HB 2333 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, providing for responsible utility customer protection.

PRINTER'S NO.   3028

                     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
        AND CEPEDA-FREYTIZ, MARCH 19, 2026

     REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND
        UTILITIES, MARCH 19, 2026


                                      AN ACT
 1   Amending Title 66 (Public Utilities) of the Pennsylvania
 2      Consolidated Statutes, providing for responsible utility
 3      customer protection.
 4      The General Assembly of the Commonwealth of Pennsylvania
 5   hereby enacts as follows:
 6      Section 1.    Title 66 of the Pennsylvania Consolidated
 7   Statutes is amended by adding a chapter to read:
 8                                 CHAPTER 14-A
 9                RESPONSIBLE UTILITY CUSTOMER PROTECTION
10   Sec.
11   1401-A.   Scope of chapter.
12   1402-A.   Declaration of policy.
13   1403-A.   Definitions.
14   1404-A.   Cash deposits and household information requirements.
15   1404.1-A. Security deposits.
16   1405-A.   Payment arrangements.
17   1406-A.   Termination of utility service.
 1   1407-A.    Reconnection of service.
 2   1408-A.    Surcharges for uncollectible expenses.
 3   1409-A.    Late payment charge waiver.
 4   1410-A.    Complaints filed with commission.
 5   1410.1-A. Public utility duties.
 6   1411-A.    Automatic meter readings.
 7   1412-A.    Reporting of delinquent customers.
 8   1413-A.    Reporting of recipients of public assistance.
 9   1414-A.    Liens by city natural gas distribution operations.
10   1415-A.    Reporting to General Assembly and Governor.
11   1416-A.    Notice.
12   1417-A.    Nonapplicability.
13   1418-A.    Construction.
14   1419-A.    Expiration.
15   § 1401-A.       Scope of chapter.
16      This chapter relates to protecting responsible customers of
17   public utilities.
18   § 1402-A.       Declaration of policy.
19      The General Assembly finds and declares as follows:
20             (1)    Formal service rules were first adopted by the
21      Pennsylvania Public Utility Commission in 1978 with the
22      stated goal of enforcing uniform, fair and equitable
23      residential utility service standards governing eligibility
24      criteria, credit and deposit practices, account billing,
25      termination and restoration of service procedures and
26      customer complaint procedures. These rules have not
27      successfully managed the issue of bill payment. Increasing
28      amounts of unpaid bills now threaten paying customers with
29      higher rates due to other customers' delinquencies.
30             (2)    It is now time to revisit these rules and provide

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 1      protections against rate increases for timely paying
 2      customers resulting from other customers' delinquencies.
 3      Greater equity can be achieved by eliminating opportunities
 4      for customers capable of paying to avoid the timely payment
 5      of public utility bills.
 6          (3)    This chapter provides public utilities with an
 7      equitable means to reduce their uncollectible accounts by
 8      modifying the procedures for delinquent account collections
 9      and by increasing timely collections. At the same time,
10      service should remain available to all customers on
11      reasonable terms and conditions.
12          (4)    It is appropriate to provide additional collection
13      tools to city natural gas distribution operations to
14      recognize the financial circumstances of the operations and
15      protect their ability to provide natural gas for the benefit
16      of the residents of the city.
17          (5)    It is appropriate to recognize the applicability of
18      this chapter to a water and sewer authority in a city of the
19      second class.
20   § 1403-A.    Definitions.
21      The following words and phrases when used in this chapter
22   shall have the meanings given to them in this section unless the
23   context clearly indicates otherwise:
24      "Applicant."    An individual who is at least 18 years of age
25   or an emancipated minor, who is not currently receiving service
26   and who applies for residential service provided by a public
27   utility or any adult occupant whose name appears on the
28   mortgage, deed or lease as specified under section 202 of the
29   act of April 6, 1951 (P.L.69, No.20), known as The Landlord and
30   Tenant Act of 1951, of the property for which the residential

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 1   public utility service is requested. The term does not include
 2   an individual who, not later than 30 days after service
 3   termination or discontinuance of service, seeks to have service
 4   reconnected at the same location or transferred to another
 5   location within the service territory of the public utility.
 6      "Change in income."   A decrease in household income of:
 7          (1)   10% or more if the customer's household income level
 8      exceeds 300% of the Federal poverty level; or
 9          (2)   5% or more if the customer's household income level
10      is below 300% of the Federal poverty level.
11      "Creditworthiness."   An assessment of an applicant's or
12   customer's ability to meet bill payment obligations for utility
13   service.
14      "Customer."   An individual who is at least 18 years of age or
15   an emancipated minor whose name a residential service account is
16   listed and who is primarily responsible for payment of bills
17   rendered for the service or any adult occupant whose name
18   appears on the mortgage, deed or lease as specified under
19   section 202 of The Landlord and Tenant Act of 1951, of the
20   property for which the residential utility service is requested.
21   The term includes an individual who, not later than 30 days
22   after service termination or discontinuance of service, seeks to
23   have service reconnected at the same location or transferred to
24   another location within the service territory of the public
25   utility.
26      "Customer assistance program."     A plan or program sponsored
27   by a public utility for the purpose of providing universal
28   service and energy conservation, as defined by section 2202
29   (relating to definitions) or 2803 (relating to definitions), or
30   other assistance programs offered by a public utility, including

