SB 154 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in Public Utility Code, providing for responsible utility customer protection.

PRINTER'S NO.   104

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                        SENATE BILL
                        No. 154
                                               Session of
                                                 2025

     INTRODUCED BY BOSCOLA, FONTANA AND PENNYCUICK, JANUARY 23, 2025

     REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
        JANUARY 23, 2025


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

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

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 1   of the property for which the residential public utility service
 2   is requested. The term does not include a person who, within 30
 3   days after service termination or discontinuance of service,
 4   seeks to have service reconnected at the same location or
 5   transferred to another location within the service territory of
 6   the public utility.
 7      "Change in income."   A decrease in household income of 20% or
 8   more if the customer's household income level exceeds 200% of
 9   the Federal poverty level or a decrease in household income of
10   10% or more if the customer's household income level is 200% or
11   less of the Federal poverty level.
12      "City natural gas distribution operation."    As defined in
13   section 102 (relating to definitions).
14      "Creditworthiness."   An assessment of an applicant's or
15   customer's ability to meet bill payment obligations for utility
16   service.
17      "Customer."   A natural person at least 18 years of age or an
18   emancipated minor in whose name a residential service account is
19   listed and who is primarily responsible for payment of bills
20   rendered for the service or any adult occupant whose name
21   appears on the mortgage, deed or lease, as identified in section
22   202 of The Landlord and Tenant Act of 1951, of the property for
23   which the residential utility service is requested. The term
24   includes a person who, within 30 days after service termination
25   or discontinuance of service, seeks to have service reconnected
26   at the same location or transferred to another location within
27   the service territory of the public utility.
28      "Customer assistance program."     A plan or program sponsored
29   by a public utility for the purpose of providing universal
30   service and energy conservation, as defined by section 2202

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 1   (relating to definitions) or 2803 (relating to definitions), or
 2   other assistance programs offered by a public utility, including
 3   a water distribution utility or a wastewater utility, in which
 4   customers make monthly payments based on household income and
 5   household size and under which customers must comply with
 6   certain responsibilities and restrictions in order to remain
 7   eligible for the program.
 8      "Electric distribution utility."    The term shall have the
 9   same meaning as the term "electric distribution company" in
10   section 2803 (relating to definitions).
11      "Formal complaint."   A complaint filed before the commission
12   requesting a legal proceeding before a commission administrative
13   law judge or a mediation under the management of a commission
14   administrative law judge.
15      "Household income."   The combined gross income of all adults
16   at least 18 years of age and emancipated minors in a residential
17   household who benefit from the public utility service, excluding
18   earned income received by household members under 18 years of
19   age who are not emancipated.
20      "Informal complaint."    A complaint filed with the commission
21   by a customer that does not involve a legal proceeding before a
22   commission administrative law judge or a mediation under the
23   management of a commission administrative law judge.
24      "LIHEAP" or "Low Income Home Energy Assistance Program."      A
25   federally funded program authorized by 42 U.S.C. §§ 8621
26   (relating to home energy grants), 8622 (relating to
27   definitions), 8623 (relating to state allotments), 8624
28   (relating to applications and requirements), 8625 (relating to
29   nondiscrimination provisions), 8626 (relating to payments to
30   States; fiscal year requirements respecting availability, etc.),

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 1   8627 (relating to withholding of funds), 8628 (relating to
 2   limitation on use of grants for construction), 8629 (relating to
 3   studies and reports) and 8630 (relating to renewable fuels) that
 4   provides financial assistance in the form of cash and crisis
 5   grants to low-income households for home energy bills and is
 6   administered by the Department of Human Services.
 7      "Medical certificate."      A written document, in a form
 8   approved by the commission:
 9          (1)   certifying that a customer or member of the
10      customer's household is seriously ill or has been diagnosed
11      with a medical condition which requires the continuation of
12      service to treat the medical condition; and
13          (2)   signed by a licensed physician, nurse practitioner
14      or physician's assistant.
15      "Natural gas distribution service."        As defined in section
16   2202 (relating to definitions).
17      "Natural gas distribution utility."       The term shall have the
18   same meaning as the term "natural gas distribution company" in
19   section 2202.
20      "Natural gas supply services."        As defined in section 2202.
21      "Occupant."   (Reserved).
22      "Payment arrangement."      An agreement whereby a customer or
23   applicant who admits liability for billed service is permitted
24   to amortize or pay the unpaid balance of the account in one or
25   more payments.
26      "Public utility."   Any electric distribution utility, natural
27   gas distribution utility, small natural gas distribution
28   utility, steam heat utility, wastewater utility or water
29   distribution utility in this Commonwealth that is within the
30   jurisdiction of the commission. The term includes a city natural

