THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY SOLOBAY, GEIST, HICKERNELL, MAHONEY, MILLARD, PALLONE, PAYNE, SIPTROTH, THOMAS AND McILVAINE SMITH, MAY 8, 2009

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 8, 2009  

AN ACT

Amending Title 66 (Public Utilities) of the Pennsylvania

Consolidated Statutes, in general provisions, further

providing for definitions.

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. The term

includes a municipal authority that provides electricity

to the residents of a municipality or municipalities.

(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

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.  This act shall take effect in 60 days.