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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY SOLOBAY, GEIST, HICKERNELL, MAHONEY, MILLARD, PALLONE, PAYNE, SIPTROTH, THOMAS AND McILVAINE SMITH, MAY 8, 2009 |
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| REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, MAY 8, 2009 |
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| AN ACT |
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1 | Amending Title 66 (Public Utilities) of the Pennsylvania |
2 | Consolidated Statutes, in general provisions, further |
3 | providing for definitions. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. The definition of "public utility" in section 102 |
7 | of Title 66 of the Pennsylvania Consolidated Statutes is amended |
8 | to read: |
9 | § 102. Definitions. |
10 | Subject to additional definitions contained in subsequent |
11 | provisions of this part which are applicable to specific |
12 | provisions of this part, the following words and phrases when |
13 | used in this part shall have, unless the context clearly |
14 | indicates otherwise, the meanings given to them in this section: |
15 | * * * |
16 | "Public utility." |
17 | (1) Any person or corporations now or hereafter owning |
18 | or operating in this Commonwealth equipment or facilities |
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1 | for: |
2 | (i) Producing, generating, transmitting, |
3 | distributing or furnishing natural or artificial gas, |
4 | electricity, or steam for the production of light, heat, |
5 | or power to or for the public for compensation. The term |
6 | includes a municipal authority that provides electricity |
7 | to the residents of a municipality or municipalities. |
8 | (ii) Diverting, developing, pumping, impounding, |
9 | distributing, or furnishing water to or for the public |
10 | for compensation. |
11 | (iii) Transporting passengers or property as a |
12 | common carrier. |
13 | (iv) Use as a canal, turnpike, tunnel, bridge, |
14 | wharf, and the like for the public for compensation. |
15 | (v) Transporting or conveying natural or artificial |
16 | gas, crude oil, gasoline, or petroleum products, |
17 | materials for refrigeration, or oxygen or nitrogen, or |
18 | other fluid substance, by pipeline or conduit, for the |
19 | public for compensation. |
20 | (vi) Conveying or transmitting messages or |
21 | communications, except as set forth in paragraph (2)(iv), |
22 | by telephone or telegraph or domestic public land mobile |
23 | radio service including, but not limited to, point-to- |
24 | point microwave radio service for the public for |
25 | compensation. |
26 | (vii) Sewage collection, treatment, or disposal for |
27 | the public for compensation. |
28 | (viii) Providing limousine service in a county of |
29 | the second class pursuant to Subchapter B of Chapter 11 |
30 | (relating to limousine service in counties of the second |
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1 | class). |
2 | (2) The term does not include: |
3 | (i) Any person or corporation, not otherwise a |
4 | public utility, who or which furnishes service only to |
5 | himself or itself. |
6 | (ii) Any bona fide cooperative association which |
7 | furnishes service only to its stockholders or members on |
8 | a nonprofit basis. |
9 | (iii) Any producer of natural gas not engaged in |
10 | distributing such gas directly to the public for |
11 | compensation. |
12 | (iv) Any person or corporation, not otherwise a |
13 | public utility, who or which furnishes mobile domestic |
14 | cellular radio telecommunications service. |
15 | (v) Any building or facility owner/operators who |
16 | hold ownership over and manage the internal distribution |
17 | system serving such building or facility and who supply |
18 | electric power and other related electric power services |
19 | to occupants of the building or facility. |
20 | (vi) Electric generation supplier companies, except |
21 | for the limited purposes as described in sections 2809 |
22 | (relating to requirements for electric generation |
23 | suppliers) and 2810 (relating to revenue-neutral |
24 | reconciliation). |
25 | (3) For the purposes of sections 2702 (relating to |
26 | construction, relocation, suspension and abolition of |
27 | crossings), 2703 (relating to ejectment in crossing cases) |
28 | and 2704 (relating to compensation for damages occasioned by |
29 | construction, relocation or abolition of crossings) and those |
30 | portions of sections 1501 (relating to character of service |
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1 | and facilities), 1505 (relating to proper service and |
2 | facilities established on complaint) and 1508 (relating to |
3 | reports of accidents), as those sections or portions thereof |
4 | relate to safety only, a municipal authority or |
5 | transportation authority organized under the laws of this |
6 | Commonwealth shall be considered a public utility when it |
7 | owns or operates, for the carriage of passengers or goods by |
8 | rail, a line of railroad composed of lines formerly owned or |
9 | operated by the Pennsylvania Railroad, the Penn-Central |
10 | Transportation Company, the Reading Company or the |
11 | Consolidated Rail Corporation. |
12 | * * * |
13 | Section 2. This act shall take effect in 60 days. |
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