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
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in Public Utility Code, providing for
responsible utility customer protection.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Part I of Title 66 of the Pennsylvania
Consolidated Statutes is amended by adding a chapter to read:
CHAPTER 14
RESPONSIBLE UTILITY CUSTOMER PROTECTION
Sec.
1401. Scope of chapter.
1402. Declaration of policy.
1403. Definitions.
1404. Cash deposits and household information requirements.
1405. Payment arrangements.
1406. Termination of utility service.
1407. Reconnection of service.
1408. Surcharges for uncollectible expenses prohibited.
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1409. Late payment charge waiver.
1410. Complaints filed with commission.
1410.1. Public utility duties.
1411. Automatic meter readings.
1412. Reporting of delinquent customers.
1413. Reporting of recipients of public assistance.
1414. Liens by city natural gas distribution operations.
1415. Reporting to General Assembly and Governor.
1416. Notice.
1417. Nonapplicability.
1418. Construction.
1419. Expiration.
§ 1401. Scope of chapter.
This chapter relates to protecting responsible customers of
public utilities.
§ 1402. Declaration of policy.
The General Assembly finds and declares as follows:
(1) Formal service rules were first adopted by the
Pennsylvania Public Utility Commission in 1978 with the
stated goal of enforcing uniform, fair and equitable
residential public utility service standards governing
eligibility criteria, credit and deposit practices, account
billing, termination and restoration of service procedures
and customer complaint procedures. These rules have not
successfully managed the issue of bill payment. Increasing
amounts of unpaid bills now threaten paying customers with
higher rates due to other customers' delinquencies.
(2) The General Assembly believes that it is now time to
revisit these rules and provide protections against rate
increases for timely paying customers resulting from other
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customers' delinquencies. The General Assembly seeks to
achieve greater equity by eliminating opportunities for
customers capable of paying to avoid the timely payment of
public utility bills.
(3) Through this chapter, the General Assembly seeks to
provide public utilities with an equitable means to reduce
their uncollectible accounts by modifying the procedures for
delinquent account collections and by increasing timely
collections. At the same time, the General Assembly seeks to
ensure that service remains available to all customers on
reasonable terms and conditions.
(4) The General Assembly believes that it is appropriate
to provide additional collection tools to city natural gas
distribution operations to recognize the financial
circumstances of the operations and protect their ability to
provide natural gas for the benefit of the residents of the
city.
(5) The General Assembly believes that it is appropriate
to recognize the applicability of this chapter to a water and
sewer authority in a city of the second class.
§ 1403. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Applicant." A natural person at least 18 years of age or an
emancipated minor not currently receiving service who applies
for residential service provided by a public utility or any
adult occupant whose name appears on the mortgage, deed or
lease , as identified in section 202 of the act of April 6, 1951
(P.L.69, No.20), known as The Landlord and Tenant Act of 1951,
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of the property for which the residential public utility service
is requested. The term does not include a person who, within 30
days after service termination or discontinuance of service,
seeks to have service reconnected at the same location or
transferred to another location within the service territory of
the public utility.
" Change in income. " A decrease in household income of 20% or
more if the customer's household income level exceeds 200% of
the Federal poverty level or a decrease in household income of
10% or more if the customer's household income level is 200% or
less of the Federal poverty level.
"City natural gas distribution operation." As defined in
section 102 (relating to definitions).
"Creditworthiness." An assessment of an applicant's or
customer's ability to meet bill payment obligations for utility
service.
"Customer." A natural person at least 18 years of age or an
emancipated minor in whose name a residential service account is
listed and who is primarily responsible for payment of bills
rendered for the service or any adult occupant whose name
appears on the mortgage, deed or lease , as identified in section
202 of The Landlord and Tenant Act of 1951, of the property for
which the residential utility service is requested. The term
includes a person who, within 30 days after service termination
or discontinuance of service, seeks to have service reconnected
at the same location or transferred to another location within
the service territory of the public utility.