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 1   a water distribution utility or wastewater utility, in which
 2   customers make monthly payments based on household income and
 3   household size and under which customers must comply with
 4   certain responsibilities and restrictions in order to remain
 5   eligible for the program.
 6      "Electric distribution utility."    The term shall have the
 7   same meaning as the term "electric distribution company" under
 8   section 2803.
 9      "Formal complaint."   A complaint filed with the commission
10   requesting a legal proceeding before a commission administrative
11   law judge or a mediation under the management of a commission
12   administrative law judge.
13      "Household income."   The combined gross income of all adults
14   at least 18 years of age and emancipated minors in a residential
15   household who benefit from the public utility service, excluding
16   earned and unearned income received by household members who are
17   younger than 18 years of age and not emancipated.
18      "Informal complaint."    A complaint filed with the commission
19   by a customer that does not involve a legal proceeding before a
20   commission administrative law judge or a mediation under the
21   management of a commission administrative law judge.
22      "LIHEAP" or "Low Income Home Energy Assistance Program."      A
23   federally funded program authorized by 42 U.S.C. §§ 862 1
24   (relating to home energy grants), 8622 (relating to
25   definitions), 8623 (relating to state allotments), 8624
26   (relating to applications and requirements), 8625 (relating to
27   nondiscrimination provisions), 8626 (relating to payments to
28   States; fiscal year requirements respecting availability, etc.),
29   8627 (relating to withholding of funds), 8628 (relating to
30   limitation on use of grants for construction), 8629 (relating to

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 1   studies and reports) and 8630 (relating to renewable fuels) that
 2   provides financial assistance in the form of cash and crisis
 3   grants to low-income households for home energy bills and is
 4   administered by the Department of Human Services.
 5      "Medical certificate."     A written document, in a form
 6   approved by the commission:
 7          (1)   certifying that a customer or member of the
 8      customer's household is seriously ill or has been diagnosed
 9      with a medical condition requiring the continuation of
10      service to treat the medical condition; and
11          (2)   signed by a licensed physician, nurse practitioner
12      or physician's assistant. For the purposes of this paragraph,
13      a medical certificate may be renewed by a registered nurse if
14      previously signed by a licensed physician, nurse practitioner
15      or physician's assistant and attested to by the registered
16      nurse.
17      "Natural gas distribution service."      The term shall mean the
18   same as defined under section 2202.
19      "Natural gas distribution utility."      The term shall have the
20   same meaning as the term "natural gas distribution company" as
21   defined under section 2202.
22      "Natural gas supply services."       The term shall mean the same
23   as defined under section 2202.
24      "Occupant."   (Reserved).
25      "Payment arrangement."     An agreement in which a customer or
26   applicant, who admits liability for billed service, is permitted
27   to amortize or pay the unpaid balance of the account in one or
28   more payments.
29      "Public utility."   An electric distribution utility, natural
30   gas distribution utility, small natural gas distribution

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 1   utility, steam heat utility, wastewater utility or water
 2   distribution utility in this Commonwealth that is within the
 3   jurisdiction of the commission. The term includes a city natural
 4   gas distribution operation and a water and sewer authority in a
 5   city of the second class.
 6      "Significant change in circumstance."    Any of the following
 7   criteria if verified by a public utility and experienced by a
 8   customer with household income less than 300% of the Federal
 9   poverty level:
10          (1)   Change in income.
11          (2)   The onset of a chronic or acute illness.
12          (3)   Damage to the customer's residence resulting in a
13      significant net cost to the customer's household.
14          (4)   Loss of the customer's residence.
15          (5)   Increase in the customer's number of dependents in
16      the household.
17          (6)   Any other circumstance to be considered in the
18      commission's discretion, including a change in employment
19      status, death, injury, divorce, separation or other
20      substantial hardship.
21      "Small natural gas distribution utility."     A public utility
22   providing natural gas distribution services subject to the
23   jurisdiction of the commission that:
24          (1)   has annual gas operating revenues of less than
25      $6,000,000 per year; or
26          (2)   is not connected to an interstate gas pipeline by
27      means of a direct connection or an indirect connection
28      through the distribution system of another natural gas public
29      utility or through a natural gas gathering system.
30      "Steam heat utility."    An entity producing, generating,

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 1   distributing or furnishing steam for the production of heat or
 2   to or for the public for compensation.
 3      "Wastewater utility."       An entity owning or operating
 4   equipment or facilities for the collection, treatment or
 5   disposal of sewage to or for the public for compensation. The
 6   term includes a separate company that individually provides
 7   water or wastewater service if the separate company is wholly
 8   owned by a common parent company.
 9      "Water distribution utility."           An entity owning or operating
10   equipment or facilities for diverting, developing, pumping,
11   impounding, distributing or furnishing water to or for the
12   public for compensation.
13   § 1404-A. Cash deposits and household information requirements.
14      (a)   Cash deposits.--Except as provided under section 1404.1-
15   A (relating to security deposits), the commission may not
16   prohibit a public utility from requiring a cash deposit, payable
17   during a 90-day period in accordance with commission
18   regulations, in an amount that is equal to one-twelfth of the
19   applicant's estimated annual bill, at the time the public
20   utility determines a deposit is required, from the following:
21            (1)   An applicant who previously received utility
22      distribution services and was a customer of the public
23      utility and whose service was terminated for any of the
24      following reasons:
25                  (i)    Nonpayment of an undisputed delinquent account.
26                  (ii)    Failure to complete payment of a deposit,
27            provide a guarantee or establish credit.
28                  (iii)    Failure to permit access to meters, service
29            connections or other property of the public utility for
30            the purpose of replacement, maintenance, repair or meter

