PRIOR PRINTER'S NO. 2693 PRINTER'S NO. 3144
No. 2193 Session of 1993
INTRODUCED BY ROBERTS, DeWEESE, STABACK, FAJT, PISTELLA,
GIGLIOTTI, MIHALICH, TRELLO, STETLER, LAUB, KASUNIC,
LESCOVITZ, ALLEN, BEBKO-JONES, MELIO, CLARK AND M. COHEN,
OCTOBER 13, 1993
AS REPORTED FROM COMMITTEE ON CONSUMER AFFAIRS, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 1, 1994
AN ACT
1 Authorizing transmission lines for cable television in the <--
2 Ohiopyle State Park.
3 AUTHORIZING THE DEPARTMENT OF ENVIRONMENTAL RESOURCES TO GRANT A <--
4 RESTRICTED RIGHT-OF-WAY ALLOWING CABLE TELEVISION
5 TRANSMISSION LINES TO CROSS OHIOPYLE STATE PARK PROPERTY.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Ohiopyle State Park transmission lines. <--
9 Lines for the transmission of cable television may be
10 included with any other underground transmission lines that have
11 been or will be placed across the Ohiopyle State Park.
12 Section 2. Effective date.
13 This act shall take effect in 60 days.
14 SECTION 1. LEGISLATIVE FINDINGS. <--
15 THE GENERAL ASSEMBLY FINDS THE FOLLOWING:
16 (1) OHIOPYLE BOROUGH IN FAYETTE COUNTY, PENNSYLVANIA, IS
17 GEOGRAPHICALLY SURROUNDED ON ALL SIDES BY OHIOPYLE STATE
18 PARK, WHICH IS OWNED BY THE COMMONWEALTH AND ADMINISTERED
1 UNDER THE JURISDICTION OF THE DEPARTMENT OF ENVIRONMENTAL
2 RESOURCES. OHIOPYLE STATE PARK WAS PURCHASED WITH FUNDS
3 APPROPRIATED PURSUANT TO THE ACT OF JUNE 22, 1964 (SP.SESS.,
4 P.L.131, NO.8), KNOWN AS THE PROJECT 70 LAND ACQUISITION AND
5 BORROWING ACT.
6 (2) THE PROJECT 70 LAND ACQUISITION AND BORROWING ACT
7 RESTRICTS USE OF LANDS PURCHASED WITH APPROPRIATED FUNDS TO
8 RECREATION, CONSERVATION OR HISTORICAL PURPOSES, EXCEPT AS
9 OTHERWISE PROVIDED BY EXPRESS AUTHORIZATION OF THE GENERAL
10 ASSEMBLY OR BY SPECIFIC EXEMPTION LISTED IN SECTION 20(B) OF
11 THE ACT.
12 SECTION 2. POWER TO GRANT RESTRICTED RIGHT-OF-WAY.
13 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES IS HEREWITH
14 AUTHORIZED TO GRANT A RIGHT-OF-WAY ACROSS OHIOPYLE STATE PARK TO
15 PROVIDE OHIOPYLE BOROUGH WITH ACCESS TO CABLE TELEVISION
16 SERVICES. THIS RIGHT-OF-WAY SHALL UTILIZE ANY EXISTING OVERHEAD
17 OR UNDERGROUND TRANSMISSION LINES SO AS TO CAUSE THE MINIMUM
18 POSSIBLE DEFACEMENT OF PARK LAND AND SHALL BE APPROVED BY THE
19 DEPARTMENT OF ENVIRONMENTAL RESOURCES PRIOR TO INSTALLATION.
20 SECTION 3. POWER LIMITED TO OHIOPYLE STATE PARK.
21 THIS ACT SHALL NOT AUTHORIZE ACCESS FOR CABLE TELEVISION
22 LINES THROUGH ANY OTHER PENNSYLVANIA STATE PARK PURCHASED WITH
23 FUNDS APPROPRIATED UNDER THE ACT OF JUNE 22, 1964 (SP.SESS.,
24 P.L.131, NO.8), KNOWN AS THE PROJECT 70 LAND ACQUISITION AND
25 BORROWING ACT.
26 SECTION 4. COMPENSATION.
27 A PROVIDER OF THIS CABLE TELEVISION SERVICE SHALL COMPENSATE
28 THE COMMONWEALTH FOR THE RIGHT-OF-WAY IN AN AMOUNT DETERMINED BY
29 THE DEPARTMENT OF ENVIRONMENTAL RESOURCES AND SHALL COMPENSATE
30 OWNERS OF EXISTING FACILITIES FOR THE USE OF THEIR FACILITIES.
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1 THE RIGHT-OF-WAY SHALL BE ESTABLISHED UNDER APPROPRIATE GENERAL
2 TERMS AND CONDITIONS AGREEABLE TO THE DEPARTMENT AND SHALL BE
3 ADMINISTERED BY THE BUREAU OF STATE PARKS.
4 SECTION 5. COMPLIANCE WITH ONE-CALL SYSTEM.
5 THIS ACT SHALL NOT BE CONSTRUED TO RELIEVE THE OWNERS OF THE
6 CABLE TELEVISION LINES AUTHORIZED HEREUNDER FROM COMPLYING WITH
7 THE REQUIREMENTS OF THE ACT OF DECEMBER 10, 1974 (P.L.852,
8 NO.287), REFERRED TO AS THE UNDERGROUND UTILITY LINE PROTECTION
9 LAW, NOR TO AUTHORIZE ANY IMPAIRMENT OF PREEXISTING PROPERTY
10 RIGHTS.
11 SECTION 6. EFFECTIVE DATE.
12 THIS ACT SHALL TAKE EFFECT IMMEDIATELY.
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