" Customer assistance program. " A plan or program sponsored
by a public utility for the purpose of providing universal
service and energy conservation, as defined by section 2202
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(relating to definitions) or 2803 (relating to definitions), or
other assistance programs offered by a public utility, including
a water distribution utility or a wastewater utility, in which
customers make monthly payments based on household income and
household size and under which customers must comply with
certain responsibilities and restrictions in order to remain
eligible for the program.
" Electric distribution utility. " The term shall have the
same meaning as the term "electric distribution company" in
section 2803 (relating to definitions).
" Formal complaint. " A complaint filed before the commission
requesting a legal proceeding before a commission administrative
law judge or a mediation under the management of a commission
administrative law judge.
" Household income. " The combined gross income of all adults
at least 18 years of age and emancipated minors in a residential
household who benefit from the public utility service , excluding
earned income received by household members under 18 years of
age who are not emancipated .
" Informal complaint. " A complaint filed with the commission
by a customer that does not involve a legal proceeding before a
commission administrative law judge or a mediation under the
management of a commission administrative law judge.
" LIHEAP " or " Low Income Home Energy Assistance Program. " A
federally funded program authorized by 42 U.S.C. §§ 8621
(relating to home energy grants), 8622 (relating to
definitions), 8623 (relating to state allotments), 8624
(relating to applications and requirements), 8625 (relating to
nondiscrimination provisions), 8626 (relating to payments to
States; fiscal year requirements respecting availability, etc.),
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8627 (relating to withholding of funds), 8628 (relating to
limitation on use of grants for construction), 8629 (relating to
studies and reports) and 8630 (relating to renewable fuels) that
provides financial assistance in the form of cash and crisis
grants to low-income households for home energy bills and is
administered by the Department of Human Services.
"Medical certificate." A written document, in a form
approved by the commission:
(1) certifying that a customer or member of the
customer's household is seriously ill or has been diagnosed
with a medical condition which requires the continuation of
service to treat the medical condition; and
(2) signed by a licensed physician, nurse practitioner
or physician's assistant.
" Natural gas distribution service. " As defined in section
2202 (relating to definitions).
" Natural gas distribution utility. " The term s hall have the
same meaning as the term "natural gas distribution company" in
section 2202.
" Natural gas supply services. " As defined in section 2202.
" Occupant. " (Reserved).
"Payment arrangement." An agreement whereby a customer or
applicant who admits liability for billed service is permitted
to amortize or pay the unpaid balance of the account in one or
more payments.
"Public utility." Any electric distribution utility, natural
gas distribution utility, small natural gas distribution
utility, steam heat utility, wastewater utility or water
distribution utility in this Commonwealth that is within the
jurisdiction of the commission. The term includes a city natural
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gas distribution operation and a water and sewer authority in a
city of the second class.
" Significant change in circumstance. " Any of the following
criteria when verified by the public utility and experienced by
customers with household income less than 300% of the Federal
poverty level:
(1) The onset of a chronic or acute illness resulting in
a significant loss in the customer's household income.
(2) Catastrophic damage to the customer's residence
resulting in a significant net cost to the customer's
household.
(3) Loss of the customer's residence.
(4) Increase in the customer's number of dependents in
the household.
"Small natural gas distribution utility." A public utility
providing natural gas distribution services subject to the
jurisdiction of the commission that:
(1) has annual gas operating revenues of less than
$6,000,000 per year; or
(2) is not connected to an interstate gas pipeline by
means of a direct connection or any indirect connection
through the distribution system of another natural gas public
utility or through a natural gas gathering system.
"Steam heat utility." An entity producing, generating,
distributing or furnishing steam for the production of heat or
to or for the public for compensation.
"Wastewater utility." An entity owning or operating
equipment or facilities for the collection, treatment or
disposal of sewage to or for the public for compensation. The
term includes separate companies that individually provide water
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or wastewater service so long as the separate companies are
wholly owned by a common parent company.
" Water and sewer authority in a city of the second class. "
The term shall have the same meaning as the term " authority " in
section 3201 (relating to definitions).
" Water distribution utility. " An entity owning or operating
equipment or facilities for diverting, developing, pumping,
impounding, distributing or furnishing water to or for the
public for compensation.
