20 acquisition of all structures, lands and other property rights
21 and interests in land necessary to a project. The term also
22 includes the expense of demolishing, removing or relocating any
23 buildings or structures on lands acquired or to be acquired,
24 including the expense of acquiring any lands to which such
25 buildings or structures may be moved or relocated; sewage
26 treatment, waste treatment and pollution control facilities;
27 railroad sidings, spurs or branch lines; all labor, materials,
28 machinery and equipment, fixtures; financing charges; interest
29 on all bonds prior to and during construction, and for a period
30 of one year thereafter; engineering, financial and legal
19890S0813B0893 - 30 -
1 services; plans, specifications, studies, surveys necessary or
2 incidental to determining the feasibility or practicability of
3 constructing a project; administrative expenses; reserves for
4 interest and for extension, enlargements, additions and
5 improvements; and such other expenses as may be necessary or
6 incidental to the construction of the project and the placing of
7 the same in operation.
8 "Energy or fuel supply emergency" means a state of emergency,
9 declared by proclamation of the Governor within twenty-four
10 hours after the occurrence of an energy resource shortage or
11 supply or distribution problem resulting because of an absence
12 of availability or a critically reduced supply of any energy
13 source, which cannot be satisfactorily alleviated or resolved by
14 or under the authority of State regulatory authorities having
15 jurisdiction over such energy resources, thereby jeopardizing
16 the health, safety, welfare and economic well-being of the
17 inhabitants of this Commonwealth.
18 "Energy resource" means any force or material which yields or
19 has the potential to yield energy, including, but not limited
20 to, electrical, fossil and nuclear sources.
21 "Person" means a natural person, corporation, partnership,
22 association, and any municipality of this Commonwealth and any
23 public corporation, authority or body whatsoever.
24 "Petroleum product" includes motor gasoline, kerosene,
25 distillates (including Number 2 fuel oil) and diesel fuel.
26 "Project" means an activity, entirely or largely conducted in
27 Pennsylvania, which cannot be effectively funded using privately
28 available resources, relating to:
29 (1) basic and applied research concerning energy use,
30 renewable energy resources and energy extraction, transmission,
19890S0813B0893 - 31 -
1 storage or conversion;
2 (2) limited scale demonstration of innovative or
3 commercially unproven technology to promote the production, use
4 or conservation of energy; [or]
5 (3) activities to promote or remove obstacles to the
6 utilization and transportation of Pennsylvania energy resources,
7 including but not limited to limited scale synthetic fuel
8 facilities and the conversion or technological improvement of
9 industrial, commercial or agricultural systems to utilize
10 Pennsylvania coal or renewable energy resources: Provided, That
11 no such facility unreasonably interferes with private waste
12 recycling industries[.];
13 (4) activities to promote and develop projects, on a local
14 or regional basis, for the cogeneration of power through the
15 utilization of solid waste; or
16 (5) activities which seek to reduce pollution and are
17 associated with energy development, production or distribution.
18 "Renewable energy source" means any method, process or
19 substance whose supply is rejuvenated through natural processes
20 and, subject to those material processes, remains relatively
21 constant, including, but not limited to, biomass conversion,
22 geothermal energy, solar and wind energy and hydroelectric
23 power, and excluding those sources of energy used in the fission
24 and fusion processes.
25 Section 2802-C. [Emergency Petroleum Product Shortages.--(a)
26 The Governor may, by executive order, proclaim a state of
27 emergency based upon a finding that there impends or exists a
28 substantial shortage of petroleum products available for use in
29 Pennsylvania which poses a serious threat to health, safety or
30 welfare of the public.] Energy or Fuel Supply Emergency.--(a)
19890S0813B0893 - 32 -
1 In the event that the threat or danger of an energy or fuel
2 supply emergency is imminent, the Governor may, after
3 consultation with the Lieutenant Governor, the Department of
4 Energy, the Pennsylvania Public Utility Commission and the
5 Department of Environmental Resources, declare a state of energy
6 or fuel supply emergency. A state of energy or fuel supply
7 emergency shall remain in effect for the maximum period of
8 ninety days [and may be extended], but may be terminated or
9 extended by the Governor unless the termination or extension is
10 disapproved by concurrent resolution adopted by both Houses of
11 the General Assembly. A state of emergency may be declared for
12 all or any portion of the Commonwealth.