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 1   gas distribution operation and a water and sewer authority in a
 2   city of the second class.
 3      "Significant change in circumstance."     Any of the following
 4   criteria when verified by the public utility and experienced by
 5   customers with household income less than 300% of the Federal
 6   poverty level:
 7          (1)   The onset of a chronic or acute illness resulting in
 8      a significant loss in the customer's household income.
 9          (2)   Catastrophic damage to the customer's residence
10      resulting in a significant net cost to the customer's
11      household.
12          (3)   Loss of the customer's residence.
13          (4)   Increase in the customer's number of dependents in
14      the household.
15      "Small natural gas distribution utility."     A public utility
16   providing natural gas distribution services subject to the
17   jurisdiction of the commission that:
18          (1)   has annual gas operating revenues of less than
19      $6,000,000 per year; or
20          (2)   is not connected to an interstate gas pipeline by
21      means of a direct connection or any indirect connection
22      through the distribution system of another natural gas public
23      utility or through a natural gas gathering system.
24      "Steam heat utility."     An entity producing, generating,
25   distributing or furnishing steam for the production of heat or
26   to or for the public for compensation.
27      "Wastewater utility."     An entity owning or operating
28   equipment or facilities for the collection, treatment or
29   disposal of sewage to or for the public for compensation. The
30   term includes separate companies that individually provide water

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 1   or wastewater service so long as the separate companies are
 2   wholly owned by a common parent company.
 3      "Water and sewer authority in a city of the second class."
 4   The term shall have the same meaning as the term "authority" in
 5   section 3201 (relating to definitions).
 6      "Water distribution utility."             An entity owning or operating
 7   equipment or facilities for diverting, developing, pumping,
 8   impounding, distributing or furnishing water to or for the
 9   public for compensation.
10   § 1404.    Cash deposits and household information requirements.
11      (a)    General rule.--In addition to the right to collect a
12   deposit under any commission regulation or order, the commission
13   shall not prohibit a public utility from requiring a cash
14   deposit, payable during a 90-day period in accordance with
15   commission regulations, in an amount that is equal to one-sixth
16   of the applicant's estimated annual bill, at the time the public
17   utility determines a deposit is required, from the following:
18             (1)   An applicant who previously received utility
19      distribution services and was a customer of the public
20      utility and whose service was terminated for any of the
21      following reasons:
22                   (i)     Nonpayment of an undisputed delinquent account.
23                   (ii)    Failure to complete payment of a deposit,
24             provide a guarantee or establish credit.
25                   (iii)    Failure to permit access to meters, service
26             connections or other property of the public utility for
27             the purpose of replacement, maintenance, repair or meter
28             reading.
29                   (iv)    Unauthorized use of the utility service
30             delivered on or about the affected dwelling.

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 1                  (v)     Failure to comply with the material terms of a
 2            settlement or payment arrangement.
 3                  (vi)     Fraud or material misrepresentation of identity
 4            for the purpose of obtaining utility service.
 5                  (vii)    Tampering with meters, including, but not
 6            limited to, bypassing a meter or removal of an automatic
 7            meter reading device or other public utility equipment.
 8                  (viii)     Violating tariff provisions on file with the
 9            commission so as to endanger the safety of a person or
10            the integrity of the delivery system of the public
11            utility.
12            (2)   Any applicant or customer who is unable to establish
13      creditworthiness to the satisfaction of the public utility
14      through the use of a generally accepted credit scoring
15      methodology, as provided in a commission-approved tariff, and
16      which employs standards for using the methodology that fall
17      within the range of general industry practice.
18            (3)   A customer who fails to comply with a material term
19      or condition of a settlement or payment arrangement.
20      (a.1)     Cash deposit prohibition.--Notwithstanding subsection
21   (a), no public utility may require a customer or applicant that
22   is confirmed to be eligible for a customer assistance program to
23   provide a cash deposit.
24      (b)     Third-party guarantor.--Nothing in this section shall be
25   construed to preclude an applicant from furnishing a third-party
26   guarantor in lieu of a cash deposit. The guaranty shall be in
27   writing and shall state the terms of the guaranty. The guarantor
28   shall be responsible for all missed payments owed to the public
29   utility.
30      (c)     Deposit hold period.--