§ 1404. Cash deposits and household information requirements.
(a) General rule.--In addition to the right to collect a
deposit under any commission regulation or order, the commission
shall not prohibit a public utility from requiring a cash
deposit, payable during a 90-day period in accordance with
commission regulations, in an amount that is equal to one-sixth
of the applicant's estimated annual bill, at the time the public
utility determines a deposit is required, from the following:
(1) An applicant who previously received utility
distribution services and was a customer of the public
utility and whose service was terminated for any of the
following reasons:
(i) Nonpayment of an undisputed delinquent account.
(ii) Failure to complete payment of a deposit,
provide a guarantee or establish credit.
(iii) Failure to permit access to meters, service
connections or other property of the public utility for
the purpose of replacement, maintenance, repair or meter
reading.
(iv) Unauthorized use of the utility service
delivered on or about the affected dwelling.
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(v) Failure to comply with the material terms of a
settlement or payment arrangement.
(vi) Fraud or material misrepresentation of identity
for the purpose of obtaining utility service.
(vii) Tampering with meters, including, but not
limited to, bypassing a meter or removal of an automatic
meter reading device or other public utility equipment.
(viii) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the delivery system of the public
utility.
(2) Any applicant or customer who is unable to establish
creditworthiness to the satisfaction of the public utility
through the use of a generally accepted credit scoring
methodology, as provided in a commission-approved tariff, and
which employs standards for using the methodology that fall
within the range of general industry practice.
(3) A customer who fails to comply with a material term
or condition of a settlement or payment arrangement.
(a.1) Cash deposit prohibition.--Notwithstanding subsection
(a), no public utility may require a customer or applicant that
is confirmed to be eligible for a customer assistance program to
provide a cash deposit.
(b) Third-party guarantor.--Nothing in this section shall be
construed to preclude an applicant from furnishing a third-party
guarantor in lieu of a cash deposit. The guaranty shall be in
writing and shall state the terms of the guaranty. The guarantor
shall be responsible for all missed payments owed to the public
utility.
(c) Deposit hold period.--
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(1) A public utility may hold a deposit until a timely
payment history is established.
(2) A timely payment history is established when a
customer has paid in full and on time for twelve consecutive
months.
(3) At the end of the deposit holding period as
established in paragraph (1), the public utility shall deduct
the outstanding balance from the deposit and return or credit
any positive difference to the customer.
(4) If service is terminated before the end of the
deposit holding period as established in paragraph (1), the
public utility shall deduct the outstanding balance from the
deposit and return any positive difference to the customer
within 60 days of the termination.
(5) If a customer becomes delinquent before the end of
the deposit holding period as established in paragraph (1),
the public utility may deduct the outstanding balance from
the deposit.
(6) The public utility shall accrue interest on the
deposit until it is returned or credited.
(i) Interest shall be computed at the simple annual
interest rate determined by the Secretary of Revenue for
interest on the underpayment of tax under section 806 of
the act of April 9, 1929 (P.L.343, No.176), known as The
Fiscal Code.
(ii) The interest rate in effect when deposit is
required to be paid shall remain in effect until the
later of:
(A) the date the deposit is refunded or
credited; or
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(B) December 31.
(iii) On January 1 of each year, the new interest
rate for that year will apply to the deposit.
(d) Adult occupants.--Prior to providing utility service, a
public utility may require the applicant to provide the names of
each adult occupant at least 18 years of age and each
emancipated minor residing at the location and proof of their
identity.
(e) Failure to pay full amount of cash deposit.--A public
utility shall not be required to provide service if the
applicant or customer fails to pay the full amount of the cash
deposit within the time period under subsection (a).
(f) City natural gas distribution operation; additional
deposit rules for city natural gas distribution operations.--
Except for applicants who are subject to a deposit under
subsection (a), a city natural gas distribution operation may
require a deposit from the applicant as follows:
(1) if an applicant has household income above 300% of
the Federal poverty level, one-sixth of the applicant's
estimated annual bill paid in full at the time the city
natural gas distribution operation determines a deposit is
required; or
(2) if an applicant has household income no greater than
300% of the Federal poverty level, one-twelfth of the
applicant's estimated annual bill paid in full at the time
the city natural gas distribution operation determines a
deposit is required. Applicants who enroll into the Customer
Assistance Program made available by the city natural gas
distribution operation are not subject to this paragraph.
