CORRECTIVE REPRINT
PRIOR PRINTER'S NOS. 1635, 1886
PRINTER'S NO. 2013
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1241
Session of
2015
INTRODUCED BY R. BROWN, ELLIS, GODSHALL, JOZWIAK, MILLARD,
D. PARKER, TOPPER, RADER, DiGIROLAMO, METZGAR AND FARRY,
MAY 28, 2015
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for the definition of public utility.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public utility" in section 102
of Title 66 of the Pennsylvania Consolidated Statutes is amended
to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Public utility."
(1) Any person or corporations now or hereafter owning
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or operating in this Commonwealth equipment or facilities
for:
(i) Producing, generating, transmitting,
distributing or furnishing natural or artificial gas,
electricity, or steam for the production of light, heat,
or power to or for the public for compensation.
(ii) Diverting, developing, pumping, impounding,
distributing, or furnishing water to or for the public
for compensation.
(iii) Transporting passengers or property as a
common carrier.
(iv) Use as a canal, turnpike, tunnel, bridge,
wharf, and the like for the public for compensation.
(v) Transporting or conveying natural or artificial
gas, crude oil, gasoline, or petroleum products,
materials for refrigeration, or oxygen or nitrogen, or
other fluid substance, by pipeline or conduit, for the
public for compensation.
(vi) Conveying or transmitting messages or
communications, except as set forth in paragraph (2)(iv),
by telephone or telegraph or domestic public land mobile
radio service including, but not limited to, point-to-
point microwave radio service for the public for
compensation.
(vii) Sewage collection, treatment, or disposal for
the public for compensation.
(viii) Providing limousine service in a county of
the second class pursuant to Subchapter B of Chapter 11
(relating to limousine service in counties of the second
class).
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(2) The term does not include:
(i) Any person or corporation, not otherwise a
public utility, who or which furnishes service only to
himself or itself.
(ii) Any bona fide cooperative association which
furnishes service only to its stockholders or members on
a nonprofit basis.
(iii) Any producer of natural gas not engaged in
distributing such gas directly to the public for
compensation.
(iv) Any person or corporation, not otherwise a
public utility, who or which furnishes mobile domestic
cellular radio telecommunications service.
(v) Any building or facility owner/operators who
hold ownership over and manage the internal distribution
system serving such building or facility and who supply
electric power and other related electric power services
to occupants of the building or facility.
(vi) Electric generation supplier companies, except
for the limited purposes as described in sections 2809
(relating to requirements for electric generation
suppliers) and 2810 (relating to revenue-neutral
reconciliation).
(vii) SERVI CE AS FOLLOWS:
(A) Any water or sewer service provided to
independently owned user premises by a person or
corporation that owns and operates as a primary
business a resort where:
(A) (I) the service provided is from a point
within the boundaries of the resort's property
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and is provided to no more than 100 independently
owned user premises for each type of service;
(B) (II) the service is verified by the
resort, in a form and manner prescribed by the
commission, to be incidental to the supplier's
primary resort business as evidenced by the gross
annual revenues derived from each type of service
provided to independently owned user premises
being less than 1% of the annual gross revenues
of the primary resort business;
(C) (III) rates to independently owned user
premises do not exceed the average of the rates
for comparable service provided by two municipal
corporations or municipal authorities or any
combination of the two that are reasonably
proximate to the resort or within the same county
if rural;
(D) (IV) service will not be terminated to
any independently owned user premises in the
resort, unless termination is requested by the
user, is necessary due to nonpayment or to
prevent misuse of the system by a user which
impairs or jeopardizes service to other users and
the resort, or if termination is directed by law,
regulation or by a Federal or State agency or
governmental body;
(E) (V) the water and sewer service provided
to the independently owned user premises is the
same service that the resort owner provides to
itself or its affiliates; and,
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(F) (VI) the resort adopts a resolution
providing that it will not serve any additional
independently owned user premises except if
lawfully directed by any Federal or State agency
or governmental body to protect public health and
safety due to an emergency such as contamination
or failure of existing supply, and does not
revoke or amend such resolution without first
notifying the Secretary of the Commission in
writing 30 days in advance of such proposed
revocation or amendment . AND;
(G) (VII) DISPUTES BETWEEN AN INDEPENDENTLY
OWNED USER PREMISES AND THE RESORT ARE RESOLVED
BY THE APPLICABLE COURT SYSTEM.
As used in this section, the following words and
phrases shall have the meanings given to them in this
subparagraph unless the context clearly indicates
otherwise:
"Resort." A
(B) FOR PURPOSES OF THIS SUBPARAGRAPH:
(I) THE TERM "RESORT" MEANS A place or
business visited, primarily for leisure or
vacation, that offers or provides lodging,
entertainment, hospitality, dining, recreational
facilities or activities for guests, business
conferees, members or residents.
"Independently owned user premises." Any
(II) THE TERM "INDEPENDENTLY OWNED USER
PREMISES" MEANS A structure not ow ned by the
resort or its affiliates, including a structure
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intended to be used as a seasonal residence,
located SERVED FROM A POINT within the boundaries
of a resort and to which a resort owner or its
affiliates provides water or sewer service.
(viii) Any water or sewer service provided by a
municipal corporation to user premises at a point beyond
its corporate limits due to historical accident,
necessity or absence of other water supply or sewer
service, direction of a Federal or State agency or
municipal body, where the municipal corporation by
resolution or ordinance:
(A) provides it will not, after the effective
date of this paragraph, serve any additional user
premises outside of its corporate boundaries except
if lawfully directed by any Federal or State agency
or governmental body to protect public health and
safety due to an emergency such as contamination or
failure of existing supply;
(B) provides water or sewer services to user
premises beyond its corporate boundaries at the same
rates and service as it does to user premises inside
its corporate boundaries; and
(C) will not revoke or amend such resolution
without prior commission approval.
(3) For the purposes of sections 2702 (relating to
construction, relocation, suspension and abolition of
crossings), 2703 (relating to ejectment in crossing cases)
and 2704 (relating to compensation for damages occasioned by
construction, relocation or abolition of crossings) and those
portions of sections 1501 (relating to character of service
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and facilities), 1505 (relating to proper service and
facilities established on complaint); authority to order
conservation and load management programs and 1508 (relating
to reports of accidents), as those sections or portions
thereof relate to safety only, a municipal authority or
transportation authority organized under the laws of this
Commonwealth shall be considered a public utility when it
owns or operates, for the carriage of passengers or goods by
rail, a line of railroad composed of lines formerly owned or
operated by the Pennsylvania Railroad, the Penn-Central
Transportation Company, the Reading Company or the
Consolidated Rail Corporation.
* * *
Section 2. This act shall apply retroactively to January 1,
2009.
Section 3. This act shall take effect immediately.
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