HB 2674

                                                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
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2    Consolidated Statutes, in general provisions relating to
3    Public Utility Code, further 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 and the section is amended by adding a definition 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    "Commercial data center."   A facility, campus of facilities
17 or array of interconnected facilities in this Commonwealth that
1 meets all of the following:
2(1)   Is used by a business entity or other enterprise to
3    operate, manage or maintain a computer, group of computers or
4    other organized assembly of hardware and software for the
5    primary purpose of processing, storing, retrieving or
6    transmitting data.
7(2)   Has a peak demand of 25 megawatts or greater.
8(3)   Is interconnected to a public utility at a single
9    point of interconnection or multiple points of
10    interconnection or is interconnected to multiple public
11    utilities within this Commonwealth through multiple points of
12    interconnection.
13    * * *
14    "Public utility."
15(1)   Any person or corporations now or hereafter owning
16    or operating in this Commonwealth equipment or facilities
17    for:
18(i)    [Producing] The primary purpose of producing,
19generating, transmitting, distributing or furnishing
20natural or artificial gas, electricity, or steam for the
21production of light, heat, or power to or for the public
22for compensation.
23(ii)    Diverting, developing, pumping, impounding,
24distributing, or furnishing water to or for the public
25for compensation.
26(iii)    Transporting passengers or property as a
27common carrier.
28(iv)    Use as a canal, turnpike, tunnel, bridge,
29wharf, and the like for the public for compensation.
30(v)    Transporting or conveying natural or artificial
20260HB2674PN3715  - 2 -
1      gas, crude oil, gasoline, or petroleum products,
2      materials for refrigeration, or oxygen or nitrogen, or
3      other fluid substance, by pipeline or conduit, for the
4      public for compensation.
5(vi)    Conveying or transmitting messages or
6      communications, except as set forth in paragraph (2)(iv),
7      by telephone or telegraph or domestic public land mobile
8      radio service including, but not limited to, point-to-
9      point microwave radio service for the public for
10      compensation.
11(vii)    Wastewater collection, treatment, or disposal
12      for the public for compensation.
13(viii)    Providing limousine service in a county of
14      the second class pursuant to Subchapter B of Chapter 11
15      (relating to limousine service in counties of the second
16      class).
17      (2)   The term does not include:
18(i)    Any person or corporation, not otherwise a
19      public utility, who or which furnishes service only to
20      himself or itself.
21(ii)    Any bona fide cooperative association which
22      furnishes service only to its stockholders or members on
23      a nonprofit basis.
24(iii)    Any producer of natural gas not engaged in
25      distributing such gas directly to the public for
26      compensation.
27(iv)    Any person or corporation, not otherwise a
28      public utility, who or which furnishes mobile domestic
29      cellular radio telecommunications service.
30(v)    Any building or facility owner/operators who
20260HB2674PN3715  - 3 -
1      hold ownership over and manage the internal distribution
2      system serving such building or facility and who supply
3      electric power and other related electric power services
4      to occupants of the building or facility.
5(vi)    Electric generation supplier companies, except
6      for the limited purposes as described in sections 2809
7      (relating to requirements for electric generation
8      suppliers) and 2810 (relating to revenue-neutral
9      reconciliation).
10(vi.1)       A commercial data center whose sale of
11      electricity to the grid is secondary and not the primary
12      business of operating, managing or maintaining a
13      computer, group of computers or other organized assembly
14      of hardware and software for the primary purpose of
15      processing, storing, retrieving or transmitting data.
16(vii)    Service as follows:
17(A)    Any water or sewer service provided to
18independently owned user premises by a person or
19corporation that owns and operates as a primary
20business a resort where:
21(I)    the service provided is from a point
22within the boundaries of the resort's property
23and is provided to no more than 100 independently
24owned user premises for each type of service;
25(II)    the service is verified by the resort,
26in a form and manner prescribed by the
27commission, to be incidental to the supplier's
28primary resort business as evidenced by the gross
29annual revenues derived from each type of service
30provided to independently owned user premises
20260HB2674PN3715  - 4 -
1being less than 1% of the annual gross revenues
2of the primary resort business;
3(III)    rates to independently owned user
4premises do not exceed the average of the rates
5for comparable service provided by two municipal
6corporations or municipal authorities or any
7combination of the two that are reasonably
8proximate to the resort or within the same county
9if rural;
10(IV)    service will not be terminated to any
11independently owned user premises in the resort,
12unless termination is requested by the user, is
13necessary due to nonpayment or to prevent misuse
14of the system by a user which impairs or
15jeopardizes service to other users and the
16resort, or if termination is directed by law,
17regulation or by a Federal or State agency or
18governmental body;
19(V)     the water and sewer service provided to
20the independently owned user premises is the same
21service that the resort owner provides to itself
22or its affiliates;
23(VI)    the resort adopts a resolution
24providing that it will not serve any additional
25independently owned user premises except if
26lawfully directed by any Federal or State agency
27or governmental body to protect public health and
28safety due to an emergency such as contamination
29or failure of existing supply, and does not
30revoke or amend such resolution without first
20260HB2674PN3715  - 5 -
1notifying the secretary of the commission in
2writing 30 days in advance of such proposed
3revocation or amendment; and
4(VII)    disputes between an independently
5owned user premises and the resort are resolved
6by the applicable court system.
7(B)   For purposes of this subparagraph:
8(I)    The term "resort" means a place or
9business visited primarily for leisure or
10vacation that offers or provides lodging,
11entertainment, hospitality, dining, recreational
12facilities or activities for guests, business
13conferees, members or residents.
14(II)    The term "independently owned user
15premises" means a structure not owned by the
16resort or its affiliates, including a structure
17intended to be used as a seasonal residence,
18served from a point within the boundaries of a
19resort and to which a resort owner or its
20affiliates provides water or sewer service.
21      (3)   For the purposes of sections 2702 (relating to
22  construction, relocation, suspension and abolition of
23  crossings), 2703 (relating to ejectment in crossing cases)
24  and 2704 (relating to compensation for damages occasioned by
25  construction, relocation or abolition of crossings) and those
26  portions of sections 1501 (relating to character of service
27  and facilities), 1505 (relating to proper service and
28  facilities established on complaint; authority to order
29  conservation and load management programs) and 1508 (relating
30  to reports of accidents), as those sections or portions
20260HB2674PN3715  - 6 -
1  thereof relate to safety only, a municipal authority or
2  transportation authority organized under the laws of this
3  Commonwealth shall be considered a public utility when it
4  owns or operates, for the carriage of passengers or goods by
5  rail, a line of railroad composed of lines formerly owned or
6  operated by the Pennsylvania Railroad, the Penn-Central
7  Transportation Company, the Reading Company or the
8  Consolidated Rail Corporation.
9  * * *
10  Section 2.    This act shall take effect in 60 days.
20260HB2674PN3715  - 7 -