(g) Estimated annual bill.--When used in this section, an
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estimated annual bill shall be calculated on the basis of the
annual bill to the dwelling at which service is being requested
for the prior 12 months or, if unavailable, a similar dwelling
in close proximity.
(h) Time for paying deposits upon reconnection.--Applicants
and customers required to pay a deposit upon reconnection under
subsection (a)(1) shall have up to 90 days to pay the deposit in
accordance with commission regulations.
§ 1405. Payment arrangements.
(a) General rule.--The commission is authorized to
investigate complaints regarding payment disputes between a
public utility, applicants and customers. The commission is
authorized to establish payment arrangements between a public
utility, customers and applicants within the limits established
by this chapter. The request for a payment arrangement is
properly viewed as a request for an initial payment arrangement
if a previous payment arrangement has been completed as a result
of the customer making payments sufficient to retire the entire
balance that was the subject of that payment arrangement.
(b) Length of payment arrangements.--The length of time for
a customer to resolve an unpaid balance on an account that is
subject to a payment arrangement that is investigated by the
commission and is entered into by a public utility and a
customer shall not extend beyond:
(1) Six years for customers with a gross monthly
household income level not exceeding 150% of the Federal
poverty level.
(2) Four years for customers with a gross monthly
household income level exceeding 150% and not more than 250%
of the Federal poverty level.
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(3) Two years for customers with a gross monthly
household income level exceeding 250% of the Federal poverty
level and not more than 300% of the Federal poverty level.
(4) One year for customers with a gross monthly
household income level exceeding 300% of the Federal poverty
level.
(c) Customer assistance programs.--Customer assistance
program rates shall be timely paid and shall not be the subject
of payment arrangements negotiated or approved by the
commission.
(d) Number of payment arrangements.--Absent a change in
income, the commission shall not establish or order a public
utility to establish a second or subsequent payment arrangement
if a customer has defaulted on a previous payment arrangement
established by a commission order or decision. A public utility
may, at its discretion, enter into a second or subsequent
payment arrangement with a customer.
(e) Extension of payment arrangements.--If the customer
defaults on a payment arrangement established under subsections
(a) and (b) as a result of a significant change in circumstance,
the commission may reinstate the payment arrangement and extend
the remaining term for an initial period of six months. The
initial extension period may be extended for an additional six
months for good cause shown.
(f) Failure to comply with payment arrangement.--Failure of
a customer to comply with the terms of a payment arrangement
shall be grounds for a public utility to terminate the
customer's service. Pending the outcome of a complaint filed
with the commission, a customer shall be obligated to pay that
portion of the bill which is not in dispute and subsequent bills
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which are not in dispute.
§ 1406. Termination of utility service.
(a) Authorized termination.--A public utility may notify a
customer and terminate service provided to a customer after
notice as provided in subsection (b) for any of the following
actions by the customer:
(1) Nonpayment of an undisputed delinquent account.
(2) Failure to comply with the material terms of a
payment arrangement.
(3) Failure to complete payment of a deposit, provide a
guarantee of payment or establish credit.
(4) Failure to permit access to meters, service
connections or other property of the public utility for the
purpose of replacement, maintenance, repair or meter reading.
(b) Notice of termination of service.--
(1) Prior to terminating service under subsection (a), a
public utility:
(i) Shall provide written notice of the termination
to the customer at least 14 days prior to the date of the
proposed termination. The termination notice shall remain
effective for 70 days. The written notice shall be mailed
by first class mail to the customer and provided by
electronic means if the customer affirmatively consents
to receive electronic notice of termination and if the
public utility has the capability to provide electronic
notification. Electronic notice of termination shall mean
by either email, text or both if both are provided to the
utility with appropriate consent.