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 1            reading.
 2                  (iv)    Unauthorized use of the utility service
 3            delivered on or about the affected dwelling.
 4                  (v)    Failure to comply with the material terms of a
 5            settlement or payment arrangement.
 6                  (vi)    Fraud or material misrepresentation of identity
 7            for the purpose of obtaining utility service.
 8                  (vii)    Tampering with meters, including bypassing a
 9            meter or removal of an automatic meter reading device or
10            other public utility equipment.
11                  (viii)    Violating tariff provisions on file with the
12            commission so as to endanger the safety of a person or
13            the integrity of the delivery system of the public
14            utility.
15            (2)   An applicant or customer who is unable to establish
16      creditworthiness to the satisfaction of the public utility
17      through the use of a generally accepted credit scoring
18      methodology, as provided in a commission-approved tariff,
19      that employs standards for using the methodology that fall
20      within the range of general industry practice.
21            (3)   A customer who fails to comply with a material term
22      or condition of a settlement or payment arrangement.
23      (b)     Third-party guarantor.--Nothing in this section shall be
24   construed to preclude an applicant from furnishing a third-party
25   guarantor in lieu of a cash deposit. The guaranty shall be in
26   writing and state the terms of the guaranty. The guarantor shall
27   be responsible for all missed payments owed to the public
28   utility.
29      (c)     Deposit hold period.--
30            (1)   A public utility may hold a deposit until a timely

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 1    payment history is established. If, after collection of a
 2    deposit, a public utility obtains information indicating that
 3    a cash deposit is prohibited under Section 1404.1-A, the
 4    public utility shall return the deposit to the customer or
 5    applicant by the next billing cycle, including any interest
 6    accrued on the deposit subject to the provisions of paragraph
 7    (3).
 8           (2)   A timely payment history is established when a
 9    customer has paid in full and on time for at least 12
10    consecutive months.
11           (3)   At the end of the deposit holding period as
12    established under paragraph (1), the public utility shall
13    deduct the outstanding balance from the deposit and return
14    or credit any positive difference to the customer. The
15    decision about whether the deposit is returned to the
16    customer or credited on the customer's account belongs to the
17    customer.
18           (4)   If service is terminated before the end of the
19    deposit holding period as established under paragraph (1),
20    the public utility shall deduct the outstanding balance from
21    the deposit and return any positive difference to the
22    customer not later than 60 days after the termination.
23           (5)   If a customer becomes delinquent before the end of
24    the deposit holding period as established under paragraph
25    (1), the public utility may deduct the outstanding balance
26    from the deposit.
27           (6)   The public utility shall accrue interest on the
28    deposit until it is returned or credited as follows:
29                 (i)   Interest shall be computed at the simple annual
30           interest rate determined by the Secretary of Revenue for

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 1            interest on the underpayment of tax under section 806 of
 2            the act of April 9, 1929 (P.L.343, No.176), known as The
 3            Fiscal Code.
 4                  (ii)    The interest rate in effect when deposit is
 5            required to be paid shall remain in effect until the
 6            later of:
 7                         (A)   the date the deposit is refunded or
 8                  credited; or
 9                         (B)   December 31.
10                  (iii)    On January 1 of each year, the new interest
11            rate for that year shall apply to the deposit.
12      (d)   Adult occupants.--Prior to providing utility service, a
13   public utility may require the applicant to provide the names of
14   each adult occupant residing at the location and proof of their
15   identity.
16      (e)   Failure to pay full amount of cash deposit.--A public
17   utility is not required to provide service to an applicant or
18   customer if the applicant or customer fails to pay the full
19   amount of the cash deposit within the time period under
20   subsection (a).
21      (f)   City natural gas distribution operation and additional
22   deposit rules for city natural gas distribution operations.--
23   Except for an applicant who is subject to a deposit under
24   subsection (a), a city natural gas distribution operation may
25   require a deposit from an applicant as follows:
26            (1)   if the applicant has household income above 300% of
27      the Federal poverty level, one-sixth of the applicant's
28      estimated annual bill shall be paid in full at the time the
29      city natural gas distribution operation determines a deposit
30      is required; or