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 1        (1)   A public utility may hold a deposit until a timely
 2    payment history is established.
 3        (2)   A timely payment history is established when a
 4    customer has paid in full and on time for twelve consecutive
 5    months.
 6        (3)   At the end of the deposit holding period as
 7    established in paragraph (1), the public utility shall deduct
 8    the outstanding balance from the deposit and return or credit
 9    any positive difference to the customer.
10        (4)   If service is terminated before the end of the
11    deposit holding period as established in paragraph (1), the
12    public utility shall deduct the outstanding balance from the
13    deposit and return any positive difference to the customer
14    within 60 days of the termination.
15        (5)   If a customer becomes delinquent before the end of
16    the deposit holding period as established in paragraph (1),
17    the public utility may deduct the outstanding balance from
18    the deposit.
19        (6)   The public utility shall accrue interest on the
20    deposit until it is returned or credited.
21              (i)    Interest shall be computed at the simple annual
22        interest rate determined by the Secretary of Revenue for
23        interest on the underpayment of tax under section 806 of
24        the act of April 9, 1929 (P.L.343, No.176), known as The
25        Fiscal Code.
26              (ii)    The interest rate in effect when deposit is
27        required to be paid shall remain in effect until the
28        later of:
29                     (A)   the date the deposit is refunded or
30              credited; or

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 1                      (B)   December 31.
 2                  (iii)   On January 1 of each year, the new interest
 3            rate for that year will apply to the deposit.
 4      (d)   Adult occupants.--Prior to providing utility service, a
 5   public utility may require the applicant to provide the names of
 6   each adult occupant at least 18 years of age and each
 7   emancipated minor residing at the location and proof of their
 8   identity.
 9      (e)   Failure to pay full amount of cash deposit.--A public
10   utility shall not be required to provide service if the
11   applicant or customer fails to pay the full amount of the cash
12   deposit within the time period under subsection (a).
13      (f)   City natural gas distribution operation; additional
14   deposit rules for city natural gas distribution operations.--
15   Except for applicants who are subject to a deposit under
16   subsection (a), a city natural gas distribution operation may
17   require a deposit from the applicant as follows:
18            (1)   if an applicant has household income above 300% of
19      the Federal poverty level, one-sixth of the applicant's
20      estimated annual bill paid in full at the time the city
21      natural gas distribution operation determines a deposit is
22      required; or
23            (2)   if an applicant has household income no greater than
24      300% of the Federal poverty level, one-twelfth of the
25      applicant's estimated annual bill paid in full at the time
26      the city natural gas distribution operation determines a
27      deposit is required. Applicants who enroll into the Customer
28      Assistance Program made available by the city natural gas
29      distribution operation are not subject to this paragraph.
30      (g)   Estimated annual bill.--When used in this section, an

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 1   estimated annual bill shall be calculated on the basis of the
 2   annual bill to the dwelling at which service is being requested
 3   for the prior 12 months or, if unavailable, a similar dwelling
 4   in close proximity.
 5      (h)    Time for paying deposits upon reconnection.--Applicants
 6   and customers required to pay a deposit upon reconnection under
 7   subsection (a)(1) shall have up to 90 days to pay the deposit in
 8   accordance with commission regulations.
 9   § 1405.    Payment arrangements.
10      (a)    General rule.--The commission is authorized to
11   investigate complaints regarding payment disputes between a
12   public utility, applicants and customers. The commission is
13   authorized to establish payment arrangements between a public
14   utility, customers and applicants within the limits established
15   by this chapter. The request for a payment arrangement is
16   properly viewed as a request for an initial payment arrangement
17   if a previous payment arrangement has been completed as a result
18   of the customer making payments sufficient to retire the entire
19   balance that was the subject of that payment arrangement.
20      (b)    Length of payment arrangements.--The length of time for
21   a customer to resolve an unpaid balance on an account that is
22   subject to a payment arrangement that is investigated by the
23   commission and is entered into by a public utility and a
24   customer shall not extend beyond:
25             (1)   Six years for customers with a gross monthly
26      household income level not exceeding 150% of the Federal
27      poverty level.
28             (2)   Four years for customers with a gross monthly
29      household income level exceeding 150% and not more than 250%
30      of the Federal poverty level.

