An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for responsible utility customer protection.

PRIOR PRINTER'S NO. 3028 PRINTER'S NO. 3196
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2333
Session of
2026
INTRODUCED BY MADSEN, MATZIE, PROBST, PASHINSKI, BURGOS,
FLEMING, GUZMAN, MERSKI, HANBIDGE, DELLOSO, MAYES, K. HARRIS,
CEPEDA-FREYTIZ, TIBURCIO, SANCHEZ, GREEN AND SALISBURY,
MARCH 19, 2026
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
APRIL 14, 2026
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, providing for responsible utility
customer protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 66 of the Pennsylvania Consolidated
Statutes is amended by adding a chapter to read:
CHAPTER 14-A
RESPONSIBLE UTILITY CUSTOMER PROTECTION
Sec.
1401-A. Scope of chapter.
1402-A. Declaration of policy.
1403-A. Definitions.
1404-A. Cash deposits and household information requirements.
1404.1-A. Security deposits.
1405-A. Payment arrangements.
1406-A. Termination of utility service.
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1407-A. Reconnection of service.
1408-A. Surcharges for uncollectible expenses.
1409-A. Late payment charge waiver.
1410-A. Complaints filed with commission.
1410.1-A. Public utility duties.
1411-A. Automatic meter readings.
1412-A. Reporting of delinquent customers. (RESERVED).
1413-A. Reporting of recipients of public assistance.
1414-A. Liens by city natural gas distribution operations.
1415-A. Reporting to General Assembly and Governor.
1416-A. Notice.
1417-A. Nonapplicability.
1418-A. Construction.
1419-A. Expiration.
§ 1401-A. Scope of chapter.
This chapter relates to protecting responsible customers of
public utilities.
§ 1402-A. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Formal service rules were first adopted by the
Pennsylvania Public Utility Commission in 1978 with the
stated goal of enforcing uniform, fair and equitable
residential utility service standards governing eligibility
criteria, credit and deposit practices, account billing,
termination and restoration of service procedures and
customer complaint procedures. These rules have not
successfully managed the issue of bill payment. Increasing
amounts of unpaid bills now threaten paying customers with
higher rates due to other customers' delinquencies.
(2) It is now time to revisit these rules and provide
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protections against rate increases for timely paying
customers resulting from other customers' delinquencies.
Greater equity can be achieved by eliminating opportunities
for customers capable of paying to avoid the timely payment
of public utility bills.
(3) This chapter provides public utilities with an
equitable means to reduce their uncollectible accounts by
modifying the procedures for delinquent account collections
and by increasing timely collections. At the same time,
service should remain available to all customers on
reasonable terms and conditions.
(4) It is appropriate to provide additional collection
tools to city natural gas distribution operations to
recognize the financial circumstances of the operations and
protect their ability to provide natural gas for the benefit
of the residents of the city.
(5) It is appropriate to recognize the applicability of
this chapter to a water and sewer authority in a city of the
second class.
§ 1403-A. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." An individual who is at least 18 years of age
or an emancipated minor, who is not currently receiving service
and who applies for residential service provided by a public
utility or any adult occupant whose name appears on the
mortgage, deed or lease as specified under section 202 of the
act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951, of the property for which the residential
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public utility service is requested. The term does not include
an individual who, not later than 30 days after service
termination or discontinuance of service, seeks to have service
reconnected at the same location or transferred to another
location within the service territory of the public utility.
"Change in income." A decrease in household income of:
(1) 10% or more if the customer's household income level
exceeds 300% of the Federal poverty level; or
(2) 5% or more if the customer's household income level
is below 300% of the Federal poverty level.
"Creditworthiness." An assessment of an applicant's or
customer's ability to meet bill payment obligations for utility
service.
"Customer." An individual who is at least 18 years of age or
an emancipated minor whose name a residential service account is
listed and who is primarily responsible for payment of bills
rendered for the service or any adult occupant whose name
appears on the mortgage, deed or lease as specified under
section 202 of The Landlord and Tenant Act of 1951, of the
property for which the residential utility service is requested.
The term includes an individual who, not later than 30 days
after service termination or discontinuance of service, seeks to
have service reconnected at the same location or transferred to
another location within the service territory of the public
utility.
"Customer assistance program." A plan or program sponsored
by a public utility for the purpose of providing universal
service and energy conservation, as defined by section 2202
(relating to definitions) or 2803 (relating to definitions), or
other assistance programs offered by a public utility, including
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a water distribution utility or wastewater utility, in which
customers make monthly payments based on household income and
household size and under which customers must comply with
certain responsibilities and restrictions in order to remain
eligible for the program.
"Electric distribution utility." The term shall have the
same meaning as the term "electric distribution company" under
section 2803.