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 1            (2)    if the applicant has household income no greater
 2      than 300% of the Federal poverty level, one-twelfth of the
 3      applicant's estimated annual bill shall be paid in full at
 4      the time the city natural gas distribution operation
 5      determines a deposit is required. This paragraph does not
 6      apply if the applicant enrolls into the customer assistance
 7      program made available by the city natural gas distribution
 8      operation.
 9      (g)   Estimated annual bill.--For purposes of this section, an
10   estimated annual bill shall be calculated on the basis of the
11   annual bill to the dwelling at which service is being requested
12   for the prior 12 months or, if unavailable, a similar dwelling
13   in close proximity.
14      (h)   Time for paying deposits upon reconnection.--An
15   applicant or customer required to pay a deposit upon
16   reconnection under subsection (a)(1) shall have up to 90 days to
17   pay the deposit in accordance with commission regulations.
18   § 1404.1-A.     Security deposits.
19      Notwithstanding any other provision of law or commission
20   regulation, a public utility may not require a cash deposit as a
21   condition for an applicant or customer to obtain or continue
22   public utility service if the household income of the applicant
23   or customer is at or below 300% of the Federal poverty level.
24   § 1405-A.      Payment arrangements.
25      (a)   Commission authorized.--The commission may investigate
26   complaints regarding payment disputes between a public utility,
27   applicants and customers. The commission may establish payment
28   arrangements between a public utility, customers and applicants
29   within the limits established by this chapter.
30      (b)   Length of payment arrangements.--Except as provided

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 1   under subsection (b.1), the length of time for a customer to
 2   resolve an unpaid balance on an account that is subject to a
 3   payment arrangement that is investigated by the commission and
 4   is entered into by a public utility and a customer may not
 5   extend beyond:
 6            (1)   Six years, if the customer has a gross monthly
 7      household income level not exceeding 150% of the Federal
 8      poverty level.
 9            (2)   Four years, if the customer has a gross monthly
10      household income level exceeding 150% and not more than 250%
11      of the Federal poverty level.
12            (3)   Two years, if the customer has a gross monthly
13      household income level exceeding 250% of the Federal poverty
14      level and not more than 300% of the Federal poverty level.
15            (4)   One year, if the customer has a gross monthly
16      household income level exceeding 300% of the Federal poverty
17      level.
18      (b.1)    Alternative payment arrangement.--If a customer's
19   income level is not more than 300% of the Federal poverty level
20   and the customer's monthly payment would exceed 20% of the
21   customer's average monthly bill based on the length of the
22   payment arrangement for the customer under subsection (b), the
23   commission shall extend the length of the payment arrangement
24   for the customer so that the monthly payment does not exceed 20%
25   of the customer's average monthly bill, not to exceed two times
26   the length of the payment arrangement for the customer under
27   subsection (b).
28      (c)   Customer assistance programs.--
29            (1)   Customer assistance program rates shall be timely
30      paid and are not subject to commission-issued payment

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 1      arrangements while the customer is enrolled in a customer
 2      assistance program. The commission may issue a payment
 3      arrangement if a customer is not enrolled in a customer
 4      assistance program even if the customer has arrears incurred
 5      while in the customer assistance program.
 6            (2)   Nothing in this subsection shall be construed to
 7      prohibit a public utility from entering a payment arrangement
 8      for a customer enrolled in a customer assistance program.
 9            (3)   This subsection shall not apply to arrearages
10      accrued at full residential tariff rates by a customer
11      enrolled in a customer assistance program.
12      (d)   Number of payment arrangements.--
13            (1)   Absent a change in income or a significant change in
14      circumstances, the commission may not establish or order a
15      public utility to establish a second or subsequent payment
16      arrangement if a customer has defaulted on a previous payment
17      arrangement established by a commission order or decision.
18            (2)   A public utility shall enter into a subsequent
19      payment arrangement with a customer whose gross monthly
20      income is less than 300% of the Federal poverty level.
21            (3)   A public utility may, at its discretion, enter into
22      a second or subsequent payment arrangement with a customer.
23      (e)   Extension of payment arrangements.--If the customer
24   defaults on a payment arrangement established under subsections
25   (a) and (b) as a result of a significant change in circumstance,
26   the commission may reinstate the payment arrangement and extend
27   the remaining term for an initial period of six months. The
28   initial extension period may be extended for an additional six
29   months for good cause shown.
30      (f)   Failure to comply with payment arrangement.--Failure of

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 1   a customer to comply with the terms of a payment arrangement
 2   shall be grounds for a public utility to terminate the
 3   customer's service. Pending the outcome of a complaint filed
 4   with the commission, the customer shall be obligated to pay that
 5   portion of the bill that is not in dispute and subsequent bills
 6   that are not in dispute.
 7   § 1406-A.      Termination of utility service.
 8      (a)   Authorized termination.--A public utility may notify a
 9   customer and terminate service provided to a customer after
10   notice as provided in subsection (b) for any of the following
11   actions by the customer:
12            (1)    Nonpayment of an undisputed delinquent account.
13            (2)    Failure to comply with the material terms of a
14      payment arrangement.
15            (3)    Failure to complete payment of a deposit, provide a
16      guarantee of payment or establish credit.
17            (4)    Failure to permit access to meters, service
18      connections or other property of the public utility for the
19      purpose of replacement, maintenance, repair or meter reading.
20      (b)   Notice of termination of service.--
21            (1)    Prior to terminating service under subsection (a), a
22      public utility shall:
23                  (i)   Provide written notice of the termination to the
24            customer at least 20 days prior to the date of the
25            proposed termination. The termination notice shall remain
26            effective for 70 days. The public utility shall mail the
27            written termination notice via first class mail to the
28            customer and provide the termination notice by electronic
29            means if the customer affirmatively and appropriately
30            consents to receive the termination notice by electronic