(ii) Shall attempt to contact the customer or
occupant to provide notice of the proposed termination at
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least three days prior to the scheduled termination,
using one or more of the following methods:
(A) in person;
(B) by telephone. Phone contact shall be deemed
complete upon attempted calls on two separate days to
the residence between the hours of 8 a.m. and 9 p.m.
if the calls were made at various times each day; or
(C) by e-mail, text message or other electronic
messaging format consistent with the commission's
privacy guidelines and approved by commission order.
(D) In the case of electronic notification only,
the customer must affirmatively consent to be
contacted using a specific electronic messaging
format for purpose of termination.
(iii) During the months of December through March,
unless personal contact has been made with the customer
or responsible adult at least 18 years of age or an
emancipated minor by personally visiting the customer's
residence, the public utility shall, within 48 hours of
the scheduled date of termination, post a notice of the
proposed termination at the service location in a
conspicuous location.
(iv) After complying with subparagraphs (i), (ii)
and (iii), the public utility shall, at the time service
is terminated , post a notice of termination in a
conspicuous location at the service location . Termination
of service shall not be delayed for failure to make
personal contact.
(2) The public utility shall not be required by the
commission to take any additional actions prior to
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termination.
(c) Grounds for immediate termination.--
(1) A public utility may immediately terminate service
for any of the following actions by the customer:
(i) Unauthorized use of the service delivered on or
about the affected dwelling.
(ii) Fraud or material misrepresentation of the
customer's identity for the purpose of obtaining service.
(iii) Tampering with meters or other public utility
equipment.
(iv) Violating tariff provisions on file with the
commission so as to endanger the safety of a person or
the integrity of the public utility's delivery system.
(v) Tendering payment for reconnection of service
that is subsequently dishonored, revoked, canceled or
otherwise not authorized under subsection (h) and which
has not been cured or otherwise made full payment within
three business days of the public utility's notice to the
customer, made in accordance with the notice provisions
of subsection (b)(1)(ii), of the dishonored payment.
(2) Upon termination, the public utility shall make a
good faith attempt to provide a post termination notice to
the customer or a responsible person at the affected
premises, and, in the case of a single meter, multiunit
dwelling, the public utility shall conspicuously post the
notice at the dwelling, including in common areas when
possible.
(d) Timing of termination.--Notwithstanding the provisions
of section 1503 (relating to discontinuance of service), a
public utility may terminate service for the reasons set forth
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in subsection (a) from Monday through Thursday as long as the
public utility can accept payment to restore service on the
following day and can restore service consistent with section
1407 (relating to reconnection of service).
(e) Winter termination.--
(1) Unless otherwise authorized by the commission, after
November 30 and before April 1, an electric distribution
utility or natural gas distribution utility shall not
terminate service to customers with household incomes at or
below 250% of the Federal poverty level except for customers
whose actions conform to subsection (c)(1). The commission
shall not prohibit an electric distribution utility or
natural gas distribution utility from terminating service in
accordance with this section to customers with household
incomes exceeding 250% of the Federal poverty level.
(2) In addition to the winter termination authority set
forth in paragraph (1), a city natural gas distribution
operation may terminate service to a customer whose household
income exceeds 150% of the Federal poverty level but does not
exceed 250% of the Federal poverty level, and starting
January 1, has not paid at least 50% of the charges for each
of the prior two months unless the customer has done one of
the following:
(i) Has proven in accordance with commission rules
that the household contains one or more persons who are
65 years of age or over.
(ii) Has proven in accordance with commission rules
that the household contains one or more persons 12 years
of age or younger.
(iii) Has obtained a medical certification in
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accordance with commission rules.
(iv) Has paid to the city natural gas distribution
operation an amount representing at least 15% of the
customer's monthly household income for each of the last
two months.
(3) At the time that the notice of termination required
by subsection (b)(1)(i) is provided to the customer, the city
natural gas distribution operation shall provide notice to
the commission. The commission shall not stay the termination
of service unless the commission finds that the customer
meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).
(f) Medical certification.--A public utility shall not
terminate service to a premises when a customer has submitted a
medical certificate to the public utility. The customer shall
obtain a medical certificate verifying the condition and shall
promptly forward it to the public utility. The medical
certification procedure shall be implemented in accordance with
commission regulations. The following apply:
(1) Service may not be terminated for the time period
specified in a medical certification. The maximum length of
the certification shall be 60 days.
