PRIOR PRINTER'S NO. 2164 PRINTER'S NO. 2363
No. 1660 Session of 2003
INTRODUCED BY LEH, JUNE 23, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JULY 7, 2003
AN ACT
1 Requiring notification of condemnation proceedings by public
2 utilities and pipeline companies; PROVIDING FOR REPORT BY THE <--
3 PENNSYLVANIA PUBLIC UTILITY COMMISSION TO THE GENERAL
4 ASSEMBLY RELATING TO NATURAL GAS PRICES; AND LIMITING FEES ON
5 CERTAIN AGREEMENTS OF PUBLIC UTILITIES RELATING TO ABANDONED
6 RAILROAD ACCESS.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Notification of condemnation.
10 Except as otherwise provided in section 2, a public utility
11 or pipeline company possessing the authority to condemn real
12 property shall provide written notice of its intent to condemn
13 any real property to the governing bodies of all municipalities
14 in which the real property is located at least 120 days prior to
15 initiating any action under the act of June 22, 1964 (Sp.Sess.,
16 P.L.84, No.6), known as the Eminent Domain Code.
17 Section 2. Exception.
18 A public utility or pipeline company is not required to
19 provide the notice under section 1 when it acts in response to
1 an emergency.
2 SECTION 3. NATURAL GAS PRICES. <--
3 (A) LEGISLATIVE FINDINGS.--IN THIS TIME OF RISING NATURAL
4 GAS PRICES, THE GENERAL ASSEMBLY AFFIRMS ITS INTENT NOT TO
5 INCREASE IN ANY MANNER THE BILLS OF NATURAL GAS CUSTOMERS WITHIN
6 THIS COMMONWEALTH AND TO ACQUIRE ENOUGH INFORMATION TO PROPERLY
7 RESPOND TO THE POTENTIAL UPCOMING CRISIS CAUSED BY RISING
8 NATURAL GAS PRICES.
9 (B) REQUIRED REPORT.--THE PENNSYLVANIA PUBLIC UTILITY
10 COMMISSION SHALL REPORT TO THE GENERAL ASSEMBLY BY SEPTEMBER 30,
11 2003, ON THE POTENTIAL PROBLEMS CAUSED BY RISING NATURAL GAS
12 PRICES. THIS REPORT SHALL INCLUDE CURRENT STATISTICS ON NATURAL
13 GAS UNIVERSAL SERVICE PROGRAMS, STATISTICS ON CUSTOMER AVERAGE
14 BILLS, DELINQUENCIES, TERMINATIONS AND THE NUMBER OF NATURAL GAS
15 CUSTOMERS AT RISK FOR UTILITY TERMINATIONS BEFORE THE START OF
16 ANY WINTER MORATORIUM.
17 SECTION 4. ABANDONED RAILROADS ACCESS AGREEMENTS.
18 (A) GENERAL RULE.--A RAILROAD OR NONPROFIT CORPORATION WHO
19 HAS RECEIVED A RAILROAD RIGHT-OF-WAY TO CREATE A PUBLIC TRAIL
20 SHALL NOT CHARGE MORE THAN $1 A YEAR FOR AN UNDERGROUND CROSSING
21 OF LESS THAN 100 FEET OF PUBLIC UTILITY DISTRIBUTION LINES
22 THROUGH PROPERTY WHERE A RAILROAD LINE HAS BEEN ABANDONED OR
23 WHERE RAILROAD TRACKS HAVE BEEN REMOVED AND THE EXISTING
24 PROPERTY USE WOULD SAFELY PERMIT THE PASSAGE OF UNDERGROUND
25 PUBLIC UTILITY DISTRIBUTION LINES.
26 (B) CONSTRUCTION.--NOTHING IN THIS SECTION SHALL BE
27 CONSTRUED TO RELIEVE THE OBLIGATION OF A PUBLIC UTILITY TO BURY
28 LINES OR TO RETURN THE SURFACE OF PROPERTY SUBJECT TO SUBSECTION
29 (A) TO ITS ORIGINAL CONDITION.
30 Section 3 5. Effective date. <--
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1 This act shall take effect in 60 days.
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