reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 27 - Railroads › Section 2706 - Flag protection

§ 2706. Flag protection.
(a) General rule.--
All railroads operating in this Commonwealth shall promulgate and maintain appropriate operating rules and special instructions for the government of their respective employees in conformity with the following:
(1) When a train stops under circumstances in which it may be overtaken by another train, a member of the crew must provide flagging protection by going back immediately with a red flag, torpedoes and fusees by day and with a red and/or white light, torpedoes and fusees by night, a sufficient distance to insure full protection, placing two torpedoes on the rail and also, when necessary, display lighted fusees.
(2) When recalled and safety to the train will permit, he may return.
(3) When conditions require, he will leave the torpedoes and a lighted fusee.
(4) The front of the train must be protected in the same way, when necessary, by a member of the crew.
(5) When a train is moving under circumstances in which it may be overtaken by another train, a member of the crew must take such action as may be necessary to insure full protection. By night, or by day, when the view is obscured, lighted fusees must be dropped off the moving train or displayed at proper intervals.
(6) When day signals cannot be plainly seen, owing to weather or other conditions, night signals must also be used.
(7) Conductors and enginemen are responsible for the protection of their trains.
(8) When a pusher engine is assisting a train, coupled behind the cabin or caboose car, and the member of the crew who protects the rear-end of the train is riding in the cabin or caboose car, the requirements as to the fusees will be met by dropping them off between the cabin or caboose car and pusher engine on the track the train is using, and not between that track and an adjacent track.
(b) Exceptions.--
Unless specific circumstances indicate to the contrary, it will be presumed that trains stopping under the following circumstances will not be overtaken by another train:
(1) Passenger trains making normal station stops.
(2) All trains stopping in manual block territory protected by absolute block.
(3) All trains stopping so as to be completely within the limits of classification or storage yards at the usual place to change crews or remove power.
(c) Construction of section.--
For the purposes of this section a "train" means a movement on which the air brakes must be connected and functioning under Federal law. This section is not intended to require the employment of additional employees or restrict the use of crew members in any manner.
(d) Enforcement.--
The commission shall enforce the provisions of this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 27 - Railroads › Section 2707 - Inspection of highway crossing safety devices (Expired)

§ 2707. Inspection of highway crossing safety devices (Expired).
1990 Expiration Note.
Section 2707 expired June 30, 1990. See Act 81 of 1988.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 27 - Railroads › Section 2709 - Disposition of real property by public utility engaged in railroad business

§ 2709. Disposition of real property by public utility engaged in railroad business.
(a) Notice.--
Before a public utility engaged in a railroad business disposes of real property previously used as a roadbed right-of-way, it must notify the county, city, borough, incorporated town or township in which the real property is located, and it must notify the Department of Transportation, the Pennsylvania Game Commission, the Pennsylvania Fish and Boat Commission and the Department of Environmental Resources. Notifications shall be in writing.
(b) Procedure after notice.--
(1) If a municipality or any authority created by a municipality or group of municipalities makes an offer to purchase the real property within 60 days of receiving notice under subsection (a), the public utility shall accept or reject the offer.
(2) If a municipality or any authority created by a municipality or group of municipalities does not make an offer to purchase the real property within 60 days of receiving notice under subsection (a) or if the public utility rejects the offer of a municipality, the administrative agencies specified in subsection (a) have 60 days to decide on making an offer for the real property. If an administrative agency makes an offer under this paragraph, the public utility shall consider the offer and make a decision on the offer before making other disposition of the property. If more than one administrative agency makes an offer, the public utility shall consider the offers in the following order: the Department of Transportation, the Department of Environmental Resources, the Pennsylvania Game Commission and the Pennsylvania Fish and Boat Commission.
(c) Violation.--
If a public utility engaged in a railroad business disposes of real property previously used as a roadbed right-of-way without complying with this section, the disposition is voidable.
(d) Compliance.--
The notification requirements of this section shall be deemed to have been complied with if the executed, notarized and recorded deed conveying the property contains a recital affirming that the notifications required under this section were made. A copy of each notice shall be appended to the deed when it is recorded.
(Nov. 29, 1990, P.L.600, No.151, eff. 60 days; Mar. 19, 1992, P.L.18, No.7, eff. imd.)
1992 Amendment.
Act 7 amended subsecs. (a) and (b).
1990 Amendment.
Act 151 added section 2709.
Transfer of Powers.
Section 304(c) of Act 18 of 1995, which created the Department of Conservation and Natural Resources and renamed the Department of Environmental Resources as the Department of Environmental Protection, provided that the Department of Conservation and Natural Resources shall exercise the powers and duties conferred upon the Department of Environmental Resources by section 2709 as added by Act 151 of 1990.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 28 - Restructuring of Electric Utility Industry › Section 2806.2 - Energy efficiency and conservation