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 1        means and the public utility has the capability to
 2        provide the termination notice by electronic means. The
 3        public utility may provide the termination notice by
 4        electronic means by either email or text message or both
 5        email and text message if the customer affirmatively and
 6        appropriately consents.
 7             (ii)    Attempt to contact the customer or occupant to
 8        provide notice of the proposed termination at least three
 9        days prior to the scheduled termination, using one or
10        more of the following methods:
11                    (A)   In person.
12                    (B)   By telephone. Phone contact shall be deemed
13             complete upon attempted calls on two separate days to
14             the residence between the hours of 8 a.m. and 9 p.m.
15             if the calls are made at various times each day. The
16             public utility shall biannually update customer
17             contact information and preferences for telephone
18             notification under this clause.
19                    (C)   By email, text message or other electronic
20             messaging format consistent with the commission's
21             privacy guidelines and approved by commission order.
22             The public utility shall biannually update customer
23             contact information and preferences for electronic
24             notification under this clause. In the case of
25             electronic notification only, the customer must
26             affirmatively consent to be contacted using a
27             specific electronic messaging format for purpose of
28             termination.
29             (iii)    During the months of December through March,
30        unless personal contact has been made with the customer

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 1          or responsible adult who is at least 18 years of age or
 2          an emancipated minor by personally visiting the
 3          customer's residence, within 48 hours of the scheduled
 4          date of termination, post a notice of the proposed
 5          termination at the service location in a conspicuous
 6          location.
 7                (iv)    After complying with subparagraphs (ii) and
 8          (iii), at the time service is terminated, post the
 9          termination notice at the service location in a
10          conspicuous location. Termination of service may not be
11          delayed for failure to make personal contact.
12          (2)   The commission may not require the public utility to
13    take any additional actions prior to termination.
14    (c)   Grounds for immediate termination.--
15          (1)   A public utility may immediately terminate service
16    for any of the following actions by the customer:
17                (i)    Unauthorized use of the service delivered on or
18          about the affected dwelling.
19                (ii)    Fraud or material misrepresentation of the
20          customer's identity for the purpose of obtaining service.
21                (iii)    Tampering with meters or other public utility
22          equipment.
23                (iv)    Violating tariff provisions on file with the
24          commission so as to endanger the safety of a person or
25          the integrity of the public utility's delivery system.
26                (v)    Tendering payment for reconnection of service
27          that is subsequently dishonored, revoked, canceled or
28          otherwise not authorized under subsection (h) and that
29          has not been cured or otherwise made full payment within
30          three business days of the public utility's notice to the

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 1            customer, made in accordance with the notice provisions
 2            of subsection (b)(1)(ii), of the dishonored payment.
 3            (2)   Upon termination, the public utility shall make a
 4      good faith attempt to provide a post-termination notice to
 5      the customer or a responsible person at the affected
 6      premises, and, in the case of a single meter, multiunit
 7      dwelling, the public utility shall conspicuously post the
 8      notice at the dwelling, including in common areas if
 9      possible.
10      (d)   Timing of termination.--Notwithstanding the provisions
11   of section 1503 (relating to discontinuance of service), a
12   public utility may terminate service for the reasons under
13   subsection (a) from Monday through Thursday as long as the
14   public utility is able to accept payment to restore service on
15   the following day and restore service consistent with section
16   1407-A (relating to reconnection of service). A public utility
17   may not terminate service on a Friday, a Federal or State
18   holiday or the business day immediately preceding a Federal or
19   State holiday.
20      (e)   Winter termination.--
21            (1)   Unless otherwise authorized by the commission, after
22      November 30 and before April 1, a public utility may not
23      terminate service to customers with household incomes at or
24      below 250% of the Federal poverty level except for customers
25      whose actions conform to subsection (c)(1). The commission
26      may not prohibit a public utility from terminating service in
27      accordance with this section to customers with household
28      incomes exceeding 250% of the Federal poverty level.
29            (2)   In addition to the winter termination authority
30      under paragraph (1), a city natural gas distribution

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 1      operation may terminate service to a customer whose household
 2      income exceeds 150% of the Federal poverty level but does not
 3      exceed 250% of the Federal poverty level, and starting
 4      January 1, has not paid at least 50% of the charges for each
 5      of the prior two months, unless the customer has:
 6                  (i)    proven in accordance with commission rules that
 7            the household contains one or more persons who are 65
 8            years of age or over;
 9                  (ii)    proven in accordance with commission rules that
10            the household contains one or more persons 12 years of
11            age or younger;
12                  (iii)    obtained a medical certification in accordance
13            with commission rules; or
14                  (iv)    paid to the city natural gas distribution
15            operation an amount representing at least 15% of the
16            customer's monthly household income for each of the last
17            two months.
18            (3)   At the time that the notice of termination required
19      by subsection (b)(1)(i) is provided to the customer, the city
20      natural gas distribution operation shall provide notice to
21      the commission. The commission may not stay the termination
22      of service unless the commission finds that the customer
23      satisfies paragraph (2).
24      (f)   Medical certification.--A public utility may not
25   terminate service to a premises when a customer has submitted a
26   medical certificate to the public utility. The customer must
27   obtain a medical certificate verifying the condition and
28   promptly forward it to the public utility. The medical
29   certification procedure shall be implemented in accordance with
30   commission regulations and:

