35 Pa. Stat. § 2141.2 : Statutes (Unconsolidated) — HEALTH AND SAFETY — PUBLIC UTILITY CONFIDENTIAL SECURITY INFORMATION DISCLOSURE PROTECTION ACT — Definitions

The following words and phrases when used in this act shall have the meanings given to them in this section unless the context clearly indicates otherwise:

"Agency." Any office, department, board or commission of the executive departments of the Commonwealth, any political subdivision of the Commonwealth, the Pennsylvania Turnpike Commission, the State System of Higher Education or any State or municipal authority or similar organization created by or pursuant to a statute which declares in substance that such organization performs or has for its purpose the performance of an essential governmental function.

"Confidential security information." Information contained within a record maintained by an agency in any form, the disclosure of which would compromise security against sabotage or criminal or terrorist acts and the nondisclosure of which is necessary for the protection of life, safety, public property or public utility facilities, including, but not limited to, all of the following:

(1) A vulnerability assessment which is submitted to the Environmental Protection Agency or any other Federal, State or local agency.
(2) Portions of emergency response plans that are submitted to the Department of Environmental Protection, the Pennsylvania Public Utility Commission or any other Federal, State or local agency dealing with response procedures or plans prepared to prevent or respond to emergency situations, except those portions intended for public disclosure, the disclosure of which would reveal vulnerability assessments, specific tactics, specific emergency procedures or specific security procedures. Nothing in this term shall be construed to relieve a public utility from its public notification obligations under other applicable Federal and State laws.
(3) A plan, map or other drawing or data which shows the location or reveals location data on community drinking water wells and surface water intakes.
(4) A security plan, security procedure or risk assessment prepared specifically for the purpose of preventing or for protection against sabotage or criminal or terrorist acts.
(5)
(i) Specific information, including portions of financial statements, about security devices or personnel, designed to protect against sabotage or criminal or terrorist acts.
(ii) Nothing in this definition shall be construed to prevent the disclosure of monetary amounts. "Dangerous to human life or property." A violent act or an act which is intended to or likely to cause death, serious bodily injury or mass destruction.

"Facilities." All the plant and equipment of a public utility, including all tangible and intangible real and personal property without limitation, and any and all means and instrumentalities in any manner owned, operated, leased, licensed, used, controlled, furnished or supplied for, by or in connection with the business of any public utility. For the purposes of this act, the term shall also include electric power generation.

"Mass destruction." An act which is intended to or likely to destroy or cause serious damage to facilities, public or private buildings, places of public accommodation or public works under circumstances evincing depraved indifference to human life or property.

"Public utility." Any person, corporation, municipality or municipal authority or corporation now or hereafter owning or operating in this Commonwealth equipment or facilities for:

(1) Producing, generating, transmitting, distributing or furnishing natural or artificial gas, electricity or steam for the production of light, heat or power to the public for compensation. For the purposes of this act, the term shall also include electric power generation.
(2) Diverting, developing, pumping, impounding, distributing or furnishing water to or for the public for compensation.
(3) Using a canal, turnpike, tunnel, bridge, wharf and the like for the public for compensation.
(4) Transporting or conveying natural or artificial 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.
(5) Conveying or transmitting messages or communications 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.
(6) Collecting, treating or disposing sewage for the public for compensation.
(7) Transporting passengers or property as a common carrier. "Terrorist act." Any act or acts constituting a violent offense intended to:
(1) intimidate or coerce a civilian population;
(2) influence the policy of a government by intimidation or coercion; or
(3) affect the conduct of a government. "Violent offense." An offense under 18 Pa.C.S. Pt. II (relating to definition of specific offenses), including an attempt, conspiracy or solicitation to commit any such offense, which is punishable by imprisonment of more than one year and involves an act dangerous to human life or property.

35 P.S.§ 2141.2

2006, Nov. 29, P.L. 1435, No. 156, § 2, effective in 180 days [5/29/2007].
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