§ 2806.2. Energy efficiency and conservation.
(a) Registry.--
The commission shall, by March 1, 2009, establish a registry of approved persons qualified to provide conservation services to all classes of customers. In order to be included in the registry, a conservation service provider must meet experience and other qualifications determined by the commission.
(b) Application.--
The commission shall develop an application for registration under subsection (a) and may charge a reasonable registration fee.
(Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)
2008 Amendment.
Act 129 added section 2806.2. See the preamble to Act 129 of 2008 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 28 - Restructuring of Electric Utility Industry › Section 2813 - Procurement of power

§ 2813. Procurement of power.
Except as provided under the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act, the commission may not order a default service provider to procure power from a specific generation supplier, from a specific generation fuel type or from new generation only.
(Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)
2008 Amendment.
Act 129 added section 2813. See the preamble to Act 129 of 2008 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 28 - Restructuring of Electric Utility Industry › Section 2814 - Additional alternative energy sources

§ 2814. Additional alternative energy sources.
(a) Alternative energy sources.--
The term "alternative energy sources" as defined under section 2 of the act of November 30, 2004 (P.L.1672, No.213), known as the Alternative Energy Portfolio Standards Act, shall also include low-impact hydropower consisting of any technology that produces electric power and that harnesses the hydroelectric potential of moving water impoundments if one of the following applies:
(1) (i) the hydropower source has a Federal Energy Regulatory Commission licensed capacity of 21 megawatts or less; and
(ii) the license for the hydropower source was issued by the Federal Energy Regulatory Commission on or prior to January 1, 1984, and held on July 1, 2007, in whole or in part by a municipality located wholly within this Commonwealth or by an electric cooperative incorporated in this Commonwealth.
(2) The incremental hydroelectric development:
(i) does not adversely change existing impacts to aquatic systems;
(ii) meets the certification standards established by the Low Impact Hydropower Institute and American Rivers, Inc., or their successors;
(iii) provides an adequate water flow for protection of aquatic life and for safe and effective fish passage;
(iv) protects against erosion; and
(v) protects cultural and historic resources.
(b) Biomass.--
The term "biomass energy" as defined under section 2 of the Alternative Energy Portfolio Standards Act shall also include the generation of electricity utilizing by-products of the pulping process and wood manufacturing process, including bark, wood chips, sawdust and lignins in spent pulping liquors. Electricity from biomass energy under this subsection generated inside this Commonwealth shall be eligible as a Tier I alternative energy source. Electricity from biomass energy under this subsection generated outside this Commonwealth shall be eligible as a Tier II alternative energy source.
(c) Increase in Tier I.--
The commission shall at least quarterly increase the percentage share of Tier I alternative energy sources required to be sold by an electric distribution company or electric generation supplier under section 3(b)(1) of the Alternative Energy Portfolio Standards Act to reflect any new biomass energy or low-impact hydropower resources that qualify as a Tier I alternative energy source under this section. No new resource qualifying as biomass energy or low-impact hydropower under this section shall be eligible to generate Tier I alternative energy credits until the commission has increased the percentage share of Tier I to reflect these additional resources.
(Oct. 15, 2008, P.L.1592, No.129, eff. 30 days)
2008 Amendment.
Act 129 added section 2814. See the preamble to Act 129 of 2008 in the appendix to this title for special provisions relating to legislative findings and declarations.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Extra - Chapter Notes

