A02782
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1947
Session of
2021
INTRODUCED BY O'NEAL, HAMM, MILLARD, RYAN, OWLETT, STRUZZI,
ROWE, HERSHEY, ECKER AND LEWIS DELROSSO, OCTOBER 4, 2021
REFERRED TO COMMITTEE ON LOCAL GOVERNMENT, OCTOBER 4, 2021
AN ACT
Amending Title 53 (Municipalities Generally) of the Pennsylvania
Consolidated Statutes, in preemptions, providing for
restrictions on utility services prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 53 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
ยง 307. Restrictions on utility services prohibited.
(a) Prohibitions.--
(1) A municipality may not:
(i) Adopt not adopt a policy that restricts or
prohibits, or has the effect of restricting or
prohibiting, the connection or reconnection of a utility
service based upon the type of source of energy to be
delivered to an individual consumer within the
municipality.
(ii) Discriminate against a utility service provider
based in whole or in part on the nature or source of the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
utility service provided for an individual consumer
within the municipality.
(2) A policy, or part of a policy, that is adopted by a
municipality may not restrict or prohibit, or have the effect
of restricting or prohibiting, the ability of an individual
or entity within the municipality to use the services of a
utility service provider that is capable and authorized to
provide utility service for the property of the individual or
entity.
(b) Effect.--This section does not affect the authority of a
municipality to:
(1) manage or operate a publicly owned utility; or
(2) take steps designed to reduce greenhou se gas
emissions from municipal facilities and operations, including
purchasing renewable energy.
(c) Construction.--A municipality's land use authority under
the act of July 31, 1968 (P.L.805, No.247), known as the
Pennsylvania Municipalities Planning Code, shall not be
construed as restricting or prohibiting an individual or entity
from choosing a utility service provider.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"Municipality." Any of the following:
(1) A county, city, borough, incorporated town or
township.
(2) A home rule, optional plan or optional charter
municipality.
(3) Any other general purpose unit of government
established by the General Assembly.
A02782 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(4) A municipal authority.
(5) An entity formed under Subchapter A of Chapter 23
(relating to intergovernmental cooperation).
"Policy." A requirement, including a zoning or building code
requirement or restriction, which is imposed by ordinance,
resolution, rule, code, land use regulation, general or specific
plan provision or otherwise.
"Utility service." Service from a utility service provider,
which includes electric, manufactured gas, liquefied petroleum
gas, natural gas, hydrogen, fuel oil, a renewable source or any
other source, and which is capable of providing and authorized
to provide the service for the property of an individual or
entity.
Section 2. This act shall take effect in 60 days.
A02782 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14