Pennsylvania HB 2674: An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in general provisions relating to Public Utility Code, further providing for definitions.

Bill Text

PRINTER'S NO. 3715
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2674
Session of
2026
INTRODUCED BY PIELLI, FRIEL, MULLINS, OTTEN, DONAHUE, HANBIDGE,
McNEILL, MADDEN, WAXMAN, SAPPEY, WEBSTER AND BOROWSKI,
JUNE 26, 2026
REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
UTILITIES, JUNE 26, 2026
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in general provisions relating to
Public Utility Code, further providing for definitions.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "public utility" in section 102
of Title 66 of the Pennsylvania Consolidated Statutes is amended
and the section is amended by adding a definition to read:
§ 102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have, unless the context clearly
indicates otherwise, the meanings given to them in this section:
* * *
"Commercial data center." A facility, campus of facilities
or array of interconnected facilities in this Commonwealth that
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meets all of the following:
(1) Is used by a business entity or other enterprise to
operate, manage or maintain a computer, group of computers or
other organized assembly of hardware and software for the
primary purpose of processing, storing, retrieving or
transmitting data.
(2) Has a peak demand of 25 megawatts or greater.
(3) Is interconnected to a public utility at a single
point of interconnection or multiple points of
interconnection or is interconnected to multiple public
utilities within this Commonwealth through multiple points of
interconnection.
* * *
"Public utility."
(1) Any person or corporations now or hereafter owning
or operating in this Commonwealth equipment or facilities
for:
(i) [Producing] The primary purpose of producing,
generating, transmitting, distributing or furnishing
natural or artificial gas, electricity, or steam for the
production of light, heat, or power to or for the public
for compensation.
(ii) Diverting, developing, pumping, impounding,
distributing, or furnishing water to or for the public
for compensation.
(iii) Transporting passengers or property as a
common carrier.
(iv) Use as a canal, turnpike, tunnel, bridge,
wharf, and the like for the public for compensation.
(v) Transporting or conveying natural or artificial
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gas, crude oil, gasoline, or petroleum products,
materials for refrigeration, or oxygen or nitrogen, or
other fluid substance, by pipeline or conduit, for the
public for compensation.
(vi) Conveying or transmitting messages or
communications, except as set forth in paragraph (2)(iv),
by telephone or telegraph or domestic public land mobile
radio service including, but not limited to, point-to-
point microwave radio service for the public for
compensation.
(vii) Wastewater collection, treatment, or disposal
for the public for compensation.
(viii) Providing limousine service in a county of
the second class pursuant to Subchapter B of Chapter 11
(relating to limousine service in counties of the second
class).
(2) The term does not include:
(i) Any person or corporation, not otherwise a
public utility, who or which furnishes service only to
himself or itself.
(ii) Any bona fide cooperative association which
furnishes service only to its stockholders or members on
a nonprofit basis.
(iii) Any producer of natural gas not engaged in
distributing such gas directly to the public for
compensation.
(iv) Any person or corporation, not otherwise a
public utility, who or which furnishes mobile domestic
cellular radio telecommunications service.
(v) Any building or facility owner/operators who
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hold ownership over and manage the internal distribution
system serving such building or facility and who supply
electric power and other related electric power services
to occupants of the building or facility.
(vi) Electric generation supplier companies, except
for the limited purposes as described in sections 2809
(relating to requirements for electric generation
suppliers) and 2810 (relating to revenue-neutral
reconciliation).
(vi.1) A commercial data center whose sale of
electricity to the grid is secondary and not the primary
business of operating, managing or maintaining a
computer, group of computers or other organized assembly
of hardware and software for the primary purpose of
processing, storing, retrieving or transmitting data.
(vii) Service as follows:
(A) Any water or sewer service provided to
independently owned user premises by a person or
corporation that owns and operates as a primary
business a resort where:
(I) the service provide