The opinion
DISSENTING OPINION BY
President Judge COLINS.
I must dissent from the well-presented opinion of the majority. For jurisdictional purposes, the Philadelphia Parking Authority (PPA) is a Commonwealth Agency.
As noted by the majority, Act 22 of 2001 (Act 22) 1 , recodified the Parking Authority Law 2 and made dramatic changes to the substance of the law. Act 94 of 2004 3 effectively transferred the regulation of the Philadelphia taxicab and limousine industry from the Pennsylvania Utility Commission to PPA.
As further noted by the majority:
In general, for a taxicab or limousine to operate in Philadelphia, it must have a certificate of public convenience issued by PPA. 53 Pa.C.S. §§ 5714(a), 5741(a).
A taxicab or limousine authorized by a certificate of public convenience issued by PPA may transport persons: 1) between points in Philadelphia; 2) from any point in Philadelphia to any point in the Commonwealth; 3) from any point in the Commonwealth to any point in Philadelphia if the request for service for such transportation is received by call to its centralized dispatch system; and 4) from any point in Philadelphia to any point outside the Commonwealth as part of a continuous trip. 53 Pa.C.S. §§ 5714(c), 5741(a.l).
Majority opinion at 220.
The members of the PPA are appointed by the Governor of the Commonwealth and no longer by the Mayor of Philadelphia. Further, the Appropriations Committees of the Senate and House of Representatives have the power to disapprove of the proposed budget of the PPA. 53 Pa.C.S. § 5707.
This case is on all fours with the standards recently enunciated by this Court in Banacol Marketing Corporation v. Penn Warehousing & Distribution, 904 A.2d 1043 (Pa.Cmwlth.2006).
For these reasons, I would overrule the preliminary objections.
Judge McGINLEY and Judge SMITH-RIBNER join.
. Act of June 19, 2001, P.L. 289.
. Act of June 5, 1947, P.L. 458, formerly 53 P.S. §§ 341-356, repealed by Section 3 of Act 22, and recodified as amended at 53 Pa.C.S. §§ 5501-5517.
.Act of July 16, 2004, P.L. 758.