§ 24A03. Specific powers
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 8 Pa.C.S.A. Boroughs and Incorporated TownsEffective: August 4, 2020
Effective: August 4, 2020
8 Pa.C.S.A. § 24A03
Formerly cited as PA ST 53 P.S. § 47471.1; PA ST 53 P.S. § 47472; PA ST 53 P.S. § 47473; PA ST 53 P.S. § 47474; PA ST 53 P.S. § 47403-A
§ 24A03. Specific powers
<For applicability of the amendment of this section by Act 2020, June 5, P.L. 211, No. 28, § 2, see § 3 of that Act.>
(1) To contract for the purchase, sale, exchange, interchange, wheeling, pooling or transmission of electric power and energy or for the right to the capacity of electric power, inside and outside of this Commonwealth, to and from any public or private power entities, private power companies, other boroughs and electric cooperative corporations. The sale of electric power to a borough for resale inside the limits of the borough and the sale of electric power by a borough inside the limits of the borough shall be exempt from the tax imposed under section 1101 of the act of March 4, 1971 (P.L. 6, No. 2),1 known as the Tax Reform Code of 1971.
(2) To regulate the use of and the charge for electricity furnished by the borough for use throughout the borough. A borough may fix, establish, maintain and collect or authorize by contract or otherwise the establishment, levying and collection of the rates, fees, rental or other charges, including connection charges, for the services afforded by or in connection with any properties which the borough constructs, erects, owns, acquires, operates or manages and for the sale or transmission of electric energy and power as it deems necessary, proper, desirable and reasonable.
(7) To borrow money and from time to time to issue revenue bonds and to enter into agreements with the purchasers of the revenue bonds. A borough that incurs debt for the construction or purchase of an electric plant, or land on which to construct an electric plant, or gains an interest in an electric plant or project under section 24A02 shall incur the debt in accordance with and to the extent permitted by 53 Pa.C.S. Pt. VII Subpt. B (relating to indebtedness and borrowing).2 Interest and principal paid on revenue bonds issued by a borough under this chapter shall be exempt from all State taxes of any kind or nature.
(10) To purchase the electric works of any person, partnership or electric company organized under the laws of this Commonwealth that is furnishing electricity to the borough or the public within the borough. The borough and the person, partnership or a majority in value of the stockholders of a corporation may agree upon the purchase price, except that, upon failure of the parties to agree on the price, the borough may proceed according to 26 Pa.C.S. (relating to eminent domain).
(b) Eminent domain.--In the erection and extension of an electric plant or project under this chapter and for all other purposes authorized by this part, a borough may enter upon, appropriate, injure or destroy private lands, property or material according to the proceedings set forth in 26 Pa.C.S. A borough shall not have the power of condemnation with regard to any property of a private or public retail electric supplier which geographically lies beyond the boundaries of the corporate limits of the borough.
Credits
2014, April 18, P.L. 432, No. 37, § 1, effective in 60 days [June 17, 2014]. Amended 2020, June 5, P.L. 211, No. 28, § 2, effective in 60 days [Aug. 4, 2020].
8 Pa.C.S.A. § 24A03, PA ST 8 Pa.C.S.A. § 24A03
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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