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 1             (1)   Service may not be terminated for the time period
 2      specified in a medical certification. The maximum length of a
 3      medical certification shall be 60 days.
 4             (2)   A medical certification may be renewed in the same
 5      manner and for the same time period in accordance with this
 6      subsection in accordance with the policy of the commission.
 7      (g)    Qualification for utility assistance.--A notice of
 8   termination to a customer of a public utility shall be
 9   sufficient proof of a crisis for a customer with the requisite
10   income level to receive a LIHEAP crisis grant or utility
11   assistance from the Department of Human Services or its designee
12   as soon as practicable after the date of the notice. Termination
13   of service is not necessary to demonstrate sufficient proof of
14   crisis.
15      (h)    Dishonorable tender of payment after receiving
16   termination notice.--
17             (1)   After a public utility has provided a written
18      termination notice under subsection (b)(1)(i), attempted
19      contact as provided in subsection (b)(1)(ii) and posted the
20      termination notice at the service location in a conspicuous
21      location as provided for under subsection (b)(1)(iv),
22      termination of service may proceed without additional notice
23      if:
24                   (i)    the customer tenders payment that is
25             subsequently dishonored under 13 Pa.C.S. § 3502 (relating
26             to dishonor);
27                   (ii)    the customer tenders payment with an access
28             device, as defined in 18 Pa.C.S. § 4106(d) (relating to
29             access device fraud), that is unauthorized, revoked or
30             canceled; or

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 1                  (iii)   the customer tenders payment electronically
 2            that is subsequently dishonored, revoked, canceled or is
 3            otherwise not authorized and that has not been cured or
 4            otherwise made full payment within three business days of
 5            the public utility's notice to the customer, made in
 6            accordance with the notice provisions of subsection (b)
 7            (1)(ii), of the dishonored payment.
 8            (2)    The commission may not require the public utility to
 9      take any additional actions prior to the termination.
10      (i)   Language access.--
11            (1)    A public utility shall provide a written notice of
12      termination to a customer under this section in English and
13      Spanish.
14            (2)    A public utility shall post a fully translated copy
15      of a written notice of termination under this section and a
16      description of the public utility's termination process in
17      English and Spanish, along with the five most commonly spoken
18      languages in the public utility's service territory, in a
19      conspicuous location on the public utility's publicly
20      accessible Internet website.
21   § 1407-A.      Reconnection of service.
22      (a)   Fee.--
23            (1)    Except as provided under paragraph (1) or (2), a
24      public utility may require a reconnection fee based upon the
25      public utility's cost as approved by the commission prior to
26      reconnection of service following lawful termination of the
27      service. A public utility shall inform applicants and
28      customers of the prohibition on reconnection fees specified
29      in this subsection at the time a reconnection fee is assessed
30      and provide the household with the opportunity to demonstrate

20260HB2333PN3028                      - 21 -
 1      that they are exempt under this provision.
 2            (2)   If a customer's income level is at or below 250% of
 3      the Federal poverty level, the public utility may not require
 4      payment of reconnection fees as a condition of reconnection.
 5            (3)   If a customer's income level is above 250% but below
 6      400% of the Federal poverty level, the reconnection fee shall
 7      be included in the customer's arrearages.
 8      (b)     Timing.--If service to a dwelling has been terminated
 9   and provided the customer or applicant has met all applicable
10   conditions, the public utility shall reconnect service as
11   follows:
12            (1)   Within 24 hours for erroneous terminations or upon
13      receipt by the public utility of a valid medical
14      certification.
15            (2)   Within 24 hours for terminations occurring after
16      November 30 and before April 1.
17            (3)   Within three days for erroneous terminations
18      requiring street or sidewalk digging.
19            (4)   Within three days from April 1 to November 30 for
20      proper terminations.
21            (5)   Within seven days for proper terminations requiring
22      street or sidewalk digging.
23      (c)     Payment to restore service.--
24            (1)   A public utility shall provide for and inform the
25      customer or applicant of a location where the customer may
26      make payment to restore service.
27            (2)   A public utility may require:
28                  (i)   Full payment of any outstanding balance incurred
29            together with any reconnection fees by the customer or
30            applicant prior to reconnection of service if the

20260HB2333PN3028                      - 22 -
 1        customer or applicant has an income exceeding 300% of the
 2        Federal poverty level or has defaulted on two or more
 3        payment arrangements. If a customer or applicant with
 4        household income exceeding 300% of the Federal poverty
 5        level experiences a significant change of circumstances,
 6        the customer shall be permitted a period of not more than
 7        three months to pay the outstanding balance required for
 8        reconnection.
 9             (ii)    Repayment over 12 months of any outstanding
10        balance incurred by the customer or applicant if the
11        customer or applicant has an income exceeding 150% of the
12        Federal poverty level but not greater than 300% of the
13        Federal poverty level.
14             (iii)    Full payment of any reconnection fees together
15        with payment over 24 months of any outstanding balance
16        incurred by the customer or applicant if the customer or
17        applicant has an income not exceeding 150% of the Federal
18        poverty level. A customer or applicant of a city natural
19        gas distribution operation whose household income does
20        not exceed 135% of the Federal poverty level shall be
21        reinstated according to this subsection only if the
22        customer or applicant enrolls in the customer assistance
23        program of the city natural gas distribution operation,
24        except that this requirement does not apply if the
25        financial benefits to the customer or applicant are
26        greater if served outside of the assistance program.
27             (iv)    A customer or applicant who is eligible for the
28        public utility's customer assistance program shall be
29        permitted to reconnect to services through enrollment in
30        the public utility's customer assistance program, without