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 1            (3)   Two years for customers with a gross monthly
 2      household income level exceeding 250% of the Federal poverty
 3      level and not more than 300% of the Federal poverty level.
 4            (4)   One year for customers with a gross monthly
 5      household income level exceeding 300% of the Federal poverty
 6      level.
 7      (c)   Customer assistance programs.--Customer assistance
 8   program rates shall be timely paid and shall not be the subject
 9   of payment arrangements negotiated or approved by the
10   commission.
11      (d)   Number of payment arrangements.--Absent a change in
12   income, the commission shall not establish or order a public
13   utility to establish a second or subsequent payment arrangement
14   if a customer has defaulted on a previous payment arrangement
15   established by a commission order or decision. A public utility
16   may, at its discretion, enter into a second or subsequent
17   payment arrangement with a customer.
18      (e)   Extension of payment arrangements.--If the customer
19   defaults on a payment arrangement established under subsections
20   (a) and (b) as a result of a significant change in circumstance,
21   the commission may reinstate the payment arrangement and extend
22   the remaining term for an initial period of six months. The
23   initial extension period may be extended for an additional six
24   months for good cause shown.
25      (f)   Failure to comply with payment arrangement.--Failure of
26   a customer to comply with the terms of a payment arrangement
27   shall be grounds for a public utility to terminate the
28   customer's service. Pending the outcome of a complaint filed
29   with the commission, a customer shall be obligated to pay that
30   portion of the bill which is not in dispute and subsequent bills

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 1   which are not in dispute.
 2   § 1406.    Termination of utility service.
 3      (a)    Authorized termination.--A public utility may notify a
 4   customer and terminate service provided to a customer after
 5   notice as provided in subsection (b) for any of the following
 6   actions by the customer:
 7             (1)   Nonpayment of an undisputed delinquent account.
 8             (2)   Failure to comply with the material terms of a
 9      payment arrangement.
10             (3)   Failure to complete payment of a deposit, provide a
11      guarantee of payment or establish credit.
12             (4)   Failure to permit access to meters, service
13      connections or other property of the public utility for the
14      purpose of replacement, maintenance, repair or meter reading.
15      (b)    Notice of termination of service.--
16             (1)   Prior to terminating service under subsection (a), a
17      public utility:
18                   (i)    Shall provide written notice of the termination
19             to the customer at least 14 days prior to the date of the
20             proposed termination. The termination notice shall remain
21             effective for 70 days. The written notice shall be mailed
22             by first class mail to the customer and provided by
23             electronic means if the customer affirmatively consents
24             to receive electronic notice of termination and if the
25             public utility has the capability to provide electronic
26             notification. Electronic notice of termination shall mean
27             by either email, text or both if both are provided to the
28             utility with appropriate consent.
29                   (ii)   Shall attempt to contact the customer or
30             occupant to provide notice of the proposed termination at

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 1        least three days prior to the scheduled termination,
 2        using one or more of the following methods:
 3                     (A)   in person;
 4                     (B)   by telephone. Phone contact shall be deemed
 5              complete upon attempted calls on two separate days to
 6              the residence between the hours of 8 a.m. and 9 p.m.
 7              if the calls were made at various times each day; or
 8                     (C)   by e-mail, text message or other electronic
 9              messaging format consistent with the commission's
10              privacy guidelines and approved by commission order.
11                     (D)   In the case of electronic notification only,
12              the customer must affirmatively consent to be
13              contacted using a specific electronic messaging
14              format for purpose of termination.
15              (iii)    During the months of December through March,
16        unless personal contact has been made with the customer
17        or responsible adult at least 18 years of age or an
18        emancipated minor by personally visiting the customer's
19        residence, the public utility shall, within 48 hours of
20        the scheduled date of termination, post a notice of the
21        proposed termination at the service location in a
22        conspicuous location.
23              (iv)    After complying with subparagraphs (i), (ii)
24        and (iii), the public utility shall, at the time service
25        is terminated, post a notice of termination in a
26        conspicuous location at the service location. Termination
27        of service shall not be delayed for failure to make
28        personal contact.
29        (2)   The public utility shall not be required by the
30    commission to take any additional actions prior to