(2) Certifications may be renewed in the same manner and
for the same time period as provided in this section if the
customer has met the obligation to make payment on all new
undisputed charges and provide payment towards any undisputed
outstanding balance with a minimum payment amount determined
by the commission, which shall be no less than $10.
(g) Qualification for LIHEAP or other utility assistance.--A
notice of termination to a customer of a public utility shall be
sufficient proof of a crisis for a customer with the requisite
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income level to receive a LIHEAP Crisis Grant or utility
assistance from the Department of Human Services or its designee
as soon as practicable after the date of the notice. Termination
of service is not necessary to demonstrate sufficient proof of
crisis.
(h) Dishonorable tender of payment after receiving
termination notice.--
(1) After a public utility has provided a written
termination notice under subsection (b)(1)(i), attempted
contact as provided in subsection (b)(1)(ii) and posted the
notice of termination at the service location as provided in
subsection (b)(1)(iv) , termination of service may proceed
without additional notice if:
(i) a customer tenders payment which is subsequently
dishonored under 13 Pa.C.S. § 3502 (relating to
dishonor);
(ii) a customer tenders payment with an access
device, as defined in 18 Pa.C.S. § 4106(d) (relating to
access device fraud), which is unauthorized, revoked or
canceled; or
(iii) a customer tenders payment electronically that
is subsequently dishonored, revoked, canceled or is
otherwise not authorized and which has not been cured or
otherwise made full payment within three business days of
the public utility's notice to the customer, made in
accordance with the notice provisions of subsection (b)
(1)(ii), of the dishonored payment.
(2) The public utility shall not be required by the
commission to take any additional actions prior to the
termination.
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§ 1407. Reconnection of service.
(a) Fee.--A public utility may require a reconnection fee
based upon the public utility's cost as approved by the
commission prior to reconnection of service following lawful
termination of the service.
(a.1) Reconnection fee reimbursements.--Notwithstanding
subsection (a), a public utility shall return or credit a
customer's or applicant's reconnection fee who is enrolled in a
utility assistance program if the customer remains enrolled for
a duration of at least six months.
(b) Timing.--When service to a dwelling has been terminated
and provided the customer or applicant has met all applicable
conditions, the public utility shall reconnect service as
follows:
(1) Within 24 hours for erroneous terminations or upon
receipt by the public utility of a valid medical
certification.
(2) Within 24 hours for terminations occurring after
November 30 and before April 1.
(3) Within three days for erroneous terminations
requiring street or sidewalk digging.
(4) Within three days from April 1 to November 30 for
proper terminations.
(5) Within seven days for proper terminations requiring
street or sidewalk digging.
(c) Payment to restore service.--
(1) A public utility shall provide for and inform the
applicant or customer of a location where the customer can
make payment to restore service.
(2) A public utility may require:
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(i) Full payment of any outstanding balance incurred
together with any reconnection fees by the customer or
applicant prior to reconnection of service if the
customer or applicant has an income exceeding 300% of the
Federal poverty level or has defaulted on two or more
payment arrangements. If a customer or applicant with
household income exceeding 300% of the Federal poverty
level experiences a life event, the customer or applicant
shall be permitted a period of not more than three months
to pay the outstanding balance required for reconnection.
For purposes of this subparagraph, a life event is:
(A) A job loss that extended beyond nine months.
(B) A serious illness that extended beyond nine
months.
(C) Death of the primary wage earner.
(ii) Full payment of any reconnection fees together
with repayment over 12 months of any outstanding balance
incurred by the customer or applicant if the customer or
applicant has an income exceeding 150% of the Federal
poverty level but not greater than 300% of the Federal
poverty level.
