PRINTER'S NO. 1268
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1017
Session of
2023
INTRODUCED BY BOSCOLA, FONTANA AND PENNYCUICK, DECEMBER 11, 2023
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
DECEMBER 11, 2023
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, in responsible utility customer
3 protection, further providing for declaration of policy, for
4 definitions, for cash deposits and household information
5 requirements, for payment arrangements, for termination of
6 utility service, for reconnection of service, for public
7 utility duties, for reporting of recipients of public
8 assistance, for liens by city natural gas distribution
9 operations, for reporting to General Assembly and Governor
10 and for nonapplicability and repealing provisions relating to
11 expiration.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 1402(1) of Title 66 of the Pennsylvania
15 Consolidated Statutes is amended and the section is amended by
16 adding a paragraph to read:
17 § 1402. Declaration of policy.
18 The General Assembly finds and declares as follows:
19 (1) Formal service rules were first adopted by the
20 Pennsylvania Public Utility Commission in 1978 with the
21 stated goal of enforcing uniform, fair and equitable
22 residential public utility service standards governing
 1 eligibility criteria, credit and deposit practices, account
2 billing, termination and restoration of service procedures
3 and customer complaint procedures. These rules have not
4 successfully managed the issue of bill payment. Increasing
5 amounts of unpaid bills now threaten paying customers with
6 higher rates due to other customers' delinquencies.
7 * * *
8 (5) The General Assembly believes that it is appropriate
9 to recognize the applicability of this chapter to a water and
10 sewer authority in a city of the second class.
11 Section 2. Sections 1403, 1404(d) and 1405(a) and (b) of
12 Title 66 are amended to read:
13 § 1403. Definitions.
14 The following words and phrases when used in this chapter
15 shall have the meanings given to them in this section unless the
16 context clearly indicates otherwise:
17 "Applicant." A natural person at least 18 years of age or an
18 emancipated minor not currently receiving service who applies
19 for residential service provided by a public utility or any
20 adult occupant whose name appears on the mortgage, deed or
21 lease, as identified in section 202 of the act of April 6, 1951
22 (P.L.69, No.20), known as The Landlord and Tenant Act of 1951,
23 of the property for which the residential public utility service
24 is requested. The term does not include a person who, within 30
25 days after service termination or discontinuance of service,
26 seeks to have service reconnected at the same location or
27 transferred to another location within the service territory of
28 the public utility.
29 "Change in income." A decrease in household income of 20% or
30 more if the customer's household income level exceeds 200% of
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 1 the Federal poverty level or a decrease in household income of
2 10% or more if the customer's household income level is 200% or
3 less of the Federal poverty level.
4 "City natural gas distribution operation." As defined in
5 section 102 (relating to definitions).
6 "Creditworthiness." An assessment of an applicant's or
7 customer's ability to meet bill payment obligations for utility
8 service.
9 "Customer." A natural person at least 18 years of age or an
10 emancipated minor in whose name a residential service account is
11 listed and who is primarily responsible for payment of bills
12 rendered for the service or any adult occupant whose name
13 appears on the mortgage, deed or lease, as identified in section
14 202 of The Landlord and Tenant Act of 1951, of the property for
15 which the residential utility service is requested. The term
16 includes a person who, within 30 days after service termination
17 or discontinuance of service, seeks to have service reconnected
18 at the same location or transferred to another location within
19 the service territory of the public utility.
20 "Customer assistance program." A plan or program sponsored
21 by a public utility for the purpose of providing universal
22 service and energy conservation, as defined by section 2202
23 (relating to definitions) or 2803 (relating to definitions), or
24 other assistance programs offered by a public utility, including
25 a water distribution utility or a wastewater utility, in which
26 customers make monthly payments based on household income and
27 household size and under which customers must comply with
28 certain responsibilities and restrictions in order to remain
29 eligible for the program.
30 "Electric distribution utility." [An entity providing
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 1 facilities for the jurisdictional transmission and distribution
2 of electricity to retail customers, except building or facility
3 owners or operators that manage the internal distribution system
4 serving such building or facility and that supply electric power
5 and other related electric power services to occupants of the
6 building or facility.] The term have the same meaning as the
7 term "electric distribution company" in section 2803 (relating
8 to definitions).