13 (b) [Upon proclamation of a state of emergency, the Governor
14 shall designate a State agency to conduct emergency allocation
15 measures during the period of the declared emergency. Emergency
16 allocation measures may consist of:
17 (1) the administration of any emergency allocation powers
18 delegated to the State by the President or any Federal agency;
19 (2) the implementation of a set aside program, for not more
20 than one percent (1%) of the petroleum products available for
21 use in Pennsylvania, to alleviate hardship or meet emergency
22 needs. A set aside program shall be established in conformity
23 with any Federal law, regulations or executive orders governing
24 petroleum allocation, and shall apply only to petroleum products
25 found to be in a substantial shortage;
26 (3) measures to reduce the demand for or consumption of
27 gasoline; and
28 (4) other measures identified by the Governor in his
29 executive order proclaiming a state of emergency as necessary to
30 protect the public health, safety and welfare.
19890S0813B0893 - 33 -
1 (c) The agency designated by the Governor to conduct
2 emergency measures may, during the period of the emergency,
3 adopt rules and regulations pursuant to section 204 of the act
4 of July 31, 1968 (P.L.769, No.240), referred to as the
5 Commonwealth Documents Law. Any regulation adopted during a
6 state of emergency shall be automatically rescinded upon the
7 expiration of the emergency.
8 (d) The Governor may designate a state agency to monitor
9 supplies of petroleum products available for use in the
10 Commonwealth to determine whether there exists, or is likely to
11 exist, an emergency shortage.
12 (1) In order to monitor supplies of petroleum products, the
13 agency may require recordkeeping and periodic reports from
14 petroleum suppliers. These reporting and recordkeeping
15 requirements shall, to the maximum extent possible, employ
16 Federally mandated reports and records, avoid any unnecessary
17 duplicative reporting or recordkeeping, and minimize paperwork,
18 recordkeeping and reporting requirements.
19 (2) Reports filed and records maintained pursuant to this
20 subsection shall be deemed confidential.
21 (3) When a petroleum supplier or a company providing
22 information to a petroleum supplier claims that the information
23 requested by the agency is confidential, proprietary, market or
24 trade secret information, or when the information is deemed
25 confidential pursuant to this section, the agency shall not
26 disclose such information publicly or to any other governmental
27 agency unless the information is aggregated as part of a
28 statistical report in which the data and individual companies
29 supplying the data cannot be identified.
30 (4) No employe or appointee of the agency or other person
19890S0813B0893 - 34 -
1 may release information from a petroleum product company that
2 would enable data provided by or relating to individual
3 customers of the petroleum company to be identified as relating
4 to or coming from the individual customer. Any person disclosing
5 such information in violation of this section shall be guilty of
6 a misdemeanor, shall be subject to disciplinary action,
7 including reprimand, suspension or termination, and may be
8 ordered to make restitution to any injured or aggrieved party
9 for losses or damages shown.
10 (5) In order to obtain information required pursuant to this
11 subsection, the agency designated by the Governor to monitor
12 supplies of petroleum products may receive or share information
13 from any other Commonwealth, Federal or local agency: Provided,
14 That the agency shall provide the same confidentiality to
15 information recovered as is provided by the supplying agency.]
16 Upon proclamation of a state of emergency, the Governor shall
17 have the power:
18 (1) To direct the Department of Energy to conduct emergency
19 petroleum allocation measures which may consist of any of the
20 following:
21 (i) The administration of any emergency petroleum allocation
22 powers delegated to the State by the President or any Federal
23 agency.
24 (ii) The implementation of a set-aside program, for not more
25 than one per centum (1%) of the petroleum products available for
26 use in Pennsylvania, to alleviate hardship or meet emergency
27 needs. A set-aside program shall be established in conformity
28 with any Federal law, regulations or executive orders governing
29 petroleum allocation, and shall apply only to petroleum products
30 found to be in a substantial shortage.
19890S0813B0893 - 35 -
1 (iii) Measures to reduce the demand for or consumption of
2 petroleum products.
3 (iv) The adoption of rules and regulations in the manner
4 provided by law. Any regulation adopted during a state of
5 emergency shall be automatically rescinded upon the expiration
6 of the emergency.
7 (v) Any other measures deemed necessary to protect the
8 public health, safety and welfare.
9 (2) To encourage increased use of renewable energy sources.
10 (3) To suspend or modify existing state standards and
11 requirements affecting or affected by the use of energy
12 resources, including those related to air quality control.
13 (4) To order specific restrictions on the use and sale of
14 energy resources, including, but not limited to:
15 (i) Restrictions on the interior temperature of public,
16 commercial, industrial and school buildings.