"Formal complaint." A complaint filed with the commission
requesting a legal proceeding before a commission administrative
law judge or a mediation under the management of a commission
administrative law judge.
"Household income." The combined gross income of all adults
at least 18 years of age and emancipated minors in a residential
household who benefit from the public utility service, excluding
earned and unearned income received by household members who are
younger than 18 years of age and not emancipated.
"Informal complaint." A complaint filed with the commission
by a customer that does not involve a legal proceeding before a
commission administrative law judge or a mediation under the
management of a commission administrative law judge.
"LIHEAP" or "Low Income Home Energy Assistance Program." A
federally funded program authorized by 42 U.S.C. §§ 862 1
(relating to home energy grants), 8622 (relating to
definitions), 8623 (relating to state allotments), 8624
(relating to applications and requirements), 8625 (relating to
nondiscrimination provisions), 8626 (relating to payments to
States; fiscal year requirements respecting availability, etc.),
8627 (relating to withholding of funds), 8628 (relating to
limitation on use of grants for construction), 8629 (relating to
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studies and reports) and 8630 (relating to renewable fuels) that
provides financial assistance in the form of cash and crisis
grants to low-income households for home energy bills and is
administered by the Department of Human Services.
"Medical certificate." A written document, in a form
approved by the commission:
(1) certifying that a customer or member of the
customer's household is seriously ill or has been diagnosed
with a medical condition requiring the continuation of
service to treat the medical condition; and
(2) signed by a licensed physician, nurse practitioner
or physician's assistant. For the purposes of this paragraph,
a medical certificate may be renewed by a registered nurse if
previously signed by a licensed physician, nurse practitioner
or physician's assistant and attested to by the registered
nurse.
"Natural gas distribution service." The term shall mean the
same as defined under section 2202.
"Natural gas distribution utility." The term shall have the
same meaning as the term "natural gas distribution company" as
defined under section 2202.
"Natural gas supply services." The term shall mean the same
as defined under section 2202.
"Occupant." (Reserved).
"Payment arrangement." An agreement in which a customer or
applicant, who admits liability for billed service, is permitted
to amortize or pay the unpaid balance of the account in one or
more payments.
"Public utility." An electric distribution utility, natural
gas distribution utility, small natural gas distribution
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utility, steam heat utility, wastewater utility or water
distribution utility in this Commonwealth that is within the
jurisdiction of the commission. The term includes a city natural
gas distribution operation and a water and sewer authority in a
city of the second class.
"Significant change in circumstance." Any of the following
criteria if verified by a public utility and experienced by a
customer with household income less than 300% of the Federal
poverty level:
(1) Change in income.
(2) The onset of a chronic or acute illness.
(3) Damage to the customer's residence resulting in a
significant net cost to the customer's household.
(4) Loss of the customer's residence.
(5) Increase in the customer's number of dependents in
the household.
(6) Any other circumstance to be considered in the
commission's discretion, including a change in employment
status, death, injury, divorce, separation or other
substantial hardship.
"Small natural gas distribution utility." A public utility
providing natural gas distribution services subject to the
jurisdiction of the commission that:
(1) has annual gas operating revenues of less than
$6,000,000 per year; or
(2) is not connected to an interstate gas pipeline by
means of a direct connection or an indirect connection
through the distribution system of another natural gas public
utility or through a natural gas gathering system.
"Steam heat utility." An entity producing, generating,
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distributing or furnishing steam for the production of heat or
to or for the public for compensation.
"Wastewater utility." An entity owning or operating
equipment or facilities for the collection, treatment or
disposal of sewage to or for the public for compensation. The
term includes a separate company that individually provides
water or wastewater service if the separate company is wholly
owned by a common parent company.
"Water distribution utility." An entity owning or operating
equipment or facilities for diverting, developing, pumping,
impounding, distributing or furnishing water to or for the
public for compensation.
§ 1404-A. Cash deposits and household information requirements.
(a) Cash deposits.--Except as provided under section 1404.1-
A (relating to security deposits), the commission may not
prohibit a public utility from requiring a cash deposit, payable
during a 90-day period in accordance with commission
regulations, in an amount that is equal to one-twelfth of the
applicant's estimated annual bill, at the time the public
utility determines a deposit is required, from the following:
(1) An applicant who previously received utility
distribution services and was a customer of the public
utility and whose service was terminated for any of the
following reasons:
(i) Nonpayment of an undisputed delinquent account.
(ii) Failure to complete payment of a deposit,
provide a guarantee or establish credit.
(iii) Failure to permit access to meters, service
connections or other property of the public utility for
the purpose of replacement, maintenance, repair or meter
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reading.
(iv) Unauthorized use of the utility service
delivered on or about the affected dwelling.
(v) Failure to comply with the material terms of a
settlement or payment arrangement.
