H0939B2150A02644 BIL:JMM 06/26/13 #90 A02644

 

 

 

 

AMENDMENTS TO HOUSE BILL NO. 939

Sponsor: REPRESENTATIVE THOMAS

Printer's No. 2150

 

1Amend Bill, page 1, lines 1 through 11, by striking out all
2of said lines and inserting

3Amending Title 66 (Public Utilities) of the Pennsylvania 
4Consolidated Statutes, in responsible utility customer 
5protection, further providing for declaration of policy, for 
6definitions, for cash deposits and household information 
7requirements, for payment agreements, for termination of 
8utility service, for reconnection of service, for complaints 
9filed with commission and for automatic meter readings; 
10repealing provisions relating to liens; further providing for 
11reporting to General Assembly and Governor, for 
12nonapplicability and for construction; and providing for 
13expiration of chapter.

14Amend Bill, page 2, lines 11 through 30; pages 3 through 13,
15lines 1 through 30; page 14, lines 1 through 23, by striking out
16all of said lines on said pages and inserting

17Section 1. Section 1402 of Title 66 of the Pennsylvania
18Consolidated Statutes is amended to read:

19§ 1402. Declaration of policy.

20The General Assembly finds and declares as follows:

21(1) Formal service rules were first adopted by the
22Pennsylvania Public Utility Commission in 1978 with the
23stated goal of enforcing uniform, fair and equitable
24residential utility service standards governing eligibility
25criteria, credit and deposit practices, account billing,
26termination and restoration of service procedures and
27customer complaint procedures. [These rules have not
28successfully managed the issue of bill payment. Increasing
29amounts of unpaid bills now threaten paying customers with
30higher rates due to other customers' delinquencies.] These 
31rules were revised with the addition of this chapter in 2005, 
32and 52 Pa. Code Ch. 56 (relating to standards and billing 
33practices for residential utility service) was amended 
34accordingly in 2011. Increasing numbers of service 
35terminations and customers entering the winter without heat-


1related service threatens the health and safety of 
2Pennsylvania residents.

3(2) The General Assembly believes that it is now time to
4revisit these rules and provide protections against [rate
5increases for timely paying customers resulting from other
6customers' delinquencies] premature service terminations. The
7General Assembly seeks to achieve greater equity by
8[eliminating opportunities for customers capable of paying to
9avoid the timely payment of public utility bills] providing 
10fair opportunities to customers to bring their public utility 
11bills current.

12(3) Through this chapter, the General Assembly seeks to
13provide public utilities with an equitable means to reduce
14their uncollectible accounts by modifying the procedures for
15delinquent account collections and by increasing timely
16collections. At the same time, the General Assembly seeks to
17ensure that service remains available to all customers on
18reasonable terms and conditions.

19(4) The General Assembly believes that it is appropriate
20to [provide] eliminate the most unused additional collection
21tools to city natural gas distribution operations [to
22recognize the financial circumstances of the operations and
23protect their ability to provide natural gas for the benefit
24of the residents of the city].

25Section 2. The definitions of "applicant," "change in
26income," "customer," "customer assistance program," "informal
27complaint," "payment agreement," public utility" and
28"significant change in circumstance" in section 1403 of Title 66 
29are amended and the section is amended by adding definitions to
30read:

31§ 1403. Definitions.

32The following words and phrases when used in this chapter
33shall have the meanings given to them in this section unless the
34context clearly indicates otherwise:

35"Applicant." A natural person not currently receiving
36service who applies for residential service provided by a public
37utility or any adult occupant whose name appears on the
38mortgage, deed or lease of the property for which the
39residential utility service is requested. The term does not 
40include a person who, within 60 days after service termination 
41or discontinuance of service, seeks to have service reconnected 
42at the same location or transferred to another location within 
43the service territory of the public utility.

44"Change in income." A decrease in household income of 20% or
45more if the customer's or applicant's household income level
46exceeds 200% of the Federal poverty level or a decrease in
47household income of 10% or more if the customer's or applicant's
48household income level is 200% or less of the Federal poverty
49level.

50"Customer." A natural person in whose name a residential
51service account is listed and who is primarily responsible for

1payment of bills rendered for the service, including the period 
260 days after discontinuance or termination of services, or any
3adult occupant whose name appears on the mortgage, deed or lease
4of the property for which the residential utility service is
5requested.