Enactment.
Chapter 29 was added July 1, 1978, P.L.598, No.116, effective in 60 days.
Enactment.
Subchapter B was added July 10, 1986, P.L.1238, No.114, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2901 - Definitions

§ 2901. Definitions.
The following words and phrases when used in this chapter shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Dissemination."
The act of transmitting, distributing, advising, spreading, communicating, conveying or making known.
"Private wire."
Any and all service equipment, facilities, conduits, poles, wires, circuits, systems by which or by means of which service is furnished for communication purposes, either through the medium of telephone, telegraph, Morse, teletypewriter, loudspeaker or any other means, or by which the voice or electrical impulses are sent over a wire, and which services are contracted for or leased for service between two or more points specifically designated, and are not connected to or available for general telegraphic or telephonic exchange or toll service, and shall include such services known as "special contract leased wire service," "leased line," "private line," "private system," "Morse line," "private wire," but shall not include the usual and customary telephone service by which the subscriber may be connected at each separate call to any other telephone designated by him only through the general telephone exchange system or toll service, and shall not include private wires used for fire or burglar alarm purposes, nor telegraph messenger call boxes and circuits used in connection therewith, time clock circuits used for furnishing correct time service, nor telegraph teleprinters when these teleprinters terminate in the telegraph companies' offices and are not directly connected between two customers.
"Public utility."
A person, partnership, association or corporation, now or hereafter owning or operating in this Commonwealth, equipment or facilities for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2902 - Private wire for gambling information prohibited

§ 2902. Private wire for gambling information prohibited.
(a) General rule.--
It is unlawful for any public utility knowingly to furnish to any person or corporation any private wire for use or intended for use in the dissemination of information in furtherance of gambling or for gambling purposes. Any contract shall constitute prima facie evidence that such private wire will be used in furtherance of gambling or for gambling purposes if it shall appear in such contract, or otherwise, that such private wire will be used, is intended to be used or has been used for the dissemination of information pertaining to any horse-racing, race track, race horse, betting, betting odds or any information relative thereto.
(b) Burden of proof.--
In any proceeding before the commission under this chapter and in any hearing or proceeding on appeal, the burden of proof shall be on the public utility and the person or corporation contracting for such private wire to show that the private wire has not been used, or is not being used, or is not intended for use in the furtherance of gambling or for gambling purposes.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2903 - Written contract for private wire

§ 2903. Written contract for private wire.
(a) General rule.--
It is unlawful for any public utility to furnish to any person or corporation any private wire, except in pursuance of a written contract signed by the public utility, by the person or corporation contracting for said private wire and responsible under the terms of the contract for the payment for the service, and by the person or corporation in possession or control of any place or location designated in the contract for installation or connection of said private wire, which contract shall include a detailed written statement of the purpose for which such private wire is intended to be used.
(b) Exceptions.--
This section does not apply to:
(1) The furnishing of any private wire in case of public emergency, or where the furnishing of the said private wire is for a temporary purpose not to exceed 48 hours.
(2) Any private wire furnished for use in radio broadcasting, or to any private wire furnished for use by any protective service operating under a franchise granted by any municipality, or to any private wire furnished for use in interstate commerce, or to any private wire furnished for use of newspapers of general circulation.
(c) Action by commission.--
It is unlawful for any public utility to furnish to any person or corporation any private wire without first furnishing to the commission a duplicate original of the written contract required by this section. The commission shall examine the same forthwith and conduct such investigation as it may deem necessary, and, if upon examination of the contract, or after investigation, or otherwise at any time, the commission shall find that the said private wire is intended for or has been used for or is being used for the transmission of information or advice in furtherance of gambling, the commission shall disapprove the said contract and give notice of such disapproval to the contracting parties. Thereafter it shall be unlawful for any public utility to furnish the said private wire provided for in the said contract. This subsection does not apply to the furnishing of any private wire in case of public emergency, or where the furnishing of the said private wire is for a temporary purpose not to exceed 48 hours.
(d) Hearing.--
Any public utility or other person or corporation party to the contract who shall feel aggrieved at the action of the commission in disapproving any contract for any private wire shall be entitled to a hearing before the commission upon written request.
(e) Illegal use.--
It is unlawful for any person or corporation, who has been furnished a private wire by any public utility in accordance with the provisions of this chapter, to use such private wire for any purpose other than that specified in the contract.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2904 - Joint use of telephone and telegraph facilities