(vi) Fraud or material misrepresentation of identity
for the purpose of obtaining utility service.
(vii) Tampering with meters, including bypassing a
meter or removal of an automatic meter reading device or
other public utility equipment.
(viii) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the delivery system of the public
utility.
(2) An applicant or customer who is unable to establish
creditworthiness to the satisfaction of the public utility
through the use of a generally accepted credit scoring
methodology, as provided in a commission-approved tariff,
that employs standards for using the methodology that fall
within the range of general industry practice.
(3) A customer who fails to comply with a material term
or condition of a settlement or payment arrangement.
(b) Third-party guarantor.--Nothing in this section shall be
construed to preclude an applicant from furnishing a third-party
guarantor in lieu of a cash deposit. The guaranty shall be in
writing and state the terms of the guaranty. The guarantor shall
be responsible for all missed payments owed to the public
utility.
(c) Deposit hold period.--
(1) A public utility may hold a deposit until a timely
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payment history is established. If, after collection of a
deposit, a public utility obtains information indicating that
a cash deposit is prohibited under Section 1404.1-A, the
public utility shall return the deposit to the customer or
applicant by the next billing cycle, including any interest
accrued on the deposit subject to the provisions of paragraph
(3).
(2) A timely payment history is established when a
customer has paid in full and on time for at least 12
consecutive months.
(3) At the end of the deposit holding period as
established under paragraph (1), the public utility shall
deduct the outstanding balance from the deposit and return
or credit any positive difference to the customer. The
decision about whether the deposit is returned to the
customer or credited on the customer's account belongs to the
customer.
(4) If service is terminated before the end of the
deposit holding period as established under paragraph (1),
the public utility shall deduct the outstanding balance from
the deposit and return any positive difference to the
customer not later than 60 days after the termination.
(5) If a customer becomes delinquent before the end of
the deposit holding period as established under paragraph
(1), the public utility may deduct the outstanding balance
from the deposit.
(6) The public utility shall accrue interest on the
deposit until it is returned or credited as follows:
(i) Interest shall be computed at the simple annual
interest rate determined by the Secretary of Revenue for
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interest on the underpayment of tax under section 806 of
the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code.
(ii) The interest rate in effect when deposit is
required to be paid shall remain in effect until the
later of:
(A) the date the deposit is refunded or
credited; or
(B) December 31.
(iii) On January 1 of each year, the new interest
rate for that year shall apply to the deposit.
(d) Adult occupants.--Prior to providing utility service, a
public utility may require the applicant to provide the names of
each adult occupant residing at the location and proof of their
identity.
(e) Failure to pay full amount of cash deposit.--A public
utility is not required to provide service to an applicant or
customer if the applicant or customer fails to pay the full
amount of the cash deposit within the time period under
subsection (a).
(f) City natural gas distribution operation and additional
deposit rules for city natural gas distribution operations.--
Except for an applicant who is subject to a deposit under
subsection (a), a city natural gas distribution operation may
require a deposit from an applicant as follows:
(1) if the applicant has household income above 300% of
the Federal poverty level, one-sixth of the applicant's
estimated annual bill shall be paid in full at the time the
city natural gas distribution operation determines a deposit
is required; or
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(2) if the applicant has household income no greater
than 300% of the Federal poverty level, one-twelfth of the
applicant's estimated annual bill shall be paid in full at
the time the city natural gas distribution operation
determines a deposit is required. This paragraph does not
apply if the applicant enrolls into the customer assistance
program made available by the city natural gas distribution
operation.
(g) Estimated annual bill.--For purposes of this section, an
estimated annual bill shall be calculated on the basis of the
annual bill to the dwelling at which service is being requested
for the prior 12 months or, if unavailable, a similar dwelling
in close proximity.
(h) Time for paying deposits upon reconnection.--An
applicant or customer required to pay a deposit upon
reconnection under subsection (a)(1) shall have up to 90 days to
pay the deposit in accordance with commission regulations.
§ 1404.1-A. Security deposits.
Notwithstanding any other provision of law or commission
regulation, a public utility may not require a cash deposit as a
condition for an applicant or customer to obtain or continue
public utility service if the household income of the applicant
or customer is at or below 300% of the Federal poverty level.
§ 1405-A. Payment arrangements.
(a) Commission authorized.--The commission may investigate
complaints regarding payment disputes between a public utility,
applicants and customers. The commission may establish payment
arrangements between a public utility, customers and applicants
within the limits established by this chapter.
(b) Length of payment arrangements.--Except as provided
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under subsection (b.1), the length of time for a customer to
resolve an unpaid balance on an account that is subject to a
payment arrangement that is investigated by the commission and
is entered into by a public utility and a customer may not
extend beyond:
(1) Six years, if the customer has a gross monthly
household income level not exceeding 150% of the Federal
poverty level.
