PRINTER'S NO. 187
No. 174 Session of 1977
INTRODUCED BY MR. A. K. HUTCHINSON, FEBRUARY 8, 1977
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, FEBRUARY 8, 1977
AN ACT 1 Amending the act of May 28, 1937 (P.L.1053, No.286), entitled 2 "An act relating to the regulation of public utilities; 3 defining as public utilities certain corporations, companies, 4 associations, and persons; providing for the regulation of 5 public utilities, including, to a limited extent, 6 municipalities engaging in public utility business, by 7 prescribing, defining, and limiting their duties, powers, and 8 liabilities, and regulating the exercise, surrender or 9 abandonment of their powers, privileges, and franchises; 10 defining and regulating contract carriers by motor vehicle 11 and brokers in order to regulate effectively common carriers 12 by motor vehicle; conferring upon the Pennsylvania Public 13 Utility Commission the power and duty of supervising and 14 regulating persons, associations, companies, and 15 corporations, including, to a limited extent, municipal 16 corporations subject to this act, and administering the 17 provisions of this act; authorizing the commission to fix 18 temporary rates; placing the burden of proof on public 19 utilities to sustain their rates and certain other matters; 20 authorizing a permissive or mandatory sliding scale method of 21 regulating rates; providing for the supervision of financial 22 and contractural relations between public utilities and 23 affiliated interests, and supervision and regulation of 24 accounts and securities or obligations issued, assumed, or 25 kept by persons, associations, companies, corporations or 26 municipal corporations subject to this act; conferring upon 27 the commission power to vary, reform, or revise certain 28 contracts; conferring upon the commission the exclusive power 29 to regulate or order the construction, alteration, 30 relocation, protection, or abolition of crossings of 31 facilities of public utilities, and of such facilities by or 32 over public highways, to appropriate property for the 33 construction or improvement of such crossings, and to award 34 or apportion resultant costs and damages; authorizing owners 35 of such property to sue the Commonwealth for such damages;
1 providing for ejectment proceedings in connection with the 2 appropriation of property for crossings; conferring upon the 3 commission power to control and regulate budgets of public 4 utilities; imposing upon persons, associations, companies, 5 and corporations (except municipal corporations) subject to 6 regulation, the cost of administering this act; prescribing 7 and regulating practice and procedure before the commission 8 and procedure for review by the courts of commission action; 9 giving the court of common pleas of Dauphin County exclusive 10 original jurisdiction over certain proceedings; prescribing 11 penalties, fines, and imprisonment for violations of the 12 provisions of this act and regulations and orders of the 13 commission, and the procedure for enforcing such fines and 14 penalties; and repealing legislation supplied and superseded 15 by or inconsistent with this act," providing for reduced 16 rates to municipalities. 17 The General Assembly of the Commonwealth of Pennsylvania 18 hereby enacts as follows: 19 Section 1. The act of May 28, 1937 (P.L.1053, No.286), known 20 as the "Public Utility Law," is amended to read: 21 Section 304.1. Rates or Charges to Municipalities Not to 22 Include Certain Taxes.--(a) No public utility shall charge a 23 rate to any municipality that includes, reflects or passes on 24 the taxes imposed by section 1101, act of March 4, 1971 (P.L.6, 25 No.2), known as the "Tax Reform Code of 1971," and by the act of 26 March 10, 1970 (P.L.168, No.66), known as the "Public Utility 27 Realty Tax Act." 28 (b) For the purposes of this section "municipality" shall 29 mean any county, city, borough, incorporated town or township. 30 Section 2. This act shall take effect in 30 days. A17L52ML/19770H0174B0187 - 2 -