§ 2904. Joint use of telephone and telegraph facilities.
(a) Through lines for continuous service.--
The commission may, upon complaint or upon its own motion, after reasonable notice and hearing, by order, require any two or more public utilities, whose lines or wires form a continuous line of communication, or could be made to do so by the construction and maintenance of suitable connections or the joint use of facilities, or the transfer of messages at common points, between different localities which cannot be communicated with, or reached by, the lines of either public utility alone, where such service is not already established or provided, to establish and maintain through lines within this Commonwealth between two or more such localities. The rate for such service shall be just and reasonable and the commission shall have power to establish the same, and declare the portion thereof to which each company affected thereby is entitled and the manner in which the same must be secured and paid. All facilities necessary to establish such service shall be constructed and maintained in such manner and under such rules, with such division of expense and labor, as may be required by the commission.
(b) Trunk line connections.--
The commission may, upon complaint or upon its own motion, after reasonable notice and hearing, by order, require any one or more public utilities to connect their facilities, through the medium of suitable trunk lines, with such manual or automatic inter-communicating telephone or telegraph systems as may be wholly owned or leased by such public utilities, or by any other person or corporation. Rates for such trunk line connections and service shall be in accordance with tariffs filed with and approved by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2907 - State correctional institutions

§ 2907. State correctional institutions.
(a) Identification of calls.--
Telecommunication service providers which provide telecommunication services to State correctional institutions shall identify to the called party any call made by an inmate as originating from a correctional institution.
(b) Payment of calls.--
(1) The Department of Corrections may direct that calls made by an inmate shall be collect calls.
(2) The Department of Corrections may provide guidelines for alternative payment methods for telephone calls made by inmates, provided that the alternative methods are consistent with security needs, orderly operation of the prison and the public interest.
(c) No cause of action created.--
This section shall not be construed to create any cause of action or any legal right in any person or entity. In addition, this section is not intended to create any right of an inmate to make a telephone call or to compel a particular method of payment.
(Dec. 18, 1996, P.L.1061, No.156, eff. 60 days; Apr. 2, 2002, P.L.218, No.23, eff. imd.)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2911 - Legislative findings and declarations

§ 2911. Legislative findings and declarations.
The General Assembly finds and declares as follows:
(1) It is in the public interest of the citizens of this Commonwealth to maintain and promote the availability and affordability of public coin telephone service.
(2) The public safety, health and welfare requires that public coin telephone stations shall, except in extraordinary circumstances, have the capability of making and receiving local and toll calls in order to provide adequate service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2912 - Availability of adequate coin telephone service

§ 2912. Availability of adequate coin telephone service.
(a) General rule.--
All public utilities, as defined in this chapter, shall maintain a sufficient number of public coin telephone stations within its service territory to provide adequate access to emergency telephone service, to ensure that there is adequate access to the telephone network for individuals who do not subscribe to telephone service and for any other purpose determined to be appropriate by the commission.
(b) Definition.--
As used in this subchapter the term "public coin telephone stations" means those stations which are readily accessible to the public 24 hours per day or are designated as public telephones pursuant to tariffs approved by the commission.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2913 - Minimum service requirement

§ 2913. Minimum service requirement.
(a) General rule.--
All public and semipublic coin telephone stations maintained by a public utility or provided, maintained or sold in this Commonwealth by any other person, partnership, association or corporation shall, except in extraordinary circumstances, provide two-way service. The commission shall permit public coin telephones to be converted so that they are technically capable of placing, but not receiving, calls only when such conversion is necessary to protect the public safety, health and welfare and would be in the best interests of the public.
(b) Public coin telephone service by nonpublic utilities.--
No public utility shall provide telephone service to any person, partnership, association or corporation for the purpose of providing public and semipublic coin service unless the coin telephone complies with subsection (a).
(c) Definition.--
As used in this section the term "two-way service" means the technical capability to place and receive local and intrastate telephone calls, the conspicuous display of a telephone number at which the public coin telephone can be reached and the ability to recognize when a call is incoming.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 29 - Telephone and Telegraph Wires › Section 2915 - Duty of commission