(2) Four years, if the customer has a gross monthly
household income level exceeding 150% and not more than 250%
of the Federal poverty level.
(3) Two years, if the customer has a gross monthly
household income level exceeding 250% of the Federal poverty
level and not more than 300% of the Federal poverty level.
(4) One year, if the customer has a gross monthly
household income level exceeding 300% of the Federal poverty
level.
(b.1) Alternative payment arrangement.--If a customer's
income level is not more than 300% of the Federal poverty level
and the customer's monthly payment would exceed 20% of the
customer's average monthly bill based on the length of the
payment arrangement for the customer under subsection (b), the
commission shall extend the length of the payment arrangement
for the customer so that the monthly payment does not exceed 20%
of the customer's average monthly bill, not to exceed two times
the length of the payment arrangement for the customer under
subsection (b).
(c) Customer assistance programs.--
(1) Customer assistance program rates shall be timely
paid and are not subject to commission-issued payment
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arrangements while the customer is enrolled in a customer
assistance program. The commission may issue a payment
arrangement if a customer is not enrolled in a customer
assistance program even if the customer has arrears incurred
while in the customer assistance program.
(2) Nothing in this subsection shall be construed to
prohibit a public utility from entering a payment arrangement
for a customer enrolled in a customer assistance program.
(3) This subsection shall not apply to arrearages
accrued at full residential tariff rates by a customer
enrolled in a customer assistance program.
(d) Number of payment arrangements.--
(1) Absent a change in income or a significant change in
circumstances, the commission may not establish or order a
public utility to establish a second or subsequent payment
arrangement if a customer has defaulted on a previous payment
arrangement established by a commission order or decision.
(2) A public utility shall enter into a subsequent
payment arrangement with a customer whose gross monthly
income is less than 300% of the Federal poverty level.
(3) A public utility may, at its discretion, enter into
a second or subsequent payment arrangement with a customer.
(e) Extension of payment arrangements.--If the customer
defaults on a payment arrangement established under subsections
(a) and (b) as a result of a significant change in circumstance,
the commission may reinstate the payment arrangement and extend
the remaining term for an initial period of six months. The
initial extension period may be extended for an additional six
months for good cause shown.
(f) Failure to comply with payment arrangement.--Failure of
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a customer to comply with the terms of a payment arrangement
shall be grounds for a public utility to terminate the
customer's service. Pending the outcome of a complaint filed
with the commission, the customer shall be obligated to pay that
portion of the bill that is not in dispute and subsequent bills
that are not in dispute.
§ 1406-A. Termination of utility service.
(a) Authorized termination.--A public utility may notify a
customer and terminate service provided to a customer after
notice as provided in subsection (b) for any of the following
actions by the customer:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to comply with the material terms of a
payment arrangement.
(3) Failure to complete payment of a deposit, provide a
guarantee of payment or establish credit.
(4) Failure to permit access to meters, service
connections or other property of the public utility for the
purpose of replacement, maintenance, repair or meter reading.
(b) Notice of termination of service.--
(1) Prior to terminating service under subsection (a), a
public utility shall:
(i) Provide written notice of the termination to the
customer at least 20 days prior to the date of the
proposed termination. The termination notice shall remain
effective for 70 days. The public utility shall mail the
written termination notice via first class mail to the
customer and provide the termination notice by electronic
means if the customer affirmatively and appropriately
consents to receive the termination notice by electronic
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means and the public utility has the capability to
provide the termination notice by electronic means. The
public utility may provide the termination notice by
electronic means by either email or text message or both
email and text message if the customer affirmatively and
appropriately consents.
(ii) Attempt to contact the customer or occupant to
provide notice of the proposed termination at least three
days prior to the scheduled termination, using one or
more of the following methods:
(A) In person.
(B) By telephone. Phone contact shall be deemed
complete upon attempted calls on two separate days to
the residence between the hours of 8 a.m. and 9 p.m.
if the calls are made at various times each day. The
public utility shall biannually update customer
contact information and preferences for telephone
notification under this clause.
(C) By email, text message or other electronic
messaging format consistent with the commission's
privacy guidelines and approved by commission order.
The public utility shall biannually update customer
contact information and preferences for electronic
notification under this clause. In the case of
electronic notification only, the customer must
affirmatively consent to be contacted using a
specific electronic messaging format for purpose of
termination.
(iii) During the months of December through March,
unless personal contact has been made with the customer
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or responsible adult who is at least 18 years of age or
an emancipated minor by personally visiting the
customer's residence, within 48 hours of the scheduled
date of termination, post a notice of the proposed
termination at the service location in a conspicuous
location.
(iv) After complying with subparagraphs (ii) and
(iii), at the time service is terminated, post the
termination notice at the service location in a
conspicuous location. Termination of service may not be
delayed for failure to make personal contact.