20260HB2333PN3028                  - 23 -
 1            any up-front payment of arrears.
 2            (3)    Payment tendered by a customer to reconnect service
 3      that is subsequently dishonored, revoked, canceled or is
 4      otherwise not authorized under section 1406-A(h)(1) (relating
 5      to termination of utility service) and has not been cured or
 6      otherwise made full payment within three business days of the
 7      public utility's notice to the customer or applicant, made in
 8      accordance with the notice provisions of section 1406-A(b)(1)
 9      (ii), of the dishonored payment is grounds for immediate
10      termination under section 1406-A(c). A public utility may
11      require a customer or applicant to cure a dishonored payment,
12      as provided for in section 1406-A(h), as a condition of
13      entering into a payment agreement with the customer or
14      applicant for a remaining account balance.
15      (d)   Payment of outstanding balance at premises.--A public
16   utility may require the payment of any outstanding balance or
17   portion of an outstanding balance if the applicant resided at
18   the property for which service is requested during the time the
19   outstanding balance accrued and for the time the applicant
20   resided there.
21      (e)   Approval.--A public utility may establish that an
22   applicant previously resided at a property for which residential
23   service is requested through the use of mortgage, deed or lease
24   as specified under section 202 of the act of April 6, 1951
25   (P.L.69, No.20), known as The Landlord and Tenant Act of 1951, a
26   commercially available consumer credit reporting service or
27   other methods approved as valid by the commission.
28   § 1408-A.      Surcharges for uncollectible expenses.
29      (a)   Prohibition.--The commission may not grant or order for
30   a public utility a cash receipts reconciliation clause or

20260HB2333PN3028                     - 24 -
 1   another automatic surcharge mechanism for uncollectible
 2   expenses. An order by the commission entered after the effective
 3   date of this subsection for a cash receipts reconciliation
 4   clause or other automatic surcharge for uncollectible expenses
 5   shall be null and void.
 6      (b)   Construction.--Nothing in this section shall be
 7   construed to affect any clause associated with universal service
 8   and energy conservation.
 9   § 1409-A.      Late payment charge waiver.
10      A public utility shall waive late payment charges on any
11   customer accounts if the charges were improperly assessed. The
12   commission may order a waiver of any late payment charges levied
13   by a public utility as a result of a delinquent account for
14   customers with a gross monthly household income not exceeding
15   150% of the Federal poverty level.
16   § 1410-A.      Complaints filed with commission.
17      The following apply to complaints filed with the commission:
18            (1)    The commission shall accept formal and informal
19      complaints only from a customer or applicant who affirms that
20      the customer or applicant first made a good faith attempt to
21      contact the public utility for the purpose of resolving the
22      problem about which the customer or applicant wishes to file
23      a complaint. If the customer or applicant has not made a good
24      faith attempt to contact the public utility, the commission
25      shall direct the customer or applicant to the public utility.
26            (2)    Pending the outcome of a formal or informal
27      complaint filed with the commission, the customer or
28      applicant shall pay that portion of the bill that is not in
29      dispute and subsequent bills that are not in dispute.
30            (3)    For a formal complaint filing to be valid, the

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 1      customer or applicant must provide a statement attesting to
 2      the truth as to the facts alleged in the complaint. All
 3      testimony in formal complaint proceedings must be under oath.
 4   § 1410.1-A.    Public utility duties.
 5      (a)   Payment agreements.--A public utility shall take the
 6   action described in subsection (b) if:
 7            (1)   a customer or applicant contacts the public utility
 8      to make a payment agreement as required by section 1410-A
 9      (relating to complaints filed with commission);
10            (2)   the public utility has information that would
11      reasonably lead the public utility to conclude that a
12      customer or applicant is or was payment troubled; or
13            (3)   the public utility receives information that a
14      customer's or applicant's household may qualify the customer
15      for a universal service and energy conservation program.
16      (b)   Duties owed to customer or applicant.--The public
17   utility shall:
18            (1)   Provide information about the public utility's
19      universal service programs, including a customer assistance
20      program.
21            (2)   Refer the customer or applicant to the universal
22      service program administrator of the public utility to
23      determine eligibility for a program and to apply for
24      enrollment in a program.
25            (3)   Have an affirmative responsibility to attempt to
26      collect payment on an overdue account.
27            (4)   Report to the commission on an annual basis the
28      number of medical certificates and renewals submitted and
29      accepted in the service territory.
30      (c)   Other duties.--The public utility shall:

