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Current as of January 01, 2025 | Updated by Findlaw Staff
(a) The governor may, by executive order, proclaim a state of emergency based upon a finding that there impends or exists a substantial shortage of petroleum products available for use in Pennsylvania which poses a serious threat to health, safety or welfare of the public. A state of energy emergency shall remain in effect for the maximum period of ninety days and may be extended by the Governor unless the extension is disapproved by concurrent resolution adopted by both Houses of the General Assembly. A state of emergency may be declared for all or any portion of the Commonwealth.
(b) Upon proclamation of a state of emergency, the Governor shall designate a State agency to conduct emergency allocation measures during the period of the declared emergency. Emergency allocation measures may consist of:
(1) the administration of any emergency allocation powers delegated to the State by the President or any Federal agency;
(2) the implementation of a set aside program, for not more than one per centum (1%) of the petroleum products available for use in Pennsylvania, to alleviate hardship or meet emergency needs. A set aside program shall be established in conformity with any Federal law, regulations or executive orders governing petroleum allocation, and shall apply only to petroleum products found to be in a substantial shortage;
(3) measures to reduce the demand for or consumption of gasoline; and
(4) other measures identified by the Governor in his executive order proclaiming a state of emergency as necessary to protect the public health, safety and welfare.
(c) The agency designated by the Governor to conduct emergency measures may, during the period of the emergency, adopt rules and regulations pursuant to section 204 of the act of July 31, 1968 (P.L. 769, No. 240), referred to as the Commonwealth Documents Law. 1 Any regulation adopted during a state of emergency shall be automatically rescinded upon the expiration of the emergency.
(d) The Governor may designate a state agency to monitor supplies of petroleum products available for use in the Commonwealth to determine whether there exists, or is likely to exist, an emergency shortage.
(1) In order to monitor supplies of petroleum products, the agency may require recordkeeping and periodic reports from petroleum suppliers. These reporting and recordkeeping requirements shall, to the maximum extent possible, employ Federally mandated reports and records, avoid any unnecessary duplicative reporting or recordkeeping, and minimize paperwork, recordkeeping and reporting requirements.
(2) Reports filed and records maintained pursuant to this subsection shall be deemed confidential.
(3) When a petroleum supplier or a company providing information to a petroleum supplier claims that the information requested by the agency is confidential, proprietary, market or trade secret information, or when the information is deemed confidential pursuant to this section, the agency shall not disclose such information publicly or to any other governmental agency unless the information is aggregated as part of a statistical report in which the date and individual companies supplying the data cannot be identified.
(4) No employe or appointee of the agency or other person may release information from a petroleum product company that would enable data provided by or relating to individual customers of the petroleum company to be identified as relating to or coming from the individual customer. Any person disclosing such information in violation of this section shall be guilty of a misdemeanor, shall be subject to disciplinary action, including reprimand, suspension or termination, and may be ordered to make restitution to any injured or aggrieved party for losses or damages shown.
(5) In order to obtain information required pursuant to this subsection, the agency designated by the Governor to monitor supplies of petroleum products may receive or share information from any other Commonwealth, Federal or local agency: Provided, That the agency shall provide the same confidentiality to information recovered as is provided by the supplying agency.
Cite this article: FindLaw.com - Pennsylvania Statutes Title 71 P.S. State Government § 720.2. Emergency petroleum product shortages (Adm. Code § 2802-C) - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-71-ps-state-government/pa-st-sect-71-720-2/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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