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 1      termination.
 2      (c)   Grounds for immediate termination.--
 3            (1)   A public utility may immediately terminate service
 4      for any of the following actions by the customer:
 5                  (i)     Unauthorized use of the service delivered on or
 6            about the affected dwelling.
 7                  (ii)    Fraud or material misrepresentation of the
 8            customer's identity for the purpose of obtaining service.
 9                  (iii)    Tampering with meters or other public utility
10            equipment.
11                  (iv)    Violating tariff provisions on file with the
12            commission so as to endanger the safety of a person or
13            the integrity of the public utility's delivery system.
14                  (v)     Tendering payment for reconnection of service
15            that is subsequently dishonored, revoked, canceled or
16            otherwise not authorized under subsection (h) and which
17            has not been cured or otherwise made full payment within
18            three business days of the public utility's notice to the
19            customer, made in accordance with the notice provisions
20            of subsection (b)(1)(ii), of the dishonored payment.
21            (2)   Upon termination, the public utility shall make a
22      good faith attempt to provide a post termination notice to
23      the customer or a responsible person at the affected
24      premises, and, in the case of a single meter, multiunit
25      dwelling, the public utility shall conspicuously post the
26      notice at the dwelling, including in common areas when
27      possible.
28      (d)   Timing of termination.--Notwithstanding the provisions
29   of section 1503 (relating to discontinuance of service), a
30   public utility may terminate service for the reasons set forth

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 1   in subsection (a) from Monday through Thursday as long as the
 2   public utility can accept payment to restore service on the
 3   following day and can restore service consistent with section
 4   1407 (relating to reconnection of service).
 5      (e)   Winter termination.--
 6            (1)   Unless otherwise authorized by the commission, after
 7      November 30 and before April 1, an electric distribution
 8      utility or natural gas distribution utility shall not
 9      terminate service to customers with household incomes at or
10      below 250% of the Federal poverty level except for customers
11      whose actions conform to subsection (c)(1). The commission
12      shall not prohibit an electric distribution utility or
13      natural gas distribution utility from terminating service in
14      accordance with this section to customers with household
15      incomes exceeding 250% of the Federal poverty level.
16            (2)   In addition to the winter termination authority set
17      forth in paragraph (1), a city natural gas distribution
18      operation may terminate service to a customer whose household
19      income exceeds 150% of the Federal poverty level but does not
20      exceed 250% of the Federal poverty level, and starting
21      January 1, has not paid at least 50% of the charges for each
22      of the prior two months unless the customer has done one of
23      the following:
24                  (i)     Has proven in accordance with commission rules
25            that the household contains one or more persons who are
26            65 years of age or over.
27                  (ii)    Has proven in accordance with commission rules
28            that the household contains one or more persons 12 years
29            of age or younger.
30                  (iii)    Has obtained a medical certification in

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 1            accordance with commission rules.
 2                  (iv)   Has paid to the city natural gas distribution
 3            operation an amount representing at least 15% of the
 4            customer's monthly household income for each of the last
 5            two months.
 6            (3)   At the time that the notice of termination required
 7      by subsection (b)(1)(i) is provided to the customer, the city
 8      natural gas distribution operation shall provide notice to
 9      the commission. The commission shall not stay the termination
10      of service unless the commission finds that the customer
11      meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).
12      (f)   Medical certification.--A public utility shall not
13   terminate service to a premises when a customer has submitted a
14   medical certificate to the public utility. The customer shall
15   obtain a medical certificate verifying the condition and shall
16   promptly forward it to the public utility. The medical
17   certification procedure shall be implemented in accordance with
18   commission regulations. The following apply:
19            (1)   Service may not be terminated for the time period
20      specified in a medical certification. The maximum length of
21      the certification shall be 60 days.
22            (2)   Certifications may be renewed in the same manner and
23      for the same time period as provided in this section if the
24      customer has met the obligation to make payment on all new
25      undisputed charges and provide payment towards any undisputed
26      outstanding balance with a minimum payment amount determined
27      by the commission, which shall be no less than $10.
28      (g)   Qualification for LIHEAP or other utility assistance.--A
29   notice of termination to a customer of a public utility shall be
30   sufficient proof of a crisis for a customer with the requisite