§ 2915. Duty of commission.
The commission shall ensure that the provisions of this subchapter are implemented by all public utilities, coin telephone station manufacturers, vendors, owners and lessors doing business in this Commonwealth. The commission shall, within 120 days after the effective date of this subchapter, promulgate regulations implementing the provisions of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Extra - Chapter Notes

Enactment.
Chapter 30 was added July 8, 1993, P.L.456, No.67, effective immediately.
Cross References.
Chapter 30 is referred to in section 1202 of Title 8 (Boroughs and Incorporated Towns).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3001 - Declaration of policy (Repealed)

§ 3001. Declaration of policy (Repealed).
2004 Repeal.
Section 3001 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3002 - Definitions (Repealed)

§ 3002. Definitions (Repealed).
2004 Repeal.
Section 3002 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3003 - Local exchange telecommunications company request for alternative regulation and network modernization implementation plan (Repealed)

§ 3003. Local exchange telecommunications company request for alternative regulation and network modernization implementation plan (Repealed).
2004 Repeal.
Section 3003 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3004 - Commission review and approval of petition and plan (Repealed)

§ 3004. Commission review and approval of petition and plan (Repealed).
2004 Repeal.
Section 3004 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3005 - Competitive services (Repealed)

§ 3005. Competitive services (Repealed).
2004 Repeal.
Section 3005 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3006 - Streamlined form of rate regulation (Repealed)

§ 3006. Streamlined form of rate regulation (Repealed).
2004 Repeal.
Section 3006 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3007 - Determination of access charges (Repealed)

§ 3007. Determination of access charges (Repealed).
2004 Repeal.
Section 3007 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3008 - Interexchange telecommunications carrier (Repealed)

§ 3008. Interexchange telecommunications carrier (Repealed).
2004 Repeal.
Section 3008 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3009 - Additional powers and duties (Repealed)

§ 3009. Additional powers and duties (Repealed).
2004 Repeal.
Section 3009 was repealed November 30, 2004, P.L.1398, No.183, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3013 - Continuation of commission-approved alternative regulation and network modernization plans

§ 3013. Continuation of commission-approved alternative regulation and network modernization plans.
(a) General rule.--
An alternative form of regulation plan and network modernization plan approved by the commission for a local exchange telecommunications company as of December 31, 2003, shall remain valid and effective except as may be amended at the election of the local exchange telecommunications company as authorized by this chapter. The commission shall allow a previously approved plan to be amended to conform to any changes made under this chapter and shall not require any other changes to the plan.
(b) Limitation on changes to plans.--
Except for changes to existing alternative form of regulation and network modernization plans as authorized by this chapter, no change to any alternative form of regulation or network modernization plan may be made without the express agreement of both the commission and the local exchange telecommunications company.
(c) Grandfather provision.--
All services previously determined to be competitive as of December 31, 2003, shall remain competitive services unless reclassified by the commission under section 3016(c) (relating to competitive services).
(d) Commission oversight.--
The commission will continue to exercise oversight of alternative form of regulation and network modernization plans for local exchange telecommunications companies as provided in this chapter.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment.
Act 183 added section 3013.
Cross References.
Section 3013 is referred to in section 3014 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3017 - Access charges

§ 3017. Access charges.
(a) General rule.--
The commission may not require a local exchange telecommunications company to reduce access rates except on a revenue-neutral basis.
(b) Refusal to pay access charges prohibited.--
No person or entity may refuse to pay tariffed access charges for interexchange services provided by a local exchange telecommunications company.
(c) Limitation.--
No telecommunications carrier providing competitive local exchange telecommunications service may charge access rates higher than those charged by the incumbent local exchange telecommunications company in the same service territory unless such carrier can demonstrate that the higher access rates are cost justified.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment.
Act 183 added section 3017.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 30 - Alternative Form of Regulation of Telecommunications Services › Section 3018 - Interexchange telecommunications carriers

