PRINTER'S NO. 2123
No. 1664 Session of 1985
INTRODUCED BY PICCOLA, SEPTEMBER 30, 1985
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, SEPTEMBER 30, 1985
AN ACT
1 Amending the act of May 2, 1945 (P.L.382, No.164), entitled "An
2 act providing for the incorporation as bodies corporate and
3 politic of 'Authorities' for municipalities, counties and
4 townships; prescribing the rights, powers and duties of such
5 Authorities heretofore or hereafter incorporated; authorizing
6 such Authorities to acquire, construct, improve, maintain and
7 operate projects, and to borrow money and issue bonds
8 therefor; providing for the payment of such bonds, and
9 prescribing the rights of the holders thereof; conferring the
10 right of eminent domain on such Authorities; authorizing such
11 Authorities to enter into contracts with and to accept grants
12 from the Federal Government or any agency thereof; and
13 conferring exclusive jurisdiction on certain courts over
14 rates," further providing for the jurisdiction of the
15 Pennsylvania Public Utility Commission as to certain
16 authorities.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Section 4B(h) of the act of May 2, 1945 (P.L.382,
20 No.164), known as the Municipality Authorities Act of 1945,
21 amended April 10, 1980 (P.L.105, No.41), is amended to read:
22 Section 4. Purposes and Powers; General.--* * *
23 B. Every Authority is hereby granted, and shall have and may
24 exercise all powers necessary or convenient for the carrying out
1 of the aforesaid purposes, including but without limiting the
2 generality of the foregoing, the following rights and powers:
3 * * *
4 (h) To fix, alter, charge and collect rates and other
5 charges in the area served by its facilities at reasonable and
6 uniform rates to be determined exclusively by it, for the
7 purpose of providing for the payment of the expenses of the
8 Authority, the construction, improvement, repair, maintenance
9 and operation of its facilities and properties, and, in the case
10 of an Authority created for the purpose of making business
11 improvements or providing administrative services, a charge for
12 such services which is to be based on actual benefits and which
13 may be measured on among other things gross sales or gross or
14 net profits, the payment of the principal of and interest on its
15 obligations, and to fulfill the terms and provisions of any
16 agreements made with the purchasers or holders of any such
17 obligations, or with the municipality incorporating or
18 municipalities which are members of said Authority or with any
19 municipality, served or to be served by said Authority, and to
20 determine by itself exclusively the services and improvements
21 required to provide adequate, safe and reasonable service,
22 including extensions thereof, in the areas served: Provided,
23 That if the service area includes more than one municipality,
24 the revenues from any project shall not be expended directly or
25 indirectly on any other project, unless such expenditures are
26 made for the benefit of the entire service area. Any person
27 questioning the reasonableness or uniformity of any rate fixed
28 by any Authority or the adequacy, safety and reasonableness of
29 the Authority's services, including extensions thereof, may
30 bring suit against the Authority in the court of common pleas of
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1 the county wherein the project is located, or if the project is
2 located in more than one county then in the court of common
3 pleas of the county wherein the principal office of the project
4 is located. The court of common pleas shall have exclusive
5 jurisdiction to determine all such questions involving rates or
6 service: Provided, however, That if the service area of any
7 Authority includes more than one municipality, and if one or
8 more of those municipalities are beyond the corporate limits of
9 the municipality or municipalities at whose instance the
10 Authority was created, exclusive jurisdiction to receive, hear
11 and resolve all questions of reasonableness or uniformity of
12 rates, or of the adequacy, safety and reasonableness of service,
13 shall lie with the Pennsylvania Public Utility Commission.
14 Except in municipal corporations having a population density of
15 three hundred persons or more per square mile, all owners of
16 real property in eighth class counties may decline, in writing,
17 the services of a solid waste authority.
18 * * *
19 Section 2. This act shall take effect in 60 days.
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