(iii) Full payment of any reconnection fees together
with payment over 24 months of any outstanding balance
incurred by the customer or applicant if the customer or
applicant has an income not exceeding 150% of the Federal
poverty level. A customer or applicant of a city natural
gas distribution operation whose household income does
not exceed 135% of the Federal poverty level shall be
reinstated pursuant to this subsection only if the
customer or applicant enrolls in the customer assistance
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program of the city natural gas distribution operation
except that this requirement shall not apply if the
financial benefits to such customer or applicant are
greater if served outside of that assistance program.
(3) Payment tendered by a customer to reconnect service
that is subsequently dishonored, revoked, canceled or is
otherwise not authorized under section 1406(h)(1) (relating
to termination of utility service) and which has not been
cured or otherwise made full payment within three business
days of the public utility's notice to the customer, made in
accordance with the notice provisions of section 1406(b)(1)
(ii), of the dishonored payment is grounds for immediate
termination under section 1406(c). A public utility may
require a customer or applicant to cure a dishonored payment,
as provided for in section 1406(h), as a condition of
entering into a payment agreement with the customer or
applicant for a remaining account balance.
(d) Payment of outstanding balance at premises.--A public
utility may also require the payment of any outstanding balance
or portion of an outstanding balance if the applicant resided at
the property for which service is requested during the time the
outstanding balance accrued and for the time the applicant
resided there.
(e) Approval.--A public utility may establish that an
applicant previously resided at a property for which residential
service is requested through the use of information on a
mortgage, deed or lease as identified in section 202 of the act
of April 6, 1951 (P.L.69, No.20), known as The Landlord and
Tenant Act of 1951 , a commercially available consumer credit
reporting service or other methods approved as valid by the
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commission.
§ 1408. Surcharges for uncollectible expenses prohibited.
The commission shall not grant or order for any public
utility a cash receipts reconciliation clause or another
automatic surcharge mechanism for uncollectible expenses. Any
orders by the commission entered after the effective date of
this section for a cash receipts reconciliation clause or other
automatic surcharge for uncollectible expenses shall be null and
void. This section shall not affect any clause associated with
universal service and energy conservation.
§ 1409. Late payment charge waiver.
A public utility shall waive late payment charges on any
customer accounts if the charges were improperly assessed. The
commission may order a waiver of any late payment charges levied
by a public utility as a result of a delinquent account for
customers with a gross monthly household income not exceeding
150% of the Federal poverty level.
§ 1410. Complaints filed with commission.
The following apply:
(1) The commission shall accept formal and informal
complaints only from customers or applicants who affirm that
they have first contacted the public utility for the purpose
of resolving the problem about which the customer wishes to
file a complaint. If the customer has not contacted the
public utility, the commission shall direct the customer to
the public utility.
(2) Pending the outcome of a formal or informal
complaint filed with the commission, the customer shall be
obligated to pay that portion of the bill which is not in
dispute and subsequent bills which are not in dispute.
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(3) For a formal complaint filing to be valid, the
customer or applicant must provide a statement attesting to
the truth as to the facts alleged in the complaint. All
testimony in formal complaint proceedings must be under oath.
§ 1410.1. Public utility duties.
(a) Payment agreement.--When a customer or applicant
contacts a public utility to make a payment agreement as
required by section 1410 (relating to complaints filed with
commission), the public utility shall:
(1) Provide information about the public utility's
universal service programs, including a customer assistance
program.
(2) Refer the customer or applicant to the universal
service program administrator of the public utility to
determine eligibility for a program and to apply for
enrollment in a program.
(3) Have an affirmative responsibility to attempt to
collect payment on an overdue account.
(4) Report to the commission on an annual basis the
number of medical certificates and renewals submitted and
accepted in the service territory.
(b) Duties.--The public utility shall:
(1) Contact customers with arrearages over 90 days past
due to offer payment arrangements, referrals and other
resources for which the customer or applicant may be
eligible.
(2) Report to the commission annually residential
customer accounts which have accumulated $10,000 or more in
arrearages. Failure to make reasonable attempts to collect
payments on overdue accounts with arrearages in excess of
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$10,000 may result in civil fines or other appropriate
sanctions by the commission.
§ 1411. Automatic meter readings.
