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PRINTER'S NO. 365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No. 33
Session of
2025
INTRODUCED BY BROOKS, COMITTA AND SCHWANK, MARCH 10, 2025
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
MARCH 10, 2025
A RESOLUTION
Directing the Joint State Government Commission to conduct a
study on the public water and wastewater system acquisitions
since Act 12 of 2016 was enacted, including the rate
increases for the water and wastewater systems before and
after the acquisitions, and issue a report of its findings
and recommendations to the Senate.
WHEREAS, Act 12 of 2016 amended Title 66 of the Pennsylvania
Consolidated Statutes and provided for valuation of acquired
water and wastewater systems for ratemaking purposes; and
WHEREAS, According to the Pennsylvania Public Utility
Commission, since Act 12 of 2016 was enacted, there have been
more than 20 sales of public water or wastewater systems to
private companies initiated; and
WHEREAS, As most water and wastewater system ratepayers do
not have a choice as to what system services them, the General
Assembly needs to ensure transparency in the outcome of Act 12
of 2016 and protection of the ratepayers; and
WHEREAS, A study released in March 2022 and published in the
official journal of the World Water Council concluded that in
the United States "among the largest 500 water systems...,
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private ownership results in higher water prices and less
affordability, after controlling for all other factors" and that
"results show that the average annual water bill is $144 higher
in the privately owned water systems than in the publicly owned
water systems"; and
WHEREAS, The intent of this resolution is for the Joint State
Government Commission to further collect data for a review of
policies to ensure acquisitions after Act 12 of 2016 was enacted
are transparent and fair to ratepayers; therefore be it
RESOLVED, That the Senate direct the Joint State Government
Commission to conduct a study on the public water and wastewater
system acquisitions since Act 12 of 2016 was enacted, including
the rate increases for the water and wastewater systems before
and after the acquisitions, and issue a report of its findings
and recommendations to the Senate; and be it further
RESOLVED, That the study include all of the following, using
the most recent data available, regarding every water or
wastewater system acquisition that has taken place in
Pennsylvania since Act 12 of 2016 was enacted:
(1) The rate paid by ratepayers for services for the
five years prior to the acquisition of the system.
(2) The number of rate increase requests, approvals and
amounts within five years prior of the acquisition of the
system, the amount of the request, the amount approved and
for what the money from the rate increase was being used.
(3) The rate paid by ratepayers for services for every
year after the acquisition of the system, to the date of the
study.
(4) The number of rate increase requests, approvals and
amounts from the date of the acquisition of the system to the
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date of the study, the amount of the request, the amount
approved and for what the money from the rate increase was
being used.
(5) A summary of any public comment or input to the
Pennsylvania Public Utility Commission relating to the
acquisition of the system, including the name of the person
that submitted the public comment, the person's geographic
location and the reasons the person did or did not support
the rate increase.
(6) The name of the owner of the system prior to the
acquisition of the system and the name of the owner after the
acquisition of the system.
(7) The poverty level in the geographic location the
system serves.
(8) The average income, per household, in the geographic
location the system serves.
(9) Any State grant or loan approved and utilized by a
system within two years prior to the acquisition of the
system after the enactment of Act 12 of 2016 that had a rate
increase approved, including the amount of the grant or loan,
for what the funding was used and the date and amount of the
rate increase after acquisition of the system.
(10) Any investments made into a system to resolve
safety, operational or environmental deficiencies for any
system acquired after the enactment of Act 12 of 2016,
including the amount and the work performed.
(11) Analysis of how other states allow water and
wastewater systems to be sold.
(12) Consideration of any other factors that enables the
General Assembly to evaluate the outcomes and acquisition
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structure prior to and following the enactment of Act 12 of
2016 and evaluate policies and determine how to ensure that
acquisitions after the enactment of Act 12 of 2016 are
transparent and fair to ratepayers;
and be it further
RESOLVED, That the Joint State Government Commission issue a
report of its findings, including any statutory or regulatory
recommendations, to the Senate within 12 months of the adoption
of this resolution.
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