PRINTER'S NO. 2129
No. 1753 Session of 1977
INTRODUCED BY PICCOLA, MANMILLER AND SIRIANNI, OCTOBER 12, 1977
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 12, 1977
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," providing for jurisdiction regarding rates and
15 service to be vested with the Pennsylvania Public Utility
16 Commission.
17 The General Assembly of the Commonwealth of Pennsylvania
18 hereby enacts as follows:
19 Section 1. Clause (h) of subsection B of section 4, act of
20 May 2, 1945 (P.L.382, No.164), known as the "Municipality
21 Authorities Act of 1945," amended December 16, 1975 (P.L.489,
22 No.146), is amended to read:
23 Section 4. Purposes and Powers; General.--* * *
24 B. Every Authority is hereby granted, and shall have and may
25 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, the payment of
10 the principal of and interest on its obligations, and to fulfill
11 the terms and provisions of any agreements made with the
12 purchasers or holders of any such obligations, or with the
13 municipality incorporating or municipalities which are members
14 of said Authority or with any municipality, served or to be
15 served by said Authority, and to determine by itself exclusively
16 the services and improvements required to provide adequate, safe
17 and reasonable service, including extensions thereof, in the
18 areas served: Provided, That if the service area includes more
19 than one municipality, the revenues from any project shall not
20 be expended directly or indirectly on any other project, unless
21 such expenditures are made for the benefit of the entire service
22 area. Any person questioning the reasonableness or uniformity of
23 any rate fixed by any Authority or the adequacy, safety and
24 reasonableness of the Authority's services, including extensions
25 thereof, may bring suit against the Authority in the court of
26 common pleas of the county wherein the project is located, or if
27 the project is located in more than one county then in the court
28 of common pleas of the county wherein the principal office of
29 the project is located. The court of common pleas shall have
30 exclusive jurisdiction to determine all such questions involving
19770H1753B2129 - 2 -
1 rates or service. Except in municipal corporations having a
2 population density of three hundred persons or more per square
3 mile, all owners of real property in eighth class counties may
4 decline, in writing, the services of a solid waste authority. If
5 the service area of any authority includes more than one
6 municipality, and if one or more of those municipalities are
7 beyond the corporate limits of the municipality or
8 municipalities at whose instance the authority was created,
9 exclusive jurisdiction to receive hear and resolve all questions
10 of reasonableness or uniformity of rates, or of the adequacy,
11 safety and reasonableness of service, shall lie with the
12 Pennsylvania Public Utility Commission.
13 * * *
14 Section 2. This act shall take effect immediately.
F23L46JLW/19770H1753B2129 - 3 -