PRINTER'S NO. 1269
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1208
Session of
2021
INTRODUCED BY GUENST, KENYATTA, SANCHEZ, N. NELSON, FIEDLER,
KINSEY, FREEMAN, O'MARA, KINKEAD, OTTEN, FITZGERALD AND
KRAJEWSKI, APRIL 16, 2021
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 16, 2021
AN ACT
Amending Title 15 (Corporations and Unincorporated Associations)
of the Pennsylvania Consolidated Statutes, in corporate
powers, duties and safeguards, further providing for
additional powers of certain public utility corporations.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1511(b)(1)(i) and (c) of Title 15 of the
Pennsylvania Consolidated Statutes are amended to read:
ยง 1511. Additional powers of certain public utility
corporations.
* * *
(b) Restrictions.--The powers conferred by subsection (a)
shall not be exercised:
(1) To condemn for the purpose of constructing any
street railway, trackless-trolley omnibus, petroleum or
petroleum products transportation or aerial electric
transmission, aerial telephone or aerial telegraph lines:
(i) Any dwelling house or[, except in the case of
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any condemnation for petroleum or petroleum products
transportation lines,] any part of the reasonable
curtilage of a dwelling house within 100 meters therefrom
and not within the limits of any street, highway, water
or other public way or place.
* * *
(c) Public Utility Commission approval.--The powers
conferred by subsection (a) may be exercised to condemn property
outside the limits of any street, highway, water or other public
way or place for the purpose of erecting poles or running wires
or other aerial electric, intrastate aerial telephone or
intrastate aerial telegraph facilities or for the transportation
of petroleum or petroleum products only after the Pennsylvania
Public Utility Commission, upon application of the public
utility corporation, has found and determined, after notice and
opportunity for hearing, that the service to be furnished by the
corporation through the exercise of those powers is necessary or
proper for the service, accommodation, convenience or safety of
the public. The power of the public utility corporation to
condemn the subject property or the procedure followed by it
shall not be an issue in the commission proceedings held under
this subsection, and no court shall entertain any proceeding
questioning the jurisdiction of the commission under this
subsection. A final order of the commission approving or denying
an application under this subsection, including an order
involving a question of jurisdiction under this subsection, may
be made the subject of any appeal in the manner provided or
prescribed by law.
* * *
Section 2. This act shall take effect in 60 days.
20210HB1208PN1269 - 2 -
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