17 (ii) Restrictions on the hours and days during which public,
18 commercial, industrial and school buildings may be open.
19 (iii) Restrictions on lighting levels in public, commercial,
20 industrial and school buildings.
21 (iv) Restrictions on the use of display and decorative
22 lighting.
23 (v) Restrictions on the use of privately owned vehicles or a
24 reduction in speed limits.
25 (vi) Restrictions on the use of public transportation,
26 including directions to close a public transportation facility.
27 (vii) Restrictions on the use of pupil transportation
28 programs operated by public schools.
29 (viii) Reduction in the number of elevators operating in
30 office buildings during nonpeak hours.
19890S0813B0893 - 36 -
1 (ix) Curtailment of nighttime sports, entertainment and
2 recreational activities.
3 (x) Closing of public museums, art galleries and historic
4 buildings.
5 (xi) Requiring Sunday closings of retail establishments,
6 except for those retail establishments that provide goods or
7 services essential to the public welfare.
8 (xii) Reduction in the number of hours during which retail
9 establishments may be open for business, except for those retail
10 establishments which provide goods or services essential to the
11 public welfare. Any retail establishment subject to this
12 subclause shall be permitted to set its specific hours of
13 operation, provided the total number of hours does not exceed
14 the maximum number of hours authorized pursuant to this
15 subclause.
16 (c) Any restrictions ordered by the Governor shall be
17 automatically rescinded upon the expiration of the emergency.
18 (d) Any actions taken by the Governor pursuant to this
19 section, insofar as they may apply to a regulated utility, shall
20 not conflict with or supersede regulations or orders of the
21 Pennsylvania Public Utility Commission or curtailment procedures
22 on file with the Pennsylvania Public Utility Commission, nor
23 shall any restrictions on the use of fuel for the generation of
24 energy or on the transportation of fuel for the generation of
25 energy be imposed prior to consultation with the Pennsylvania
26 Public Utility Commission.
27 (e) An executive order, proclamation or directive issued
28 under this section shall be disseminated promptly by means
29 calculated to bring its contents to the attention of the
30 citizens of this Commonwealth and published in accordance with
19890S0813B0893 - 37 -
1 the law. The Governor shall notify the General Assembly promptly
2 of an executive order, proclamation or directive issued under
3 this article.
4 (f) Any person who knowingly violates any order,
5 proclamation or directive issued by the Governor under this
6 section commits a misdemeanor of the third degree and shall,
7 upon conviction, be sentenced to pay a fine of not more than
8 five hundred dollars ($500). Each day of a continuing violation
9 shall be a separate offense.
10 (g) Nothing in this article shall limit the authority of the
11 Pennsylvania Public Utility Commission to regulate public
12 utility service as provided in Title 66 of the Pennsylvania
13 Consolidated Statutes (relating to public utilities).
14 Section 15. The act is amended by adding a section to read:
15 Section 2802.1-C. Coordination of Monitoring of Supplies of
16 Energy Resources.--(a) The Department of Energy shall
17 coordinate the monitoring of supplies of energy resources
18 available for use in this Commonwealth to determine whether
19 there exists, or is likely to exist, an emergency shortage.
20 (b) In order to coordinate the monitoring of energy
21 resources, the Department of Energy may require recordkeeping
22 and periodic reports from energy resource suppliers. These
23 reporting and recordkeeping requirements shall, to the maximum
24 extent possible, employ mandated reports and records of other
25 Commonwealth, Federal or local agencies, avoid any unnecessary
26 duplicative reporting or recordkeeping, and minimize paperwork,
27 recordkeeping and reporting requirements.
28 (c) Any agency that provides or receives reports or records
29 under this act, any other act, any rule or regulation or any
30 executive order or similar directive for the purpose of
19890S0813B0893 - 38 -
1 monitoring or coordinating the monitoring of supplies of energy
2 resources shall keep such records or reports confidential unless
3 the reports or records are deemed to be public information
4 pursuant to the act, rule or regulation, executive order or
5 directive under which they are provided.
6 (d) When an energy resource supplier or a company providing
7 information to an energy resource supplier claims that the
8 information requested by the agency is confidential,
9 proprietary, market or trade secret information, or when the
10 information is deemed confidential pursuant to this section, the
11 agency shall not disclose such information publicly or to any
12 other governmental agency unless the information is aggregated
13 as part of a statistical report in which the data and individual
14 companies supplying the data cannot be identified.