(2) The commission may not require the public utility to
take any additional actions prior to termination.
(c) Grounds for immediate termination.--
(1) A public utility may immediately terminate service
for any of the following actions by the customer:
(i) Unauthorized use of the service delivered on or
about the affected dwelling.
(ii) Fraud or material misrepresentation of the
customer's identity for the purpose of obtaining service.
(iii) Tampering with meters or other public utility
equipment.
(iv) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the public utility's delivery system.
(v) Tendering payment for reconnection of service
that is subsequently dishonored, revoked, canceled or
otherwise not authorized under subsection (h) and that
has not been cured or otherwise made full payment within
three business days of the public utility's notice to the
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customer, made in accordance with the notice provisions
of subsection (b)(1)(ii), of the dishonored payment.
(2) Upon termination, the public utility shall make a
good faith attempt to provide a post-termination notice to
the customer or a responsible person at the affected
premises, and, in the case of a single meter, multiunit
dwelling, the public utility shall conspicuously post the
notice at the dwelling, including in common areas if
possible.
(d) Timing of termination.--Notwithstanding the provisions
of section 1503 (relating to discontinuance of service), a
public utility may terminate service for the reasons under
subsection (a) from Monday through Thursday as long as the
public utility is able to accept payment to restore service on
the following day and restore service consistent with section
1407-A (relating to reconnection of service). A public utility
may not terminate service on a Friday, a Federal or State
holiday or the business day immediately preceding a Federal or
State holiday.
(e) Winter EXTREME WEATHER termination.--
(1) Unless otherwise authorized by the commission, after
November 30 and before April 1, a public utility may not
terminate service to customers with household incomes at or
below 250% of the Federal poverty level except for customers
whose actions conform to subsection (c)(1). The commission
may not prohibit a public utility from terminating service in
accordance with this section to customers with household
incomes exceeding 250% of the Federal poverty level.
(2) In addition to the winter EXTREME WEATHER
termination authority under paragraph (1) OR (4) , a city
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natural gas distribution operation may terminate service to a
customer whose household income exceeds 150% of the Federal
poverty level but does not exceed 250% of the Federal poverty
level, and starting January 1, has not paid at least 50% of
the charges for each of the prior two months, unless the
customer has:
(i) proven in accordance with commission rules that
the household contains one or more persons who are 65
years of age or over;
(ii) proven in accordance with commission rules that
the household contains one or more persons 12 years of
age or younger;
(iii) obtained a medical certification in accordance
with commission rules; or
(iv) paid to the city natural gas distribution
operation an amount representing at least 15% of the
customer's monthly household income for each of the last
two months.
(3) At the time that the notice of termination required
by subsection (b)(1)(i) is provided to the customer, the city
natural gas distribution operation shall provide notice to
the commission. The commission may not stay the termination
of service unless the commission finds that the customer
satisfies paragraph (2).
(4) UNLESS OTHERWISE AUTHORIZED BY THE COMMISSION, AFTER
JUNE 30 AND BEFORE SEPTEMBER 1, A PUBLIC UTILITY MAY NOT
TERMINATE ELECTRIC SERVICE TO CUSTOMERS WITH HOUSEHOLD
INCOMES AT OR BELOW 250% OF THE FEDERAL POVERTY LEVEL EXCEPT
FOR CUSTOMERS WHOSE ACTIONS CONFORM TO SUBSECTION (C)(1). THE
COMMISSION MAY NOT PROHIBIT A PUBLIC UTILITY FROM TERMINATING
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ELECTRIC SERVICE IN ACCORDANCE WITH THIS SECTION TO CUSTOMERS
WITH HOUSEHOLD INCOMES EXCEEDING 250% OF THE FEDERAL POVERTY
LEVEL.
(5) UNLESS OTHERWISE AUTHORIZED BY THE COMMISSION, A
PUBLIC UTILITY MAY NOT TERMINATE SERVICE TO A CUSTOMER IN A
COUNTY ON A DAY FOR WHICH THE NATIONAL WEATHER SERVICE HAS
ISSUED A WINTER STORM WARNING, EXTREME COLD WARNING, FREEZE
WARNING, COLD WEATHER ADVISORY, EXTREME HEAT WATCH, EXTREME
HEAT WARNING, HEAT ADVISORY OR A SIMILAR TEMPERATURE-BASED
WARNING FOR THE COUNTY.
(6) UNLESS OTHERWISE AUTHORIZED BY THE COMMISSION, A
PUBLIC UTILITY MAY NOT TERMINATE SERVICE TO A CUSTOMER WHO IS
OTHERWISE ELIGIBLE FOR LIHEAP DURING A FEDERAL GOVERNMENT
SHUTDOWN THAT DELAYS THE ANTICIPATED DISBURSEMENT OF LIHEAP
FUNDING.