9 "Formal complaint." A complaint filed before the
10 [Pennsylvania Public Utility Commission] commission requesting a
11 legal proceeding before a [Pennsylvania Public Utility
12 Commission] commission administrative law judge or a mediation
13 under the management of a [Pennsylvania Public Utility
14 Commission] commission administrative law judge.
15 "Household income." The combined gross income of all adults
16 at least 18 years of age and emancipated minors in a residential
17 household who benefit from the public utility service, excluding
18 earned income received by household members under 18 years of
19 age who are not emancipated.
20 "Informal complaint." A complaint filed with the
21 [Pennsylvania Public Utility Commission] commission by a
22 customer that does not involve a legal proceeding before a
23 [Pennsylvania Public Utility Commission] commission
24 administrative law judge or a mediation under the management of
25 a [Pennsylvania Public Utility Commission] commission
26 administrative law judge.
27 "LIHEAP" or "Low Income Home Energy Assistance Program." A
28 federally funded program authorized by 42 U.S.C. §§ 8621
29 (relating to home energy grants), 8622 (relating to
30 definitions), 8623 (relating to state allotments), 8624
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 1 (relating to applications and requirements), 8625 (relating to
2 nondiscrimination provisions), 8626 (relating to payments to
3 States; fiscal year requirements respecting availability, etc.),
4 8627 (relating to withholding of funds), 8628 (relating to
5 limitation on use of grants for construction), 8629 (relating to
6 studies and reports) and 8630 (relating to renewable fuels) that
7 provides financial assistance in the form of cash and crisis
8 grants to low-income households for home energy bills and is
9 administered by the Department of [Public Welfare] Human
10 Services.
11 "Medical certificate." A written document, in a form
12 approved by the commission:
13 (1) certifying that a customer or member of the
14 customer's household is seriously ill or has been diagnosed
15 with a medical condition which requires the continuation of
16 service to treat the medical condition; and
17 (2) signed by a licensed physician, nurse practitioner
18 or physician's assistant.
19 "Natural gas distribution service." [The delivery of natural
20 gas to retail gas customers utilizing the jurisdictional
21 facilities of a natural gas distribution utility.] As defined in
22 section 2202 (relating to definitions).
23 "Natural gas distribution utility." [A city natural gas
24 distribution operation or entity that provides natural gas
25 distribution services and may provide natural gas supply
26 services and other services. The term does not include either of
27 the following:
28 (1) Any public utility providing natural gas
29 distribution services subject to the jurisdiction of the
30 Pennsylvania Public Utility Commission that has annual gas
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 1 operating revenues of less than $6,000,000 per year, except
2 where the public utility voluntarily petitions the commission
3 to be included within this definition or where the public
4 utility seeks to provide natural gas supply services to
5 retail gas customers outside its service territory.
6 (2) Any public utility providing natural gas
7 distribution services subject to the jurisdiction of the
8 commission that is not connected to an interstate gas
9 pipeline by means of a direct connection or an indirect
10 connection through the distribution system of another natural
11 gas public utility or through a natural gas gathering
12 system.] Shall have the same meaning as the term "natural gas
13 distribution company" in section 2202.
14 "Natural gas supply services." [The sale or arrangement of
15 the sale of natural gas to retail gas customers and services
16 that may be unbundled by the Pennsylvania Public Utility
17 Commission under section 2203(3) (relating to standards for
18 restructuring of natural gas utility industry). The term does
19 not include natural gas distribution service.] As defined in
20 section 2202.
21 "Occupant." (Reserved).
22 "Payment arrangement." An agreement whereby a customer or
23 applicant who admits liability for billed service is permitted
24 to amortize or pay the unpaid balance of the account in one or
25 more payments.
26 "Public utility." Any electric distribution utility, natural
27 gas distribution utility, small natural gas distribution
28 utility, steam heat utility, wastewater utility or water
29 distribution utility in this Commonwealth that is within the
30 jurisdiction of the [Pennsylvania Public Utility Commission.]
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 1 commission. The term includes a city natural gas distribution
2 operation and a water and sewer authority in a city of the
3 second class.
4 "Significant change in circumstance." Any of the following
5 criteria when verified by the public utility and experienced by
6 customers with household income less than 300% of the Federal
7 poverty level:
8 (1) The onset of a chronic or acute illness resulting in
9 a significant loss in the customer's household income.
10 (2) Catastrophic damage to the customer's residence
11 resulting in a significant net cost to the customer's
12 household.
13 (3) Loss of the customer's residence.
14 (4) Increase in the customer's number of dependents in
15 the household.
