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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY KOTIK, MUSTIO, DEASY, READSHAW, D. COSTA, KORTZ, PASHINSKI, FRANKEL, GEIST AND MAHONEY, JUNE 18, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, JUNE 18, 2009 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, further providing for the definition |
3 | of "public utility"; adding the definition of "common carrier |
4 | service at airports"; and further providing for certificate |
5 | of public convenience required. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. The definition of "public utility" in section 102 |
9 | of Title 66 of the Pennsylvania Consolidated Statutes is amended |
10 | to read: |
11 | § 102. Definitions. |
12 | Subject to additional definitions contained in subsequent |
13 | provisions of this part which are applicable to specific |
14 | provisions of this part, the following words and phrases when |
15 | used in this part shall have, unless the context clearly |
16 | indicates otherwise, the meanings given to them in this section: |
17 | * * * |
18 | "Public utility." |
19 | (1) Any person or corporations now or hereafter owning |
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1 | or operating in this Commonwealth equipment or facilities |
2 | for: |
3 | (i) Producing, generating, transmitting, |
4 | distributing or furnishing natural or artificial gas, |
5 | electricity, or steam for the production of light, heat, |
6 | or power to or for the public for compensation. |
7 | (ii) Diverting, developing, pumping, impounding, |
8 | distributing, or furnishing water to or for the public |
9 | for compensation. |
10 | (iii) Transporting passengers or property as a |
11 | common carrier. |
12 | (iv) Use as a canal, turnpike, tunnel, bridge, |
13 | wharf, and the like for the public for compensation. |
14 | (v) Transporting or conveying natural or artificial |
15 | gas, crude oil, gasoline, or petroleum products, |
16 | materials for refrigeration, or oxygen or nitrogen, or |
17 | other fluid substance, by pipeline or conduit, for the |
18 | public for compensation. |
19 | (vi) Conveying or transmitting messages or |
20 | communications, except as set forth in paragraph (2)(iv), |
21 | by telephone or telegraph or domestic public land mobile |
22 | radio service including, but not limited to, point-to- |
23 | point microwave radio service for the public for |
24 | compensation. |
25 | (vii) Sewage collection, treatment, or disposal for |
26 | the public for compensation. |
27 | (viii) Providing limousine service in a county of |
28 | the second class pursuant to Subchapter B of Chapter 11 |
29 | (relating to common carrier service at airports and |
30 | limousine service in counties of the second class). |
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1 | (2) The term does not include: |
2 | (i) Any person or corporation, not otherwise a |
3 | public utility, who or which furnishes service only to |
4 | himself or itself. |
5 | (ii) Any bona fide cooperative association which |
6 | furnishes service only to its stockholders or members on |
7 | a nonprofit basis. |
8 | (iii) Any producer of natural gas not engaged in |
9 | distributing such gas directly to the public for |
10 | compensation. |
11 | (iv) Any person or corporation, not otherwise a |
12 | public utility, who or which furnishes mobile domestic |
13 | cellular radio telecommunications service. |
14 | (v) Any building or facility owner/operators who |
15 | hold ownership over and manage the internal distribution |
16 | system serving such building or facility and who supply |
17 | electric power and other related electric power services |
18 | to occupants of the building or facility. |
19 | (vi) Electric generation supplier companies, except |
20 | for the limited purposes as described in sections 2809 |
21 | (relating to requirements for electric generation |
22 | suppliers) and 2810 (relating to revenue-neutral |
23 | reconciliation). |
24 | (3) For the purposes of sections 2702 (relating to |
25 | construction, relocation, suspension and abolition of |
26 | crossings), 2703 (relating to ejectment in crossing cases) |
27 | and 2704 (relating to compensation for damages occasioned by |
28 | construction, relocation or abolition of crossings) and those |
29 | portions of sections 1501 (relating to character of service |
30 | and facilities), 1505 (relating to proper service and |
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1 | facilities established on complaint) and 1508 (relating to |
2 | reports of accidents), as those sections or portions thereof |
3 | relate to safety only, a municipal authority or |
4 | transportation authority organized under the laws of this |
5 | Commonwealth shall be considered a public utility when it |
6 | owns or operates, for the carriage of passengers or goods by |
7 | rail, a line of railroad composed of lines formerly owned or |
8 | operated by the Pennsylvania Railroad, the Penn-Central |
9 | Transportation Company, the Reading Company or the |
10 | Consolidated Rail Corporation. |
11 | * * * |
12 | Section 2. Subchapter B heading of Chapter 11 of Title 66 is |
13 | amended to read: |
14 | SUBCHAPTER B |
15 | COMMON CARRIER SERVICE AT AIRPORTS AND LIMOUSINE SERVICE IN |
16 | COUNTIES OF THE SECOND CLASS |
17 | Section 3. Section 1121 of Title 66 is amended by adding a |
18 | definition to read: |
19 | § 1121. Definitions. |
20 | The following words and phrases when used in this chapter |
21 | shall have the meanings given to them in this section unless the |
22 | context clearly indicates otherwise: |
23 | "Common carrier service at airports." Common carrier service |
24 | for passengers which originates or terminates at an airport in a |
25 | county of the second class. The term shall not include the |
26 | transportation system or transit services authorized under the |
27 | act of April 6, 1956 (1955 P.L.1414, No.465), known as the |
28 | Second Class County Port Authority Act. |
29 | * * * |
30 | Section 4. Sections 1122(a) and 1124(b) of Title 66 are |
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1 | amended to read: |
2 | § 1122. Certificate of public convenience required. |
3 | (a) General rule.--In order to provide common carrier |
4 | service at airports or to operate limousine service in a county |
5 | of the second class, a certificate of public convenience must be |
6 | issued by the commission. |
7 | * * * |
8 | § 1124. Miscellaneous provisions. |
9 | * * * |
10 | (b) Inconsistent provisions of law.--Any other law of this |
11 | Commonwealth found to be inconsistent with this subchapter is |
12 | hereby repealed insofar as it affects the regulation of common |
13 | carrier service at airports and limousine service in counties of |
14 | the second class. |
15 | Section 5. This act shall take effect in 60 days. |
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