THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY KOTIK, MUSTIO, DEASY, READSHAW, D. COSTA, KORTZ, PASHINSKI, FRANKEL, GEIST, MAHONEY AND DERMODY, JUNE 18, 2009

AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010   

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, further providing for the definition

of "public utility"; adding the definition of "common carrier

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service at airports" repealing the definition of "limousine

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service"; and further providing for certificate of public

convenience required and for miscellaneous provisions.

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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

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 common carrier service at airports and 

limousine service in counties of the second class).

(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).

(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.  Subchapter B heading of Chapter 11 of Title 66 is

amended to read:

SUBCHAPTER B

COMMON CARRIER SERVICE AT AIRPORTS AND LIMOUSINE SERVICE IN

COUNTIES OF THE SECOND CLASS

Section 3.  Section 1121 of Title 66 is amended by adding a

definition to read:

§ 1121.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Common carrier service at airports."  Common carrier service

for passengers which originates or terminates at an airport in a

county of the second class. The term shall not include the

transportation system or transit services authorized under the

act of April 6, 1956 (1955 P.L.1414, No.465), known as the

Second Class County Port Authority Act.

* * *

Section 4.  Sections 1122(a) and 1124(b) of Title 66 are

amended to read:

§ 1122.  Certificate of public convenience required.

(a)  General rule.--In order to provide common carrier

service at airports or to operate limousine service in a county

of the second class, a certificate of public convenience must be

issued by the commission.

* * *

§ 1124.  Miscellaneous provisions.

* * *

(b)  Inconsistent provisions of law.--Any other law of this

Commonwealth found to be inconsistent with this subchapter is

hereby repealed insofar as it affects the regulation of common

carrier service at airports and limousine service in counties of

the second class.

Section 5.  This act shall take effect in 60 days.

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

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] common carrier service

in a county of the second class pursuant to Subchapter B

of Chapter 11 (relating to [limousine service] common

carrier service in counties of the second class).

(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).

(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.  Subchapter B heading of Chapter 11 of Title 66 is

amended to read:

SUBCHAPTER B

[LIMOUSINE SERVICE] COMMON CARRIER SERVICE

IN COUNTIES OF THE SECOND CLASS

Section 3.  The definition of "limousine service" in section

1121 of Title 66 is repealed:

§ 1121.  Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

* * *

["Limousine service."  Local nonscheduled common carrier

service for passengers rendered in luxury-type vehicles for

compensation on an exclusive basis that is arranged in advance.]

Section 4.  Sections 1122(a) and 1124(b) of Title 66 are

amended to read:

§ 1122.  Certificate of public convenience required.

(a)  General rule.--In order to [operate limousine service]

provide common carrier service in a county of the second class,

a certificate of public convenience must be issued by the

commission.

* * *

§ 1124.  Miscellaneous provisions.

* * *

(b)  Inconsistent provisions of law.--Any other law of this

Commonwealth found to be inconsistent with this subchapter is

hereby repealed insofar as it affects the regulation of

[limousine service] common carrier service in counties of the

second class.

Section 5.  This act shall take effect in 120 days.