15 (e) No employe or appointee of the agency or other person
16 may release information from an energy resource company that
17 would enable data provided by or relating to individual
18 customers of the energy resource company to be identified as
19 relating to or coming from the individual customer. Any person
20 disclosing such information in violation of this section shall
21 be guilty of a misdemeanor of the third degree, shall be subject
22 to disciplinary action, including reprimand, suspension or
23 termination, and may be ordered to make restitution to any
24 injured or aggrieved party for losses or damages shown.
25 (f) In order to obtain information required pursuant to this
26 section, the Department of Energy may receive or share
27 information from any other Commonwealth, Federal or local
28 agency: Provided, however, That the Department of Energy shall
29 provide the same confidentiality to information received as is
30 provided by the supplying agency.
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1 Section 16. Section 2803-C of the act, amended or added
2 December 14, 1982 (P.L.1213, No.280) and July 11, 1985 (P.L.211,
3 No.55), is amended to read:
4 Section 2803-C. Energy Development Authority.--(a) There is
5 hereby established, within the Department of Energy, the Energy
6 Development Authority.
7 (b) The authority shall be governed and all of its corporate
8 powers exercised by a board of directors which shall be composed
9 of the following individuals:
10 (1) Nine members to be appointed by the Governor, one of
11 whom shall be designated as chairman. At least two members shall
12 be members of the general public. The members initially
13 appointed shall serve for terms of two, three and four years,
14 respectively, the particular term of each to be designated by
15 the Governor at the time of appointment. The terms of all of
16 their successors shall be four years each, except that any
17 person appointed to fill a vacancy shall serve only for the
18 unexpired term. Every member's term shall extend until his
19 successor is appointed and qualified. Any appointment of a
20 member of the authority shall be subject to the advice and
21 consent of a majority of all of the members of the Senate. Any
22 appointed member of the authority shall be eligible for
23 reappointment.
24 (2) The Secretary of Energy or his designee.
25 [(2)] (3) The Secretary of Environmental Resources or his
26 designee.
27 [(3)] (4) The Secretary of Banking or his designee.
28 [(4)] (5) The Secretary of Commerce or his designee.
29 [(5)] (6) The Secretary of Agriculture or his designee.
30 [(6)] (7) Two members of the Senate, one from the majority
19890S0813B0893 - 40 -
1 party and one from the minority party, to be appointed by the
2 President pro tempore to serve at his pleasure, or the designees
3 appointed by such members.
4 [(7)] (8) Two members of the House of Representatives, one
5 from the majority party and one from the minority party, to be
6 appointed by the Speaker of the House to serve at his pleasure,
7 or the designees appointed by such members.
8 [(8)](9) The Consumer Advocate or his designee.
9 [(9)] (10) The Chairman of the Public Utility Commission or
10 his designee.
11 (11) The Chairman of the Energy Research and Development
12 Advisory Board.
13 (c) The members of the board of directors shall be entitled
14 to no compensation for their services as members but shall be
15 entitled to reimbursement for all necessary expenses incurred in
16 connection with the performance of their duties as members.
17 (d) The board of directors shall provide for the holding of
18 regular and special meetings. Ten directors attending shall
19 constitute a quorum for the transaction of any business and at
20 least six votes shall be required to adopt any action, except
21 that at least nine votes shall be required to approve financial
22 assistance for any project.
23 Section 17. Section 2804-C(a) of the act, added December 14,
24 1982 (P.L.1213, No.280), is amended to read:
25 Section 2804-C. Technical and Financial Support.--(a) The
26 [Governor shall designate a State agency to] Department of
27 Energy shall provide staff services to the authority for its
28 administration of the act, including technical services to
29 assist the authority in carrying out the provisions of this
30 article.
19890S0813B0893 - 41 -
1 * * *
2 Section 18. Section 2807-C(a) of the act, amended December
3 15, 1988 (P.L.1239, No.152), is amended to read:
4 Section 2807-C. Authority Indebtedness.--(a) The authority
5 shall have the power and hereby is authorized from time to time,
6 by resolution of the authority and subject to the written
7 approval of the Governor, to issue its negotiable bonds in such
8 principal amount as, in the opinion of the authority, shall be
9 necessary to provide sufficient funds for any of its corporate
10 purposes, the establishment of reserves to secure such bonds and
11 all other expenditures of the authority incident to and
12 necessary or convenient to carry out its corporate purposes and
13 powers. The authority may issue its bonds to provide financial
14 assistance for projects only after the authority has first
15 identified and approved such projects. The aggregate principal
16 amount of bonds and notes of the authority shall not exceed
17 [$300,000,000] $400,000,000 outstanding at any one time.
