PRINTER'S NO. 2047
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1806
Session of
2021
INTRODUCED BY GILLESPIE, MILLARD, MOUL, ROWE, SAYLOR AND
JOZWIAK, AUGUST 24, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, AUGUST 24, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in municipal authorities, further
providing for purposes and powers.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 5607(a)(12)(i) and (b)(2)(i) of Title 53
of the Pennsylvania Consolidated Statutes are amended to read:
§ 5607. Purposes and powers.
(a) Scope of projects permitted.--Every authority
incorporated under this chapter shall be a body corporate and
politic and shall be for the purposes of financing working
capital; acquiring, holding, constructing, financing, improving,
maintaining and operating, owning or leasing, either in the
capacity of lessor or lessee, projects of the following kind and
character and providing financing for insurance reserves:
* * *
(12) Facilities for generating surplus electric power
which are related to incinerator plants, dams, water supply
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works, water distribution systems or sewage treatment plants
pursuant, where applicable, to section 3 of the Federal Power
Act (41 Stat. 1063, 16 U.S.C. § 796) and section 210 of the
Public Utility Regulatory Policies Act of 1978 (Public Law
95-617, 16 U.S.C. § 824a-3) or Title IV of the Public Utility
Regulatory Policies Act of 1978 (Public Law 95-617, 16 U.S.C.
§§ 2701 to 2708) if:
(i) electric power generated from the facilities is
sold or distributed [only] on a sale-for-resale basis to
one or more entities authorized to sell electric power to
the public or sold on a retail basis to commercial,
governmental, institutional or industrial customers only;
* * *
(b) Limitations.--This section is subject to the following
limitations:
* * *
(2) The purpose and intent of this chapter being to
benefit the people of the Commonwealth by, among other
things, increasing their commerce, health, safety and
prosperity and not to unnecessarily burden or interfere with
existing business by the establishment of competitive
enterprises, none of the powers granted by this chapter shall
be exercised in the construction, financing, improvement,
maintenance, extension or operation of any project or
projects or providing financing for insurance reserves which
in whole or in part shall duplicate or compete with existing
enterprises serving substantially the same purposes. This
limitation shall not apply to the exercise of the powers
granted under this section:
(i) for facilities and equipment for the collection,
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removal or disposal of ashes, garbage, rubbish and other
refuse materials by incineration, landfill or other
methods, or to a facility for generating surplus electric
power under section 5607(a)(12), if each municipality
organizing or intending to use the facilities of an
authority having such powers shall declare by resolution
or ordinance that it is desirable for the health and
safety of the people of such municipality that it use the
facilities of the authority and state if any contract
between such municipality and any other person, firm or
corporation for the collection, removal or disposal of
ashes, garbage, rubbish and other refuse material has by
its terms expired or is terminable at the option of the
municipality or will expire within six months from the
date such ordinance becomes effective;
* * *
Section 2. This act shall take effect in 60 days.
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