§ 3018. Interexchange telecommunications carriers.
(a) Competitive and noncompetitive services.--
Interexchange services provided by interexchange telecommunications carriers shall be competitive services.
(b) Rate regulation.--
(1) The commission may not fix or prescribe the rates, tolls, charges, rate structures, rate base, rate of return, operating margin or earnings for interexchange competitive services or otherwise regulate interexchange competitive services except as set forth in this chapter.
(2) An interexchange telecommunications carrier may file and maintain tariffs or price lists with the commission for competitive telecommunications services.
(3) Nothing in this chapter shall be construed to limit the authority of the commission to regulate the privacy of interexchange service and the ordering, installation, restoration and disconnection of interexchange service to customers.
(c) Reclassification.--
The commission may reclassify telecommunications services provided by an interexchange telecommunications carrier as noncompetitive if, after notice and hearing, it determines, upon application of the criteria set forth in this chapter, that sufficient competition is no longer present.
(d) Construction.--
Nothing in this chapter shall be construed:
(1) To limit the authority of the commission to resolve complaints regarding the quality of interexchange telecommunications carrier service.
(2) To limit the authority of the commission to determine whether an interexchange telecommunications carrier should be extended the privilege of operating within this Commonwealth or to order the filing of such reports, documents and information as may be necessary to monitor the market for and competitiveness of interexchange telecommunications services.
(Nov. 30, 2004, P.L.1398, No.183, eff. imd.)
2004 Amendment.
Act 183 added section 3018.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 31 - Foreign Trade Zones › Section 3101 - Operation as public utility

§ 3101. Operation as public utility.
Each foreign trade zone established and maintained within the limits of this Commonwealth as set forth in this chapter shall be operated as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable, but no such rates or charges shall be subject to supervision, regulation or control by the commission. Every municipality and private corporation operating and maintaining a foreign trade zone shall afford to all who may apply for the use of the trade zone and its facilities and appurtenances, uniform treatment under like conditions, subject to such treaties or commercial conventions as are now in force or may hereafter be made from time to time by the United States with foreign governments.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 31 - Foreign Trade Zones › Section 3102 - Establishment by private corporations and municipalities

§ 3102. Establishment by private corporations and municipalities.
Any private corporation formed in this Commonwealth for the purposes expressed in this part and any municipality of this Commonwealth, is hereby authorized to make application in accordance with the provisions of the act of Congress of the United States, approved June 18, 1934, entitled "An act to provide for the establishment, operation, and maintenance of foreign trade zones in ports of entry of the United States; to expedite and encourage foreign commerce, and for other purposes," (Public Act No. 397, 73rd Congress), referred to in this chapter as "the act of Congress"; to the board consisting of the Secretary of Commerce, the Secretary of the Treasury, and the Secretary of War, thereby established, referred to in this chapter as "the board"; for the privilege of establishing, operating, and maintaining a foreign trade zone in, or adjacent to, any port of entry under the jurisdiction of the United States in order to expedite and encourage foreign commerce. If, and when, such application is granted, the grantee shall have power to establish, operate, and maintain such foreign trade zone. Any foreign trade zone established by a municipality may be operated and maintained only within the limits of such municipality, or adjacent thereto. Any such foreign trade zone shall be established, operated, and maintained by a municipality or private corporation in accordance with the provisions of the act of Congress.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 31 - Foreign Trade Zones › Section 3103 - Formation and authority of private corporations (Repealed)

§ 3103. Formation and authority of private corporations (Repealed).
1988 Repeal.
Section 3103 was repealed December 21, 1988, P.L.1444, No.177, effective October 1, 1989.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 31 - Foreign Trade Zones › Section 3104 - Municipalities and corporations to comply with law; forfeiture of rights