(f) Medical certification.--A public utility may not
terminate service to a premises when a customer has submitted a
medical certificate to the public utility. The customer must
obtain a medical certificate verifying the condition and
promptly forward it to the public utility. The medical
certification procedure shall be implemented in accordance with
commission regulations and:
(1) Service may not be terminated for the time period
specified in a medical certification. The maximum length of a
medical certification shall be 60 days.
(2) A medical certification may be renewed in the same
manner and for the same time period in accordance with this
subsection in accordance with the policy of the commission.
(g) Qualification for utility assistance.--A notice of
termination to a customer of a public utility shall be
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sufficient proof of a crisis for a customer with the requisite
income level to receive a LIHEAP crisis grant or utility
assistance from the Department of Human Services or its designee
as soon as practicable after the date of the notice. Termination
of service is not necessary to demonstrate sufficient proof of
crisis.
(h) Dishonorable tender of payment after receiving
termination notice.--
(1) After a public utility has provided a written
termination notice under subsection (b)(1)(i), attempted
contact as provided in subsection (b)(1)(ii) and posted the
termination notice at the service location in a conspicuous
location as provided for under subsection (b)(1)(iv),
termination of service may proceed without additional notice
if:
(i) the customer tenders payment that is
subsequently dishonored under 13 Pa.C.S. § 3502 (relating
to dishonor);
(ii) the customer tenders payment with an access
device, as defined in 18 Pa.C.S. § 4106(d) (relating to
access device fraud), that is unauthorized, revoked or
canceled; or
(iii) the customer tenders payment electronically
that is subsequently dishonored, revoked, canceled or is
otherwise not authorized and that has not been cured or
otherwise made full payment within three business days of
the public utility's notice to the customer, made in
accordance with the notice provisions of subsection (b)
(1)(ii), of the dishonored payment.
(2) The commission may not require the public utility to
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take any additional actions prior to the termination.
(i) Language access.--
(1) A public utility shall provide a written notice of
termination to a customer under this section in English and
Spanish.
(2) A public utility shall post a fully translated copy
of a written notice of termination under this section and a
description of the public utility's termination process in
English and Spanish, along with the five most commonly spoken
languages in the public utility's service territory, in a
conspicuous location on the public utility's publicly
accessible Internet website.
§ 1407-A. Reconnection of service.
(a) Fee.--
(1) Except as provided under paragraph (1) or (2), a
public utility may require a reconnection fee based upon the
public utility's cost as approved by the commission prior to
reconnection of service following lawful termination of the
service. A public utility shall inform applicants and
customers of the prohibition on reconnection fees specified
in this subsection at the time a reconnection fee is assessed
and provide the household with the opportunity to demonstrate
that they are exempt under this provision.
(2) If a customer's income level is at or below 250% of
the Federal poverty level, the public utility may not require
payment of reconnection fees as a condition of reconnection.
(3) If a customer's income level is above 250% but below
400% of the Federal poverty level, the reconnection fee shall
be included in the customer's arrearages.
(b) Timing.--If service to a dwelling has been terminated
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and provided the customer or applicant has met all applicable
conditions, the public utility shall reconnect service as
follows:
(1) Within 24 hours for erroneous terminations or upon
receipt by the public utility of a valid medical
certification.
(2) Within 24 hours for terminations occurring after
November 30 and before April 1.
(3) WITHIN 24 HOURS FOR TERMINATIONS OCCURRING AFTER
JUNE 30 AND BEFORE SEPTEMBER 1 IN VIOLATION OF SECTION 1406-
A(E)(4) (RELATING TO TERMINATION OF UTILITY SERVICE) OR
TERMINATIONS OCCURRING IN VIOLATION OF SECTION 1406-A(E)(5)
OR (6).
(3) (4) Within three days for erroneous terminations
requiring street or sidewalk digging.
(4) (5) Within three days from April 1 to November 30
for proper terminations.
(5) (6) Within seven days for proper terminations
requiring street or sidewalk digging.
(c) Payment to restore service.--
(1) A public utility shall provide for and inform the
customer or applicant of a location where the customer may
make payment to restore service.
(2) A public utility may require:
(i) Full payment of any outstanding balance incurred
together with any reconnection fees by the customer or
applicant prior to reconnection of service if the
customer or applicant has an income exceeding 300% of the
Federal poverty level or has defaulted on two or more
payment arrangements. If a customer or applicant with
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household income exceeding 300% of the Federal poverty
level experiences a significant change of circumstances,
the customer shall be permitted a period of not more than
three months to pay the outstanding balance required for
reconnection.
(ii) Repayment over 12 months of any outstanding
balance incurred by the customer or applicant if the
customer or applicant has an income exceeding 150% of the
Federal poverty level but not greater than 300% of the
Federal poverty level.