20260HB2333PN3028                    - 26 -
 1          (1)     Screen a customer or applicant to determine if the
 2      customer or applicant's household income is at or below 300%
 3      of the Federal poverty level at the time service is
 4      established and on a biannual basis thereafter. The public
 5      utility shall attempt to update the income information under
 6      this paragraph at least once per year.
 7          (2)     Contact a customer or applicant with arrearages over
 8      90 days past due to offer payment arrangements, referrals and
 9      other resources for which the customer or applicant may be
10      eligible.
11          (3)     Annually report to the commission residential
12      customer accounts that have accumulated $10,000 or more in
13      arrearages. Failure to make reasonable attempts to collect
14      payments on overdue accounts with arrearages in excess of
15      $10,000 may result in civil fines or other appropriate
16      sanctions by the commission.
17   § 1411-A.    Automatic meter readings.
18      All readings by an automatic meter reader device shall be
19   deemed actual readings for the purposes of this title. Upon a
20   customer request, the public utility shall secure an in-person
21   meter reading to confirm the accuracy of an automatic meter
22   reading device when a customer disconnects service or a new
23   service request is received. A public utility may charge a fee,
24   as provided in a commission-approved tariff.
25   § 1412-A.    Reporting of delinquent customers.
26      A city natural gas distribution operation shall report to the
27   Pennsylvania Intergovernmental Cooperation Authority established
28   pursuant to the act of June 5, 1991 (P.L.9, No.6), known as the
29   Pennsylvania Intergovernmental Cooperation Authority Act for
30   Cities of the First Class, an assisted city or corporate entity

20260HB2333PN3028                    - 27 -
 1   of an assisted city, as those terms are defined in the
 2   Pennsylvania Intergovernmental Cooperation Authority Act, that
 3   has not paid in full for charges for service by the due dates
 4   stated on the bill or otherwise agreed upon.
 5   § 1413-A.      Reporting of recipients of public assistance.
 6      The Department of Human Services shall annually make
 7   available to each public utility with a signed LIHEAP vendor
 8   agreement a listing of recipients of LIHEAP or any other utility
 9   assistance administered by the Department of Human Services. A
10   public utility may not use the listing for anything but
11   qualification and continued eligibility for a customer
12   assistance program or LIHEAP.
13   § 1414-A.      Liens by city natural gas distribution operations.
14      (a) Liens generally.--A city natural gas distribution
15   operation furnishing gas service to a property may impose or
16   assess a municipal claim against the property and file as liens
17   of record claims for unpaid natural gas distribution service and
18   other related costs, including natural gas supply services, in:
19            (1)    the court of common pleas of the county in which the
20      property is situated; or
21            (2)    if the claim for the unpaid natural gas distribution
22      service does not exceed the maximum amount over which the
23      Municipal Court of Philadelphia has jurisdiction, in the
24      Municipal Court of Philadelphia, pursuant to sections 3 and 9
25      of the act of May 16, 1923 (P.L.207, No.153), referred to as
26      the Municipal Claim and Tax Lien Law, and Chapter 22
27      (relating to natural gas competition).
28      (b)   Residential field visit charge.--A city natural gas
29   distribution operation may charge a minimum fee of $10 for each
30   instance in which its representative is required to visit the

20260HB2333PN3028                     - 28 -
 1   residence of a customer in the process of attempting to complete
 2   required service termination steps.
 3      (c)   Refusal of service.--The commission shall permit a city
 4   natural gas distribution operation to refuse to provide service
 5   to an applicant if the applicant has a pending lien or civil
 6   judgment by the city natural gas distribution operation
 7   outstanding against the applicant or against property owned in
 8   whole or in part by the applicant, unless the applicant enters
 9   into a payment arrangement for the payment of the amount
10   associated with the lien or judgment that remains outstanding at
11   the time of the application.
12   § 1415-A.      Reporting to General Assembly and Governor.
13      (a)   Report.--No later than five years following the
14   effective date of this subsection and every five years
15   thereafter, the commission shall submit a report to the
16   Governor, the Chief Clerk of the House of Representatives and
17   the Secretary of the Senate reviewing the implementation of the
18   provisions of this chapter. The report shall include:
19            (1)    The degree to which the chapter's requirements have
20      been successfully implemented.
21            (2)    The effect upon the cash working capital or cash
22      flow, uncollectible levels and collections of the affected
23      public utilities.
24            (3)    The level of access to public utility services by
25      residential customers, including low-income customers.
26            (4)    The effect upon the level of consumer complaints and
27      mediations filed with and adjudicated by the commission.
28      (b)   Data requirements.--Public utilities affected by this
29   chapter shall provide data required by the commission to
30   complete the report under subsection (a).

20260HB2333PN3028                     - 29 -
 1      (c)   Proposed changes.--In its recommendations, the
 2   commission may also propose any legislative or other changes
 3   that the commission deems appropriate.
 4   § 1416-A.   Notice.
 5      Not later than 30 days after the effective date of this
 6   section, public utilities affected by this chapter shall provide
 7   notice to their customers explaining the changes to be
 8   implemented.
 9   § 1417-A.   Nonapplicability.
10      This chapter shall not apply to victims under a protection
11   from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to
12   protection from abuse), a court order issued by a court of
13   competent jurisdiction or a written certification from a
14   domestic violence counselor/advocate as defined under 23 Pa.C.S.
15   § 6102 (relating to definitions) that provides clear evidence of
16   domestic violence against the applicant or customer.
17   § 1418-A.   Construction.
18      Nothing in this chapter shall be construed to affect any
19   rights or procedure under the act of November 26, 1978
20   (P.L.1255, No.299), known as the Utility Service Tenants Rights
21   Act, or the provisions of Subchapter B of Chapter 15 (relating
22   to discontinuance of service to leased premises).
23   § 1419-A.   Expiration.
24      This chapter shall expire December 31, 2036.
25      Section 2.   This act shall take effect in 60 days.




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