18 * * *
19 Section 19. All personnel, allocations, appropriations,
20 equipment, files, records, contracts, agreements, obligations
21 and other material which are used, employed or expended in
22 connection with the powers, duties or functions of the
23 Pennsylvania Energy Office are hereby transferred to the
24 Department of Energy established by this act with the same force
25 and effect as if the appropriations had been made to and said
26 items had been the property of the Department of Energy in the
27 first instance, and as if said contracts, agreements and
28 obligations had been incurred or entered into by the Department
29 of Energy. The personnel, appropriations, equipment and other
30 items and material transferred by this section shall include
19890S0813B0893 - 42 -
1 Federal grants and funds and other benefits from any Federal
2 program.
3 Section 20. (a) The following are transferred to the
4 Department of Energy:
5 (1) All bureaus, divisions and government units, or
6 portions thereof, in the Department of Environmental
7 Resources concerned with the function relating to any matter
8 within the jurisdiction of the Department of Energy.
9 (2) All bureaus, divisions and government units, or
10 portions thereof, in the Department of Commerce responsible
11 for the functions enumerated in section 2501-B(c), (d) and
12 (e) of the act.
13 (b) All personnel, allocations, appropriations, equipment,
14 files, records, contracts, agreements, obligations and other
15 materials which are used, employed or expended in connection
16 with the powers, duties or functions transferred by this act to
17 the Department of Energy are hereby transferred to the
18 Department of Energy with the same force and effect as if the
19 appropriations had been made to and said items had been the
20 property of the Department of Energy in the first instance and
21 as if said contracts, agreements and obligations had been
22 incurred or entered into by said Department of Energy.
23 (c) The personnel, appropriations, equipment and other items
24 and material transferred by this section shall include an
25 appropriate portion of the general administrative, overhead and
26 supporting personnel, appropriations, equipment and other
27 material of the agency and shall also include, where applicable,
28 Federal grants and funds and other benefits from any Federal
29 program.
30 (d) All personnel transferred pursuant to this act shall
19890S0813B0893 - 43 -
1 retain any civil service employment status assigned to said
2 personnel.
3 Section 21. All positions in the Department of Energy shall
4 be deemed to be included in the list of positions set forth in
5 section 3(d) of the act of August 5, 1941 (P.L.752, No.286),
6 known as the Civil Service Act, and the provisions and benefits
7 of that act shall be applicable to the employees of, and
8 positions in, the department.
9 Section 22. Whenever the Secretary of Environmental
10 Resources shall be entitled by law to serve on a board,
11 commission or other body relating to any matter within the
12 jurisdiction of the department, the Secretary of Energy shall
13 serve in his place as if the Secretary of Energy had been
14 designated to serve in the first instance.
15 Section 23. All orders, permits, regulations, decisions and
16 other actions of the Department of Environmental Resources or
17 any department, board, commission or agency whose functions have
18 been transferred by this act to the Department of Energy shall
19 remain in full force and effect until modified, repealed,
20 superseded or otherwise changed by appropriate action of the
21 Department of Energy.
22 Section 24. (a) Nothing set forth in this act shall
23 supersede any curtailment plans which are established and
24 approved by any Federal regulatory commission, the Pennsylvania
25 Public Utility Commission or any ordinance duly adopted by any
26 municipality or public gas system.
27 (b) All orders, permits, regulations, decisions and other
28 actions of the Pennsylvania Energy Office or any department,
29 board, commission or agency whose functions have been
30 transferred by this act to the Department of Energy shall remain
19890S0813B0893 - 44 -
1 in full force and effect until modified, repealed, superseded or
2 otherwise changed by appropriate action of the Department of
3 Energy.
4 (c) The Department of Energy shall not have any authority to
5 take any action affecting the jurisdiction of the Pennsylvania
6 Public Utility Commission or any Federal administrative or
7 regulatory agency. The Secretary of Energy or his designee,
8 however, shall have the authority to appear before the
9 Pennsylvania Public Utility Commission or any Federal
10 administrative or regulatory agency to provide information
11 concerning State energy policies.
12 Section 25. All acts and parts of acts are repealed insofar
13 as they are inconsistent with this act.
14 Section 26. Nothing in this amendatory act shall be
15 construed to abrogate or modify the power and jurisdiction of
16 the Department of Environmental Resources to administer the laws
17 of this Commonwealth except as provided in this amendatory act.
18 Section 27. This act shall take effect in 180 days.
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