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 1   income level to receive a LIHEAP Crisis Grant or utility
 2   assistance from the Department of Human Services or its designee
 3   as soon as practicable after the date of the notice. Termination
 4   of service is not necessary to demonstrate sufficient proof of
 5   crisis.
 6      (h)    Dishonorable tender of payment after receiving
 7   termination notice.--
 8             (1)   After a public utility has provided a written
 9      termination notice under subsection (b)(1)(i), attempted
10      contact as provided in subsection (b)(1)(ii) and posted the
11      notice of termination at the service location as provided in
12      subsection (b)(1)(iv), termination of service may proceed
13      without additional notice if:
14                   (i)     a customer tenders payment which is subsequently
15             dishonored under 13 Pa.C.S. § 3502 (relating to
16             dishonor);
17                   (ii)    a customer tenders payment with an access
18             device, as defined in 18 Pa.C.S. § 4106(d) (relating to
19             access device fraud), which is unauthorized, revoked or
20             canceled; or
21                   (iii)    a customer tenders payment electronically that
22             is subsequently dishonored, revoked, canceled or is
23             otherwise not authorized and which has not been cured or
24             otherwise made full payment within three business days of
25             the public utility's notice to the customer, made in
26             accordance with the notice provisions of subsection (b)
27             (1)(ii), of the dishonored payment.
28             (2)   The public utility shall not be required by the
29      commission to take any additional actions prior to the
30      termination.

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 1   § 1407.    Reconnection of service.
 2      (a)     Fee.--A public utility may require a reconnection fee
 3   based upon the public utility's cost as approved by the
 4   commission prior to reconnection of service following lawful
 5   termination of the service.
 6      (a.1)     Reconnection fee reimbursements.--Notwithstanding
 7   subsection (a), a public utility shall return or credit a
 8   customer's or applicant's reconnection fee who is enrolled in a
 9   utility assistance program if the customer remains enrolled for
10   a duration of at least six months.
11      (b)     Timing.--When service to a dwelling has been terminated
12   and provided the customer or applicant has met all applicable
13   conditions, the public utility shall reconnect service as
14   follows:
15             (1)   Within 24 hours for erroneous terminations or upon
16      receipt by the public utility of a valid medical
17      certification.
18             (2)   Within 24 hours for terminations occurring after
19      November 30 and before April 1.
20             (3)   Within three days for erroneous terminations
21      requiring street or sidewalk digging.
22             (4)   Within three days from April 1 to November 30 for
23      proper terminations.
24             (5)   Within seven days for proper terminations requiring
25      street or sidewalk digging.
26      (c)     Payment to restore service.--
27             (1)   A public utility shall provide for and inform the
28      applicant or customer of a location where the customer can
29      make payment to restore service.
30             (2)   A public utility may require:

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 1             (i)     Full payment of any outstanding balance incurred
 2        together with any reconnection fees by the customer or
 3        applicant prior to reconnection of service if the
 4        customer or applicant has an income exceeding 300% of the
 5        Federal poverty level or has defaulted on two or more
 6        payment arrangements. If a customer or applicant with
 7        household income exceeding 300% of the Federal poverty
 8        level experiences a life event, the customer or applicant
 9        shall be permitted a period of not more than three months
10        to pay the outstanding balance required for reconnection.
11        For purposes of this subparagraph, a life event is:
12                    (A)   A job loss that extended beyond nine months.
13                    (B)   A serious illness that extended beyond nine
14             months.
15                    (C)   Death of the primary wage earner.
16             (ii)    Full payment of any reconnection fees together
17        with repayment over 12 months of any outstanding balance
18        incurred by the customer or applicant if the customer or
19        applicant has an income exceeding 150% of the Federal
20        poverty level but not greater than 300% of the Federal
21        poverty level.
22             (iii)     Full payment of any reconnection fees together
23        with payment over 24 months of any outstanding balance
24        incurred by the customer or applicant if the customer or
25        applicant has an income not exceeding 150% of the Federal
26        poverty level. A customer or applicant of a city natural
27        gas distribution operation whose household income does
28        not exceed 135% of the Federal poverty level shall be
29        reinstated pursuant to this subsection only if the
30        customer or applicant enrolls in the customer assistance