(iii) Full payment of any reconnection fees together
with payment over 24 months of any outstanding balance
incurred by the customer or applicant if the customer or
applicant has an income not exceeding 150% of the Federal
poverty level. A customer or applicant of a city natural
gas distribution operation whose household income does
not exceed 135% of the Federal poverty level shall be
reinstated according to this subsection only if the
customer or applicant enrolls in the customer assistance
program of the city natural gas distribution operation,
except that this requirement does not apply if the
financial benefits to the customer or applicant are
greater if served outside of the assistance program.
(iv) A customer or applicant who is eligible for the
public utility's customer assistance program shall be
permitted to reconnect to services through enrollment in
the public utility's customer assistance program, without
any up-front payment of arrears.
(3) Payment tendered by a customer to reconnect service
that is subsequently dishonored, revoked, canceled or is
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otherwise not authorized under section 1406-A(h)(1) (relating
to termination of utility service) and has not been cured or
otherwise made full payment within three business days of the
public utility's notice to the customer or applicant, made in
accordance with the notice provisions of section 1406-A(b)(1)
(ii), of the dishonored payment is grounds for immediate
termination under section 1406-A(c). A public utility may
require a customer or applicant to cure a dishonored payment,
as provided for in section 1406-A(h), as a condition of
entering into a payment agreement with the customer or
applicant for a remaining account balance.
(d) Payment of outstanding balance at premises.--A public
utility may require the payment of any outstanding balance or
portion of an outstanding balance if the applicant resided at
the property for which service is requested during the time the
outstanding balance accrued and for the time the applicant
resided there.
(e) Approval.--A public utility may establish that an
applicant previously resided at a property for which residential
service is requested through the use of mortgage, deed or lease
as specified under section 202 of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of 1951, a
commercially available consumer credit reporting service or
other methods approved as valid by the commission.
§ 1408-A. Surcharges for uncollectible expenses.
(a) Prohibition.--The commission may not grant or order for
a public utility a cash receipts reconciliation clause or
another automatic surcharge mechanism for uncollectible
expenses. An order by the commission entered after the effective
date of this subsection for a cash receipts reconciliation
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clause or other automatic surcharge for uncollectible expenses
shall be null and void.
(b) Construction.--Nothing in this section shall be
construed to affect any clause associated with universal service
and energy conservation.
§ 1409-A. Late payment charge waiver.
A public utility shall waive late payment charges on any
customer accounts if the charges were improperly assessed. The
commission may order a waiver of any late payment charges levied
by a public utility as a result of a delinquent account for
customers with a gross monthly household income not exceeding
150% of the Federal poverty level.
§ 1410-A. Complaints filed with commission.
The following apply to complaints filed with the commission:
(1) The commission shall accept formal and informal
complaints only from a customer or applicant who affirms that
the customer or applicant first made a good faith attempt to
contact the public utility for the purpose of resolving the
problem about which the customer or applicant wishes to file
a complaint. If the customer or applicant has not made a good
faith attempt to contact the public utility, the commission
shall direct the customer or applicant to the public utility.
(2) Pending the outcome of a formal or informal
complaint filed with the commission, the customer or
applicant shall pay that portion of the bill that is not in
dispute and subsequent bills that are not in dispute.
(3) For a formal complaint filing to be valid, the
customer or applicant must provide a statement attesting to
the truth as to the facts alleged in the complaint. All
testimony in formal complaint proceedings must be under oath.
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§ 1410.1-A. Public utility duties.
(a) Payment agreements.--A public utility shall take the
action described in subsection (b) if:
(1) a customer or applicant contacts the public utility
to make a payment agreement as required by section 1410-A
(relating to complaints filed with commission);
(2) the public utility has information that would
reasonably lead the public utility to conclude that a
customer or applicant is or was payment troubled; or
(3) the public utility receives information that a
customer's or applicant's household may qualify the customer
for a universal service and energy conservation program.
(b) Duties owed to customer or applicant.--The public
utility shall:
(1) Provide information about the public utility's
universal service programs, including a customer assistance
program.
(2) Refer the customer or applicant to the universal
service program administrator of the public utility to
determine eligibility for a program and to apply for
enrollment in a program.
(3) Have an affirmative responsibility to attempt to
collect payment on an overdue account.
(4) Report to the commission on an annual basis the
number of medical certificates and renewals submitted and
accepted in the service territory.
(c) Other duties.--The public utility shall:
(1) Screen a customer or applicant to determine if the
customer or applicant's household income is at or below 300%
of the Federal poverty level at the time service is
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established and on a biannual basis thereafter. The public
utility shall attempt to update the income information under
this paragraph at least once per year.
(2) Contact a customer or applicant with arrearages over
90 days past due to offer payment arrangements, referrals and
other resources for which the customer or applicant may be
eligible.
