PRINTER'S NO. 1038
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
881
Session of
2015
INTRODUCED BY BLAKE, FONTANA, SCAVELLO, BARTOLOTTA, STEFANO AND
YUDICHAK, JUNE 12, 2015
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
JUNE 12, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions, further
providing for definitions.
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:
ยง 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
or operating in this Commonwealth equipment or facilities
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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).
(2) The term does not include:
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(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) Any water or sewer service provided to an
independently owned user premises by a person or
corporation that owns and operates, as a primary
business, a resort where all of the following apply:
(A) The service provided is from a point within
the boundaries of the resort ' s property and is to no
more than 100 independently owned user premises for
each type of service.
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(B) The service is verified by the resort, in a
form and manner required 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 gross
annual revenues of the primary resort business.
(C) The 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) The service will not be terminated to any
independently owned user premises in the resort,
unless termination:
(I) is requested by the user;
(II) is necessary due to nonpayment of
rates;
(III) is necessary to prevent misuse of the
system by a user which impairs or jeopardizes
service to other users and the resort; or
(IV) is directed by law, regulation or by a
Federal or State agency or governmental body.
(E) 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.
(F) The resort adopts a resolution providing
that it will not serve any additional independently
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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 the resolution without
first notifying the commission ' s secretary, in
writing, 30 days in advance of such proposed
revocation or amendment.
(G) For purposes of this subparagraph "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, guests, members or residents.
(H) For purposes of this subparagraph
"independently owned user premises" means any
structure not owned by the resort or its affiliates,
including a structure intended to be used as a
seasonal residence, located within the boundaries of
a resort and to which a resort owner or its
affiliates provide 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, does all of the following:
(A) Provides it will not, after the effective
date of this clause, serve any additional user
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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 to user premises
beyond its corporate boundaries at the same rates and
service as it does to user premises inside its
corporate boundaries.
(C) Provides it will not revoke or amend the
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
and facilities), 1505 (relating to proper service and
facilities established on complaint) 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. The amendment of the definition of "public
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utility" in 66 Pa.C.S. ยง 102 shall apply retroactively to
January 1, 2009.
Section 3. This act shall take effect in 60 days.
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