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 1            program of the city natural gas distribution operation
 2            except that this requirement shall not apply if the
 3            financial benefits to such customer or applicant are
 4            greater if served outside of that assistance program.
 5            (3)   Payment tendered by a customer to reconnect service
 6      that is subsequently dishonored, revoked, canceled or is
 7      otherwise not authorized under section 1406(h)(1) (relating
 8      to termination of utility service) and which has not been
 9      cured or otherwise made full payment within three business
10      days of the public utility's notice to the customer, made in
11      accordance with the notice provisions of section 1406(b)(1)
12      (ii), of the dishonored payment is grounds for immediate
13      termination under section 1406(c). A public utility may
14      require a customer or applicant to cure a dishonored payment,
15      as provided for in section 1406(h), as a condition of
16      entering into a payment agreement with the customer or
17      applicant for a remaining account balance.
18      (d)   Payment of outstanding balance at premises.--A public
19   utility may also require the payment of any outstanding balance
20   or portion of an outstanding balance if the applicant resided at
21   the property for which service is requested during the time the
22   outstanding balance accrued and for the time the applicant
23   resided there.
24      (e)   Approval.--A public utility may establish that an
25   applicant previously resided at a property for which residential
26   service is requested through the use of information on a
27   mortgage, deed or lease as identified in section 202 of the act
28   of April 6, 1951 (P.L.69, No.20), known as The Landlord and
29   Tenant Act of 1951, a commercially available consumer credit
30   reporting service or other methods approved as valid by the

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 1   commission.
 2   § 1408.    Surcharges for uncollectible expenses prohibited.
 3      The commission shall not grant or order for any public
 4   utility a cash receipts reconciliation clause or another
 5   automatic surcharge mechanism for uncollectible expenses. Any
 6   orders by the commission entered after the effective date of
 7   this section for a cash receipts reconciliation clause or other
 8   automatic surcharge for uncollectible expenses shall be null and
 9   void. This section shall not affect any clause associated with
10   universal service and energy conservation.
11   § 1409.    Late payment charge waiver.
12      A public utility shall waive late payment charges on any
13   customer accounts if the charges were improperly assessed. The
14   commission may order a waiver of any late payment charges levied
15   by a public utility as a result of a delinquent account for
16   customers with a gross monthly household income not exceeding
17   150% of the Federal poverty level.
18   § 1410.    Complaints filed with commission.
19      The following apply:
20             (1)   The commission shall accept formal and informal
21      complaints only from customers or applicants who affirm that
22      they have first contacted the public utility for the purpose
23      of resolving the problem about which the customer wishes to
24      file a complaint. If the customer has not contacted the
25      public utility, the commission shall direct the customer to
26      the public utility.
27             (2)   Pending the outcome of a formal or informal
28      complaint filed with the commission, the customer shall be
29      obligated to pay that portion of the bill which is not in
30      dispute and subsequent bills which are not in dispute.

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 1            (3)    For a formal complaint filing to be valid, the
 2      customer or applicant must provide a statement attesting to
 3      the truth as to the facts alleged in the complaint. All
 4      testimony in formal complaint proceedings must be under oath.
 5   § 1410.1.      Public utility duties.
 6      (a)   Payment agreement.--When a customer or applicant
 7   contacts a public utility to make a payment agreement as
 8   required by section 1410 (relating to complaints filed with
 9   commission), the public utility shall:
10            (1)    Provide information about the public utility's
11      universal service programs, including a customer assistance
12      program.
13            (2)    Refer the customer or applicant to the universal
14      service program administrator of the public utility to
15      determine eligibility for a program and to apply for
16      enrollment in a program.
17            (3)    Have an affirmative responsibility to attempt to
18      collect payment on an overdue account.
19            (4)    Report to the commission on an annual basis the
20      number of medical certificates and renewals submitted and
21      accepted in the service territory.
22      (b)   Duties.--The public utility shall:
23            (1)    Contact customers with arrearages over 90 days past
24      due to offer payment arrangements, referrals and other
25      resources for which the customer or applicant may be
26      eligible.
27            (2)    Report to the commission annually residential
28      customer accounts which have accumulated $10,000 or more in
29      arrearages. Failure to make reasonable attempts to collect
30      payments on overdue accounts with arrearages in excess of