(3) Annually report to the commission residential
customer accounts that have accumulated $10,000 or more in
arrearages. Failure to make reasonable attempts to collect
payments on overdue accounts with arrearages in excess of
$10,000 may result in civil fines or other appropriate
sanctions by the commission.
§ 1411-A. Automatic meter readings.
All readings by an automatic meter reader device shall be
deemed actual readings for the purposes of this title. Upon a
customer request, the public utility shall secure an in-person
meter reading to confirm the accuracy of an automatic meter
reading device when a customer disconnects service or a new
service request is received. A public utility may charge a fee,
as provided in a commission-approved tariff.
§ 1412-A. Reporting of delinquent customers.
A city natural gas distribution operation shall report to the
Pennsylvania Intergovernmental Cooperation Authority established
pursuant to the act of June 5, 1991 (P.L.9, No.6), known as the
Pennsylvania Intergovernmental Cooperation Authority Act for
Cities of the First Class, an assisted city or corporate entity
of an assisted city, as those terms are defined in the
Pennsylvania Intergovernmental Cooperation Authority Act, that
has not paid in full for charges for service by the due dates
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stated on the bill or otherwise agreed upon.
§ 1412-A. (RESERVED).
§ 1413-A. Reporting of recipients of public assistance.
The Department of Human Services shall annually make
available to each public utility with a signed LIHEAP vendor
agreement a listing of recipients of LIHEAP or any other utility
assistance administered by the Department of Human Services. A
public utility may not use the listing for anything but
qualification and continued eligibility for a customer
assistance program or LIHEAP.
§ 1414-A. Liens by city natural gas distribution operations.
(a) Liens generally.--A city natural gas distribution
operation furnishing gas service to a property may impose or
assess a municipal claim against the property and file as liens
of record claims for unpaid natural gas distribution service and
other related costs, including natural gas supply services, in:
(1) the court of common pleas of the county in which the
property is situated; or
(2) if the claim for the unpaid natural gas distribution
service does not exceed the maximum amount over which the
Municipal Court of Philadelphia has jurisdiction, in the
Municipal Court of Philadelphia, pursuant to sections 3 and 9
of the act of May 16, 1923 (P.L.207, No.153), referred to as
the Municipal Claim and Tax Lien Law, and Chapter 22
(relating to natural gas competition).
(b) Residential field visit charge.--A city natural gas
distribution operation may charge a minimum fee of $10 for each
instance in which its representative is required to visit the
residence of a customer in the process of attempting to complete
required service termination steps.
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(c) Refusal of service.--The commission shall permit a city
natural gas distribution operation to refuse to provide service
to an applicant if the applicant has a pending lien or civil
judgment by the city natural gas distribution operation
outstanding against the applicant or against property owned in
whole or in part by the applicant, unless the applicant enters
into a payment arrangement for the payment of the amount
associated with the lien or judgment that remains outstanding at
the time of the application.
§ 1415-A. Reporting to General Assembly and Governor.
(a) Report.--No later than five years following the
effective date of this subsection and every five years
thereafter, the commission shall submit a report to the
Governor, the Chief Clerk of the House of Representatives and
the Secretary of the Senate reviewing the implementation of the
provisions of this chapter. The report shall include:
(1) The degree to which the chapter's requirements have
been successfully implemented.
(2) The effect upon the cash working capital or cash
flow, uncollectible levels and collections of the affected
public utilities.
(3) The level of access to public utility services by
residential customers, including low-income customers.
(4) The effect upon the level of consumer complaints and
mediations filed with and adjudicated by the commission.
(b) Data requirements.--Public utilities affected by this
chapter shall provide data required by the commission to
complete the report under subsection (a).
(c) Proposed changes.--In its recommendations, the
commission may also propose any legislative or other changes
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that the commission deems appropriate.
§ 1416-A. Notice.
Not later than 30 days after the effective date of this
section, public utilities affected by this chapter shall provide
notice to their customers explaining the changes to be
implemented.
§ 1417-A. Nonapplicability.
This chapter shall not apply to victims under a protection
from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to
protection from abuse), a court order issued by a court of
competent jurisdiction or a written certification from a
domestic violence counselor/advocate as defined under 23 Pa.C.S.
§ 6102 (relating to definitions) that provides clear evidence of
domestic violence against the applicant or customer.
§ 1418-A. Construction.
Nothing in this chapter shall be construed to affect any
rights or procedure under the act of November 26, 1978
(P.L.1255, No.299), known as the Utility Service Tenants Rights
Act, or the provisions of Subchapter B of Chapter 15 (relating
to discontinuance of service to leased premises).
§ 1419-A. Expiration.
This chapter shall expire December 31, 2036.
Section 2. This act shall take effect in 60 days.
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