§ 3104. Municipalities and corporations to comply with law; forfeiture of rights.
Each municipality and private corporation establishing, operating, and maintaining a foreign trade zone shall fully comply with all of the provisions of the act of Congress and the rules and regulations prescribed by the board thereunder, and shall have all the powers, rights, privileges, and authority conferred by the act of Congress and said rules and regulations, and be subject to the limitations and restrictions contained in said act and said rules and regulations. Any such municipality or private corporation shall forfeit any right and privilege to operate and maintain a foreign trade zone, under the provisions of this part or under the charter of any private corporation formed as aforesaid, if, and when, its grant of privilege is finally revoked under the authority granted in the act of Congress.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 31 - Foreign Trade Zones › Section 3105 - Reports to Department of Community Affairs

§ 3105. Reports to Department of Community Affairs.
Each municipality and private corporation operating a foreign trade zone within the limits of this Commonwealth shall file a copy of every report which it shall make, or be required to make, under the act of Congress with the Department of Community Affairs.
Transfer of Functions.
Section 301(a)(9) of Act 58 of 1996 provided that the housing, community assistance and other functions of the Department of Community Affairs under section 3105 are transferred to the Department of Community and Economic Development. Section 301(a)(16) of Act 58 of 1996 provided that all other powers and duties delegated to the Department of Community Affairs not otherwise expressly transferred elsewhere by Act 58 and currently performed by the Department of Community Affairs under section 3105 are transferred to the Department of Community and Economic Development.
References in Text.
The Department of Community Affairs, referred to in this section, was abolished by Act 58 of 1996 and its functions were transferred to the Department of Community and Economic Development.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3201 - Definitions

§ 3201. Definitions.
The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Authority."
A body politic or corporate established by a city of the second class, except a joint authority established by a city of the second class and a county of the second class, under 53 Pa.C.S. Ch. 56 (relating to municipal authorities), under the former act of June 28, 1935 (P.L.463, No.191), known as the Municipality Authorities Act of one thousand nine hundred and thirty-five, or under the former act of May 2, 1945 (P.L.382, No.164), known as the Municipality Authorities Act of 1945, which owns or operates equipment or facilities for any of the following purposes:
(1) Diverting, developing, pumping, impounding, distributing or furnishing water to customers for compensation.
(2) Wastewater collection, conveyance, treatment or disposal to customers for compensation.
(3) Storm water collection, conveyance, treatment and disposal.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3202 - Application of provisions of title

§ 3202. Application of provisions of title.
(a) Application.--
The following apply:
(1) Beginning on April 1, 2018, unless otherwise provided in this chapter, the provisions of this title, except Chapters 11 (relating to certificates of public convenience) and 21 (relating to relations with affiliated interests), shall apply to an authority in the same manner as a public utility.
(2) Notwithstanding paragraph (1), section 1103 (relating to procedure to obtain certificates of public convenience) shall apply to an authority that seeks to acquire, construct or begin to operate any equipment, plant or other facility for the rendering of service beyond the areas served as of the effective date of this section.
(b) Exception.--
Upon request of an authority, the commission may suspend or waive the applicability of any provision of this title to the authority, except for this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3203 - Prior tariffs

§ 3203. Prior tariffs.
(a) Service.--
An authority shall continue to provide service to the authority's customers in accordance with a prior tariff until the effective date of a commission's order approving a new tariff. If the effective date of a commission's order approving a new tariff has been stayed by a court of competent jurisdiction, the prior tariff shall remain in effect until the stay has been dissolved.
(b) Disputes or conflicts.--
In accordance with section 3208 (relating to power of authority), the commission shall resolve all disputes or conflicts arising under a prior tariff.
(c) Definition.--
As used in this section, the term "prior tariff" shall mean the tariff, rate schedule and riders incorporated into the tariff, including the terms and conditions or other documents setting forth the rates and terms and conditions of service provided by an authority on the date the commission assumes jurisdiction over the authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3204 - Tariff filing and compliance plan