16 "Small natural gas distribution utility." A public utility
17 providing natural gas distribution services subject to the
18 jurisdiction of the commission that:
19 (1) has annual gas operating revenues of less than
20 $6,000,000 per year; or
21 (2) is not connected to an interstate gas pipeline by
22 means of a direct connection or any indirect connection
23 through the distribution system of another natural gas public
24 utility or through a natural gas gathering system.
25 "Steam heat utility." An entity producing, generating,
26 distributing or furnishing steam for the production of heat or
27 to or for the public for compensation.
28 "Wastewater utility." An entity owning or operating
29 equipment or facilities for the collection, treatment or
30 disposal of sewage to or for the public for compensation. The
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 1 term includes separate companies that individually provide water
2 or wastewater service so long as the separate companies are
3 wholly owned by a common parent company.
4 "Water and sewer authority in a city of the second class."
5 Shall have the same meaning as the term "authority" in section
6 3201 (relating to definitions).
7 "Water distribution utility." An entity owning or operating
8 equipment or facilities for diverting, developing, pumping,
9 impounding, distributing or furnishing water to or for the
10 public for compensation.
11 § 1404. Cash deposits and household information requirements.
12 * * *
13 (d) Adult occupants.--Prior to providing utility service, a
14 public utility may require the applicant to provide the names of
15 each adult occupant at least 18 years of age and each
16 emancipated minor residing at the location and proof of their
17 identity.
18 * * *
19 § 1405. Payment arrangements.
20 (a) General rule.--The commission is authorized to
21 investigate complaints regarding payment disputes between a
22 public utility, applicants and customers. The commission is
23 authorized to establish payment arrangements between a public
24 utility, customers and applicants within the limits established
25 by this chapter. The request for a payment arrangement is
26 properly viewed as a request for an initial payment arrangement
27 if a previous payment arrangement has been completed as a result
28 of the customer making payments sufficient to retire the entire
29 balance that was the subject of that payment arrangement.
30 (b) Length of payment arrangements.--The length of time for
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 1 a customer to resolve an unpaid balance on an account that is
2 subject to a payment arrangement that is investigated by the
3 commission and is entered into by a public utility and a
4 customer shall not extend beyond:
5 (1) [Five] Six years for customers with a gross monthly
6 household income level not exceeding 150% of the Federal
7 poverty level.
8 (2) [Three] Four years for customers with a gross
9 monthly household income level exceeding 150% and not more
10 than 250% of the Federal poverty level.
11 (3) [One year] Two years for customers with a gross
12 monthly household income level exceeding 250% of the Federal
13 poverty level and not more than 300% of the Federal poverty
14 level.
15 (4) [Six months] One year for customers with a gross
16 monthly household income level exceeding 300% of the Federal
17 poverty level.
18 * * *
19 Section 3. Sections 1406(b)(1)(i), (iii) and (iv), (c)(1)
20 (iii) and (v), (e)(2)(i) and (ii), (f), (g) and (h)(1)
21 introductory paragraph and (iii) and 1407(b) introductory
22 paragraph, (c)(2)(i) and (3) and (e) of Title 66 are amended and
23 the sections are amended by adding subsections to read:
24 § 1406. Termination of utility service.
25 * * *
26 (b) Notice of termination of service.--
27 (1) Prior to terminating service under subsection (a), a
28 public utility:
29 (i) Shall provide written notice of the termination
30 to the customer at least [ten] 14 days prior to the date
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 1 of the proposed termination. The termination notice shall
2 remain effective for [60] 70 days. The written notice
3 shall be mailed by first class mail to the customer and
4 provided by electronic means if the customer
5 affirmatively consents to receive electronic notice of
6 termination and if the public utility has the capability
7 to provide electronic notification. Electronic notice of
8 termination shall mean by either email, text or both if
9 both are provided to the utility with appropriate
10 consent.
11 * * *
12 (iii) During the months of December through March,
13 unless personal contact has been made with the customer
14 or responsible adult at least 18 years of age or an
15 emancipated minor by personally visiting the customer's
16 residence, the public utility shall, within 48 hours of
17 the scheduled date of termination, post a notice of the
18 proposed termination at the service location in a
19 conspicuous location.
20 (iv) After complying with [paragraphs] subparagraphs
21 (i), (ii) and (iii), the public utility shall [attempt to
22 make personal contact with the customer or responsible
23 adult], at the time service is terminated, post a notice
24 of termination in a conspicuous location at the service
25 location. Termination of service shall not be delayed for
26 failure to make personal contact.
27 * * *
28 (c) Grounds for immediate termination.--
29 (1) A public utility ma