PRINTER'S NO. 126 THE GENERAL ASSEMBLY OF PENNSYLVANIA SENATE BILL No.187 Session of 2025 INTRODUCED BY YAW, LANGERHOLC, LAUGHLIN, PENNYCUICK, BARTOLOTTA, BROWN, BAKER, CULVER, STEFANO AND ROBINSON, JANUARY 24, 2025 REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 24, 2025 AN ACT Amending Title 71 (State Government) of the Pennsylvania Consolidated Statutes, in boards and offices, establishing the Independent Energy Office; and making an appropriation. The General Assembly of the Commonwealth of Pennsylvania hereby enacts as follows: Section 1. Part V of Title 71 of the Pennsylvania Consolidated Statutes is amended by adding a chapter to read: CHAPTER 43 INDEPENDENT ENERGY OFFICE Sec. 4301. Definitions. 4302. Office established. 4303. Duties of office. 4304. Committee. 4305. Appointment. 4306. Powers and duties of director. 4307. Records. 4308. Access to information. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 4309. Funding. § 4301. Definitions. The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise: "Committee." The Independent Energy Office Selection and Organization Committee established under section 4304 (relating to committee). "Commonwealth agency." Any office, department, authority, board, multistate agency or commission of the executive branch. The term includes: (1) The Governor's Office. (2) The Office of Attorney General, the Department of the Auditor General and the Treasury Department. (3) An independent agency as defined in 62 Pa.C.S. § 103 (relating to definitions). (4) A State-affiliated entity as defined in 62 Pa.C.S. § 103. (5) The General Assembly. (6) The unified judicial system. "Director." The Director of the Independent Energy Office. "Office." The Independent Energy Office established under section 4302 (relating to office established). § 4302. Office established. The Independent Energy Office is established as a nonpartisan independent agency. § 4303. Duties of office. (a) Mandatory.--The office shall: (1) Plan recommendations that cover coal, natural gas and oil, electric power, energy efficiency, solar, wind, 20250SB0187PN0126 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 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. (3) Provide at least one Statewide energy report each legislative session presented to the General Assembly. (4) Formulate and review the use of fossil, renewable and energy efficiency initiatives designed to advance energy resource development opportunities and provide energy services to businesses, communities and homeowners in this Commonwealth. (b) Discretionary.--The office may: (1) Provide independent studies on other State energy policies to recommend to the Commonwealth. (2) Track energy use, production and generation statistics from year to year. (3) Work with the General Assembly to establish a Statewide energy plan. § 4304. Committee. The Independent Energy Office Selection and Organization Committee is established within the office. The committee shall create and publish qualifications for director of the office. The committee shall consist of the following members: (1) The President pro tempore of the Senate. (2) The Speaker of the House of Representatives. (3) The Majority Leader of the Senate. (4) The Minority Leader of the Senate. (5) The Majority Leader of the House of Representatives. (6) The Minority Leader of the House of Representatives. (7) The chairperson of the Environmental Resources and 20250SB0187PN0126 - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Energy Committee of the Senate. (8) The minority chairperson of the Environmental Resources and Energy Committee of the Senate. (9) The chairperson of the Energy Committee of the House of Representatives. (10) The minority chairperson of the Energy Committee of the House of Representatives. § 4305. Appointment. (a) Director.--The office shall be headed by a director appointed by the committee by May 30, 2025. The appointment shall be made without regard to political affiliation and solely on the basis of fitness to perform the duties of the office based on qualifications published by the committee. (b) Deputy director.--The director shall appoint a deputy director who shall perform such duties as assigned by the director and who shall, during the absence or incapacity of the director or a vacancy, act as the director. (c) Term.--The term of office of the director shall be six years. An individual appointed as director to fill a vacancy prior to the expiration of a term shall serve only for the unexpired portion of that term. An individual serving as director at the expiration of a term may continue to serve until a successor is appointed. (d) Removal.--The director may be removed by a concurrent resolution passed by the Senate and the House of Representatives. § 4306. Powers and duties of director. (a) Personnel.--The director shall appoint and fix the compensation of personnel as necessary to carry out the duties and functions of the office. All personnel of the office shall 20250SB0187PN0126 - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 be appointed without regard to political affiliation and solely on the basis of their fitness to perform their duties. (b) Experts and consultants.--In carrying out the duties and functions of the office, the director may procure the temporary or intermittent services of attorneys, experts or consultants or organization thereof by contract. § 4307. Records. The office shall be a legislative agency for purposes of the act of February 14, 2008 (P.L.6, No.3), known as the Right-to- Know Law. § 4308. Access to information. The director shall secure information, data, reports, statistics or other relevant information from a Commonwealth agency or political subdivision. A Commonwealth agency or political subdivision shall submit to the director information within a reasonable amount of time of the request to assist the director in the performance of the duties of the office, other than material, the disclosure of which would be a violation of the law. § 4309. Funding. Notwithstanding section 3(b) of the act of November 29, 2004 (P.L.1376, No.178), known as the Alternative Fuels Incentive Act, beginning July 1, 2025, and each July 1 thereafter, the sum of $1,250,000 is allocated from the Alternative Fuels Incentive Fund established under section 3(a) of the Alternative Fuels Incentive Act to the Independent Energy Office for the purpose of administering this chapter. Section 2. This act shall take effect in 60 days. 20250SB0187PN0126 - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28