§ 3204. Tariff filing and compliance plan.
(a) Filing.--
An authority shall file a tariff and supporting data with the commission within 90 days of the effective date of this section. The commission shall conduct a rate proceeding in accordance with the commission's procedures for tariff filings. To the extent practical, public hearings on the tariff filing shall be held within the boundaries of an authority.
(b) Compliance plan.--
Within 180 days of the effective date of this section, an authority shall file a compliance plan with the commission which shall include provisions to bring an authority's existing information technology, accounting, billing, collection and other operating systems and procedures into compliance with the requirements applicable to jurisdictional water and wastewater utilities under this title and applicable rules, regulations and orders of the commission. The compliance plan shall also include a long-term infrastructure improvement plan in accordance with Subchapter B of Chapter 13 (relating to distribution systems).
(c) Commission review.--
The commission shall review the compliance plan filed by an authority under subsection (b) and may order the authority to file a new or revised compliance plan if the compliance plan fails to adequately ensure and maintain the provision of adequate, efficient, safe, reliable and reasonable service.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3205 - Maintenance, repair and replacement of facilities and equipment

§ 3205. Maintenance, repair and replacement of facilities and equipment.
(a) Authorization.--
The commission may require an authority to maintain, repair and replace facilities and equipment used to provide services under this chapter to ensure that the equipment and facilities comply with section 1501 (relating to character of service and facilities).
(b) Petition.--
An authority may petition the commission for the establishment of a distribution system improvement charge. An authority which establishes a distribution system improvement charge shall comply with all applicable requirements of Subchapter B of Chapter 13 (relating to distribution systems).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3206 - Duties of Office of Consumer Advocate and Office of Small Business Advocate

§ 3206. Duties of Office of Consumer Advocate and Office of Small Business Advocate.
(a) Office of Consumer Advocate.--
The Office of Consumer Advocate shall represent the interests of consumers as a party, or otherwise participate for the purpose of representing the interests of consumers, in any matter properly before the commission relating to an authority.
(b) Office of Small Business Advocate.--
The Office of Small Business Advocate shall represent the interests of consumers as a party, or otherwise participate for the purpose of representing the interests of small business consumers, in any matter properly before the commission relating to an authority.
(c) Authorization.--
In addition to any other powers conferred upon the Office of Consumer Advocate or Office of Small Business Advocate, the Office of Consumer Advocate or Office of Small Business Advocate may represent an interest of consumers presented to it for consideration, in writing, by a substantial number of individuals who make, direct, use or are the recipients of a product or service provided by an authority.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3207 - Commission assessment

§ 3207. Commission assessment.
(a) Sworn statement.--
In order to allow the commission to carry out the commission's duties under this chapter, the chairperson, vice chairperson or executive director of an authority shall file, within 30 days of the effective date of this section and on or before March 31 of each year thereafter, a sworn statement which specifies the authority's gross intrastate revenues for the immediately preceding calendar year in the same manner as required under section 510(b) (relating to assessment for regulatory expenses upon public utilities).
(b) Billing.--
The commission shall make an estimate based on the gross intrastate revenues specified under subsection (a) in accordance with the procedures set forth in section 510(b) and shall impose an assessment on an authority based on the authority's proportional share of the commission's expenses relating to the commission's utility group in accordance with section 510(b). An authority shall pay an assessment on an annual basis in accordance with section 510.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 66 - PUBLIC UTILITIES › Chapter 32 - Water and Sewer Authorities in Cities of the Second Class › Section 3208 - Power of authority

§ 3208. Power of authority.
(a) Power.--
Nothing in this chapter shall be construed to rescind or limit the power of a city of the second class to establish an authority or determine the powers and functions of an authority.
(b) Audits.--
Nothing in this chapter shall be construed to limit or prevent a city official of a city of the second class from conducting audits and examinations of the financial affairs of an authority in accordance with the city official's duties.
(c) Securities of authority.--
Notwithstanding any provision in this title to the contrary:
(1) The commission shall permit an authority to impose, charge or collect rates or charges as necessary to permit the authority to comply with its covenants to the holders of any bonds or other financial obligations.
(2) The commission may not require an authority to take action or omit taking any action under this title if the action or omission would have the effect of causing the interest on tax-exempt bonds or other financial obligations issued by the authority to be includable in the gross income of the holders of the bonds or other financial obligations for Federal income tax purposes.
(3) An authority may continue to issue bonds or other financial obligations on behalf of the authority under 53 Pa.C.S. Ch. 56 (relating to municipal authorities) and as otherwise provided by law.
Cross References.
Section 3208 is referred to in section 3203 of this title.