SB 311 — An Act amending Title 53 (Municipalities Generally) of the Pennsylvania Consolidated Statutes, in preemptions, providing for restrictions on utility services prohibited.

PRINTER'S NO.    436

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                           SENATE BILL
                           No. 311
                                                   Session of
                                                     2025

     INTRODUCED BY YAW, BROWN, HUTCHINSON, MARTIN, PENNYCUICK,
        LAUGHLIN, DUSH AND STEFANO, MARCH 19, 2025

     REFERRED TO LOCAL GOVERNMENT, MARCH 19, 2025


                                        AN ACT
 1   Amending Title 53 (Municipalities Generally) of the Pennsylvania
 2      Consolidated Statutes, in preemptions, providing for
 3      restrictions on utility services prohibited.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.        Title 53 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a section to read:
 8   § 307.   Restrictions on utility services prohibited.
 9      (a)   Prohibitions.--
10            (1)   A municipality may not:
11                  (i)    Adopt a policy that restricts or prohibits, or
12            has the effect of restricting or prohibiting, the
13            connection or reconnection of a utility service based
14            upon the type of source of energy to be delivered to an
15            individual or entity within the municipality.
16                  (ii)    Discriminate against a utility service provider
17            based in whole or in part on the nature or source of the
18            utility service provided for an individual or entity
 1            within the municipality.
 2            (2)   A policy, or part of a policy, that is adopted by a
 3      municipality may not restrict or prohibit, or have the effect
 4      of restricting or prohibiting, the ability of an individual
 5      or entity within the municipality to use the services of a
 6      utility service provider that is capable and authorized to
 7      provide utility service for the property of the individual or
 8      entity.
 9      (b)   Construction.--
10            (1)   Nothing in this section shall be construed to affect
11      the authority of a municipality to:
12                  (i)    manage or operate a publicly owned utility; or
13                  (ii)    take steps designed to reduce greenhouse gas
14            emissions from municipal facilities and operations,
15            including purchasing renewable energy.
16            (2)   A municipality's exercise of its land use authority
17      in accordance with the act of July 31, 1968 (P.L.805,
18      No.247), known as the Pennsylvania Municipalities Planning
19      Code, shall not be construed as restricting or prohibiting an
20      individual or entity from choosing a utility service
21      provider.
22      (c)   Definitions.--As used in this section, the following
23   words and phrases shall have the meanings given to them in this
24   subsection unless the context clearly indicates otherwise:
25      "Municipality."       Any of the following:
26            (1)   A county, city, borough, incorporated town or
27      township.
28            (2)   A home rule, optional plan or optional charter
29      municipality.
30            (3)   Any other general purpose unit of government

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 1      established by the General Assembly.
 2             (4)   A municipal authority.
 3             (5)   An entity formed under Subchapter A of Chapter 23
 4      (relating to intergovernmental cooperation).
 5      "Policy."     A requirement, including a zoning or building code
 6   requirement or restriction, which is imposed by ordinance,
 7   resolution, rule, code, land use regulation, general or specific
 8   plan provision or otherwise.
 9      "Utility service."     Service from a utility service provider,
10   which includes electric, manufactured gas, liquefied petroleum
11   gas, natural gas, hydrogen, fuel oil, a renewable source or any
12   other source, and which is capable of providing and authorized
13   to provide the service for the property of an individual or
14   entity.
15      Section 2.     This act shall take effect in 60 days.




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