Regular Session 2015-2016 Senate Bill 0881 P.N. 1604

PRIOR PRINTER'S NO. 1038

PRINTER'S NO. 1604

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

881

Session of

2015

INTRODUCED BY BLAKE, FONTANA, SCAVELLO, BARTOLOTTA, STEFANO AND

YUDICHAK, JUNE 12, 2015

SENATOR TOMLINSON, CONSUMER PROTECTION AND PROFESSIONAL

LICENSURE, AS AMENDED, MARCH 15, 2016

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for definitions.

AMENDING TITLE 66 (PUBLIC UTILITIES) OF THE PENNSYLVANIA

CONSOLIDATED STATUTES, IN GENERAL PROVISIONS, FURTHER

PROVIDING FOR THE DEFINITION OF "PUBLIC UTILITY."

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."

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(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 limousine service in counties of the second

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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).

(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

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more than 100 independently owned user premises for

each type of service.

(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.

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.

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(F) The resort adopts a resolution providing

that it will not serve any additional independently

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:

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(A) Provides it will not, after the effective

date of this clause, serve any additional user

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.

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.

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* * *

Section 2. The amendment of the definition of "public

utility" in 66 Pa.C.S. § 102 shall apply retroactively to

January 1, 2009.

Section 3. 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.

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(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:

(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.

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(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) SERVICE AS FOLLOWS:

(A) ANY WATER OR SEWER SERVICE PROVIDED TO

INDEPENDENTLY OWNED USER PREMISES BY A PERSON OR

CORPORATION THAT OWNS AND OPERATES AS A PRIMARY

BUSINESS A RESORT WHERE:

(I) THE SERVICE PROVIDED IS FROM A POINT

WITHIN THE BOUNDARIES OF THE RESORT'S PROPERTY

AND IS PROVIDED TO NO MORE THAN 100 INDEPENDENTLY

OWNED USER PREMISES FOR EACH TYPE OF SERVICE;

(II) THE SERVICE IS VERIFIED BY THE RESORT,

IN A FORM AND MANNER PRESCRIBED 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 ANNUAL GROSS REVENUES

OF THE PRIMARY RESORT BUSINESS;

(III) RATES TO INDEPENDENTLY OWNED USER

PREMISES DO NOT EXCEED THE AVERAGE OF THE RATES

FOR COMPARABLE SERVICE PROVIDED BY TWO MUNICIPAL

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CORPORATIONS OR MUNICIPAL AUTHORITIES OR ANY

COMBINATION OF THE TWO THAT ARE REASONABLY

PROXIMATE TO THE RESORT OR WITHIN THE SAME COUNTY

IF RURAL;

(IV) SERVICE WILL NOT BE TERMINATED TO ANY

INDEPENDENTLY OWNED USER PREMISES IN THE RESORT,

UNLESS TERMINATION IS REQUESTED BY THE USER, IS

NECESSARY DUE TO NONPAYMENT OR TO PREVENT MISUSE

OF THE SYSTEM BY A USER WHICH IMPAIRS OR

JEOPARDIZES SERVICE TO OTHER USERS AND THE

RESORT, OR IF TERMINATION IS DIRECTED BY LAW,

REGULATION OR BY A FEDERAL OR STATE AGENCY OR

GOVERNMENTAL BODY;

(V) 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;

(VI) THE RESORT ADOPTS A RESOLUTION

PROVIDING THAT IT WILL NOT SERVE ANY ADDITIONAL

INDEPENDENTLY 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 SUCH RESOLUTION WITHOUT FIRST

NOTIFYING THE SECRETARY OF THE COMMISSION IN

WRITING 30 DAYS IN ADVANCE OF SUCH PROPOSED

REVOCATION OR AMENDMENT; AND

(VII) DISPUTES BETWEEN AN INDEPENDENTLY

OWNED USER PREMISES AND THE RESORT ARE RESOLVED

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BY THE APPLICABLE COURT SYSTEM.

(B) FOR PURPOSES OF THIS SUBPARAGRAPH:

(I) THE TERM "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, MEMBERS OR RESIDENTS.

(II) THE TERM "INDEPENDENTLY OWNED USER

PREMISES" MEANS A STRUCTURE NOT OWNED BY THE

RESORT OR ITS AFFILIATES, INCLUDING A STRUCTURE

INTENDED TO BE USED AS A SEASONAL RESIDENCE,

SERVED FROM A POINT WITHIN THE BOUNDARIES OF A

RESORT AND TO WHICH A RESORT OWNER OR ITS

AFFILIATES PROVIDES WATER OR SEWER SERVICE.

(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; AUTHORITY TO ORDER

CONSERVATION AND LOAD MANAGEMENT PROGRAMS) 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

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OPERATED BY THE PENNSYLVANIA RAILROAD, THE PENN-CENTRAL

TRANSPORTATION COMPANY, THE READING COMPANY OR THE

CONSOLIDATED RAIL CORPORATION.

* * *

SECTION 2. THIS ACT SHALL APPLY RETROACTIVELY TO JANUARY 1,

2009.

SECTION 3. THIS ACT SHALL TAKE EFFECT IMMEDIATELY.

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