Pennsylvania Act 1998-113 — PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND

Act text

PUBLIC UTILITY CODE (66 PA.C.S.) - AMEND
                  Act of Dec. 3, 1998, P.L. 920, No. 113              Cl. 66
     Amending Title 66 (Public Utilities) of the Pennsylvania
        Consolidated Statutes, further providing for construction,
        relocation, suspension and abolition of crossings and for
        compensation for damages occasioned by construction,
        relocation or abolition of crossings.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2702(c) of Title 66 of the Pennsylvania
     Consolidated Statutes is amended and the section is amended by
     adding a subsection to read:
      § 2702.  Construction, relocation, suspension and abolition of
                crossings.
        * * *
        (c)  Mandatory relocation, alteration, suspension or
     abolition.--Upon its own motion or upon complaint, the
     commission shall have exclusive power after hearing, upon notice
     to all parties in interest, including the owners of adjacent
     property, to order any such crossing heretofore or hereafter
     constructed to be relocated or altered, or to be suspended or
     abolished upon such reasonable terms and conditions as shall be
     prescribed by the commission. In determining the plans and
     specifications for any such crossing, the commission may lay
     out, establish, and open such new highways as, in its opinion,
     may be necessary to connect such crossing with any existing
     highway, or make such crossing more available to public use; and
     may abandon or vacate such highways or portions of highways as,
     in the opinion of the commission, may be rendered unnecessary
     for public use by the construction, relocation, or abandonment
     of any of such crossings. The commission may order the work of
     construction, relocation, alteration, protection, suspension or
     abolition of any crossing aforesaid to be performed in whole or
     in part by any public utility or municipal corporation concerned
     or by the Commonwealth or an established nonprofit organization
     with a recreational or conservation purpose.
        * * *
        (h)  Assignment of crossing responsibilities to certain
     nonprofit organizations.--
            (1)  The commission may order the work of abolition of
        any crossing in whole or in part, including any future
        obligations, to be performed by a municipal authority created
        to advance recreation or conservation purposes or a nonprofit
        organization with a recreation or conservation purpose if:
                (i)  the municipal authority or nonprofit
            organization provides adequate security for the work or
            demonstrates financial responsibility to the satisfaction
            of the commission; and
                (ii)  the commission does not order any Commonwealth
            agency to bear ancillary responsibility for the work of
            abolition of any crossing, or the cost associated with
            the work, without the prior written consent of the head
            of the Commonwealth agency.
            (2)  In accordance with the provisions of section 2704
        (relating to compensation for damages occasioned by
        construction, relocation or abolition of crossings), the
        commission may order the municipal authority or nonprofit
        organization assuming responsibility for the abolition of the
        crossing to bear all or a portion of the costs associated
        with the work. This section shall not apply to any proceeding
        wherein the commission has issued a final order prior to the
        effective date of its enactment.
        Section 2.  Section 2704(a) of Title 66 is amended to read:
      § 2704.  Compensation for damages occasioned by construction,
                relocation or abolition of crossings.
        (a)  General rule.--The compensation for damages which the
     owners of adjacent property taken, injured, or destroyed may
     sustain in the construction, relocation, alteration, protection,
     or abolition of any crossing under the provisions of this part,
     shall, after due notice and hearing, be ascertained and
     determined by the commission. Such compensation, as well as the
     cost of construction, relocation, alteration, protection, or
     abolition of such crossing, and of facilities at or adjacent to
     such crossing which are used in any kind of public utility
     service, shall be borne and paid, as provided in this section,
     by the public utilities [or], municipal corporations, municipal
     authority or nonprofit organization authorized under section
     2702(h) (relating to construction, relocation, suspension and
     abolition of crossings) concerned, or by the Commonwealth, in
     such proper proportions as the commission may, after due notice
     and hearing, determine, unless such proportions are mutually
     agreed upon and paid by the interested parties.
        * * *
        Section 3.  This act shall take effect in 60 days.

     APPROVED--The 3rd day of December, A. D. 1998.

     THOMAS J. RIDGE