All readings by an automatic meter reader device shall be
deemed actual readings for the purposes of this title. Upon a
customer request, the public utility shall secure an in-person
meter reading to confirm the accuracy of an automatic meter
reading device when a customer disconnects service or a new
service request is received. A public utility may charge a fee,
as provided in a commission-approved tariff.
§ 1412. Reporting of delinquent customers.
A city natural gas distribution operation shall report to the
Pennsylvania Intergovernmental Cooperation Authority established
pursuant to the act of June 5, 1991 (P.L.9, No.6) , known as the
Pennsylvania Intergovernmental Cooperation Authority Act for
Cities of the First Class, an assisted city or corporate entity
of an assisted city, as those terms are defined in the
Pennsylvania Intergovernmental Cooperation Authority Act, that
has not paid in full for charges for service by the due dates
stated on the bill or otherwise agreed upon.
§ 1413. Reporting of recipients of public assistance.
The Department of Human Services shall annually make
available to all public utilities with signed LIHEAP vendor
agreements a listing of recipients of LIHEAP or any other
utility assistance administered by the Department of Human
Services or public assistance in the Commonwealth. A public
utility shall not use the listing for anything but qualification
and continued eligibility for a utility assistance program ,
Department of Human Services-administered utility assistance
program or LIHEAP.
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§ 1414. Liens by city natural gas distribution operations.
(a) General rule.--A city natural gas distribution operation
furnishing gas service to a property is entitled to impose or
assess a municipal claim against the property and file as liens
of record claims for unpaid natural gas distribution service and
other related costs, including natural gas supply, in the court
of common pleas of the county in which the property is situated
or, if the claim for the unpaid natural gas distribution service
does not exceed the maximum amount over which the Municipal
Court of Philadelphia has jurisdiction, in the Municipal Court
of Philadelphia, pursuant to sections 3 and 9 of the act of May
16, 1923 (P.L.207, No.153) , referred to as the Municipal Claim
and Tax Lien Law, and Chapter 22 (relating to natural gas
competition).
(b) Residential field visit charge.--A city natural gas
distribution operation is authorized to charge a minimum fee of
$10 for each instance in which its representative is required to
visit the residence of a customer in the process of attempting
to complete required service termination steps.
(c) Refusal of service.--The commission shall permit a city
natural gas distribution operation to refuse to provide service
to an applicant if the applicant has a pending lien or civil
judgment by the city natural gas distribution operation
outstanding against the applicant or against property owned in
whole or in part by the applicant unless the applicant enters
into a payment arrangement for the payment of the amount
associated with the lien or judgment that remains outstanding at
the time of the application.
§ 1415. Reporting to General Assembly and Governor.
No later than five years following the effective date of this
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section and every five years thereafter, the commission shall
submit a report to the Governor, the Chief Clerk of the House of
Representatives and the Secretary of the Senate reviewing the
implementation of the provisions of this chapter. The report
shall include, but not be limited to:
(1) The degree to which the chapter's requirements have
been successfully implemented.
(2) The effect upon the cash working capital or cash
flow, uncollectible levels and collections of the affected
public utilities.
(3) The level of access to public utility services by
residential customers, including low-income customers.
(4) The effect upon the level of consumer complaints and
mediations filed with and adjudicated by the commission.
Public utilities affected by this chapter shall provide data
required by the commission to complete this report. In its
recommendations, the commission may also propose any legislative
or other changes which it deems appropriate to the Governor and
the General Assembly.
§ 1416. Notice.
Within 30 days of the effective date of this section, public
utilities affected by this chapter shall provide notice to the
customers explaining the changes to be implemented.
§ 1417. Nonapplicability.
This chapter shall not apply to victims under a protection
from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to
protection from abuse) or a court order issued by a court of
competent jurisdiction, which provides clear evidence of
domestic violence against the applicant or customer.
§ 1418. Construction.
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Nothing in this chapter shall affect any rights or procedure
under the act of November 26, 1978 (P.L.1255, No.299), known as
the Utility Service Tenants Rights Act, or the provisions of
Subchapter B of Chapter 15 (relating to discontinuance of
service to leased premises).
Section 2. This act shall take effect in 60 days.
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