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 1      $10,000 may result in civil fines or other appropriate
 2      sanctions by the commission.
 3   § 1411.   Automatic meter readings.
 4      All readings by an automatic meter reader device shall be
 5   deemed actual readings for the purposes of this title. Upon a
 6   customer request, the public utility shall secure an in-person
 7   meter reading to confirm the accuracy of an automatic meter
 8   reading device when a customer disconnects service or a new
 9   service request is received. A public utility may charge a fee,
10   as provided in a commission-approved tariff.
11   § 1412.   Reporting of delinquent customers.
12      A city natural gas distribution operation shall report to the
13   Pennsylvania Intergovernmental Cooperation Authority established
14   pursuant to the act of June 5, 1991 (P.L.9, No.6), known as the
15   Pennsylvania Intergovernmental Cooperation Authority Act for
16   Cities of the First Class, an assisted city or corporate entity
17   of an assisted city, as those terms are defined in the
18   Pennsylvania Intergovernmental Cooperation Authority Act, that
19   has not paid in full for charges for service by the due dates
20   stated on the bill or otherwise agreed upon.
21   § 1413.   Reporting of recipients of public assistance.
22      The Department of Human Services shall annually make
23   available to all public utilities with signed LIHEAP vendor
24   agreements a listing of recipients of LIHEAP or any other
25   utility assistance administered by the Department of Human
26   Services or public assistance in the Commonwealth. A public
27   utility shall not use the listing for anything but qualification
28   and continued eligibility for a utility assistance program,
29   Department of Human Services-administered utility assistance
30   program or LIHEAP.

20250SB0154PN0104                  - 25 -
 1   § 1414.   Liens by city natural gas distribution operations.
 2      (a)    General rule.--A city natural gas distribution operation
 3   furnishing gas service to a property is entitled to impose or
 4   assess a municipal claim against the property and file as liens
 5   of record claims for unpaid natural gas distribution service and
 6   other related costs, including natural gas supply, in the court
 7   of common pleas of the county in which the property is situated
 8   or, if the claim for the unpaid natural gas distribution service
 9   does not exceed the maximum amount over which the Municipal
10   Court of Philadelphia has jurisdiction, in the Municipal Court
11   of Philadelphia, pursuant to sections 3 and 9 of the act of May
12   16, 1923 (P.L.207, No.153), referred to as the Municipal Claim
13   and Tax Lien Law, and Chapter 22 (relating to natural gas
14   competition).
15      (b)    Residential field visit charge.--A city natural gas
16   distribution operation is authorized to charge a minimum fee of
17   $10 for each instance in which its representative is required to
18   visit the residence of a customer in the process of attempting
19   to complete required service termination steps.
20      (c)    Refusal of service.--The commission shall permit a city
21   natural gas distribution operation to refuse to provide service
22   to an applicant if the applicant has a pending lien or civil
23   judgment by the city natural gas distribution operation
24   outstanding against the applicant or against property owned in
25   whole or in part by the applicant unless the applicant enters
26   into a payment arrangement for the payment of the amount
27   associated with the lien or judgment that remains outstanding at
28   the time of the application.
29   § 1415.   Reporting to General Assembly and Governor.
30      No later than five years following the effective date of this

20250SB0154PN0104                   - 26 -
 1   section and every five years thereafter, the commission shall
 2   submit a report to the Governor, the Chief Clerk of the House of
 3   Representatives and the Secretary of the Senate reviewing the
 4   implementation of the provisions of this chapter. The report
 5   shall include, but not be limited to:
 6             (1)   The degree to which the chapter's requirements have
 7      been successfully implemented.
 8             (2)   The effect upon the cash working capital or cash
 9      flow, uncollectible levels and collections of the affected
10      public utilities.
11             (3)   The level of access to public utility services by
12      residential customers, including low-income customers.
13             (4)   The effect upon the level of consumer complaints and
14      mediations filed with and adjudicated by the commission.
15   Public utilities affected by this chapter shall provide data
16   required by the commission to complete this report. In its
17   recommendations, the commission may also propose any legislative
18   or other changes which it deems appropriate to the Governor and
19   the General Assembly.
20   § 1416.    Notice.
21      Within 30 days of the effective date of this section, public
22   utilities affected by this chapter shall provide notice to the
23   customers explaining the changes to be implemented.
24   § 1417.    Nonapplicability.
25      This chapter shall not apply to victims under a protection
26   from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to
27   protection from abuse) or a court order issued by a court of
28   competent jurisdiction, which provides clear evidence of
29   domestic violence against the applicant or customer.
30   § 1418.    Construction.

20250SB0154PN0104                     - 27 -
1      Nothing in this chapter shall affect any rights or procedure
2   under the act of November 26, 1978 (P.L.1255, No.299), known as
3   the Utility Service Tenants Rights Act, or the provisions of
4   Subchapter B of Chapter 15 (relating to discontinuance of
5   service to leased premises).
6      Section 2.   This act shall take effect in 60 days.




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