6"Customer assistance program." A plan or program sponsored
7by a public utility for the purpose of providing universal
8service and energy conservation, as defined by section 2202
9(relating to definitions) or 2803 (relating to definitions), in
10which customers make monthly payments based on household income
11and household size, not to exceed maximum energy burdens
12established by the Pennsylvania Public Utility Commission, and
13under which customers or applicants must comply with certain
14responsibilities and restrictions in order to remain eligible
15for the program. Enrollment of a customer or applicant into a
16customer assistance program or the provision of customer
17assistance program benefits to a customer does not constitute a
18payment arrangement.

19* * *

20"Informal complaint." A complaint filed with the
21Pennsylvania Public Utility Commission by a customer or 
22applicant that does not involve a legal proceeding before a
23Pennsylvania Public Utility Commission administrative law judge
24or a mediation under the management of a Pennsylvania Public
25Utility Commission administrative law judge.

26* * *

27"Medical Certificate." A written document:

28(1) certifying that a customer or member of the
29customer's household is seriously ill or afflicted with a
30medical condition which will be aggravated by cessation of
31service; and

32(2) signed by a licensed physician, nurse practitioner, 
33midwife, physician's assistant or other licensed or certified 
34nurse.

35* * *

36"Payment [agreement] arrangement." An agreement whereby a
37customer who admits liability for billed service is permitted to
38amortize or pay the unpaid balance of the account [in one or
39more payments] over a period of at least six months.

40"Public utility." Any electric distribution utility, natural
41gas distribution utility, small natural gas distribution 
42utility, steam heat utility, wastewater utility or water
43distribution utility in this Commonwealth that is within the
44jurisdiction of the Pennsylvania Public Utility Commission.

45"Significant change in circumstance." Any of the following
46criteria when verified by the public utility and experienced by
47customers or applicants with household income less than 300% of
48the Federal poverty level:

49(1) The onset of a chronic or acute illness resulting in
50a significant loss in the customer's household income.

51(2) Catastrophic damage to the customer's residence

1resulting in a significant net cost to the customer's
2household.

3(3) Loss of the customer's residence.

4(4) Increase in the customer's number of dependents in
5the household.

6(5) Loss of employment.

7(6) Death of primary income provider.

8(7) Lack of service for 30 days or more.

9(8) The onset of the cold weather period commencing
10October 15 through March 31.

11(9) Unforeseeable increase in household expenses.

12(10) Other individual factors deemed appropriate by the
13Pennsylvania Public Utility Commission.

14"Small natural gas distribution utility." A public utility
15providing natural gas distribution services subject to the
16jurisdiction of the commission that:

17(1) has annual gas operating revenues of less than
18$6,000,000 per year; or

19(2) is not connected to an interstate gas pipeline by
20means of a direct connection or any indirect connection
21through the distribution system of another natural gas public
22utility or through a natural gas gathering system.

23"Steam heat utility." An entity producing, generating,
24distributing or furnishing steam for the production of heat or
25to or for the public for compensation.

26"Unauthorized use of utility service." Unreasonable
27interference or diversion of service, including any act that
28affects the proper registration of service through a meter or
29unmetered service that flows through a device connected between
30a service line and customer-owned facilities and unauthorized
31service restoration.

32"Wastewater utility." An entity owning or operating
33equipment or facilities for the collection, treatment or
34disposal of sewage to or for the public for compensation. The
35term includes separate companies that individually provide water
36or wastewater service so long as the separate companies are
37wholly owned by a common parent company.

38* * *

39Section 3. Sections 1404, 1405, 1406, 1407, 1410 and 1411 of
40Title 66 are amended to read:

41§ 1404. Cash deposits and household information requirements.

42(a) General rule.--In addition to the right to collect a
43deposit under any commission regulation or order, [the
44commission shall not prohibit] a public utility, [prior to or as
45a condition of providing utility service, from requiring] may 
46require a cash deposit, payable during a 90-day period, 50% with 
47the first bill, 25% with the second bill and 25% with the third 
48bill, in an amount that is equal to [one-sixth] one-twelfth of
49the applicant's estimated annual bill[, at the time the public
50utility determines a deposit is required,] from the following:

51(1) An applicant who previously received utility

1distribution services and was a customer of the public
2utility and whose service was terminated for any of the
3following reasons:

4(i) Nonpayment of an undisputed delinquent account.

5(ii) Failure to complete payment of a deposit,
6provide a guarantee or establish credit in accordance 
7with a generally accepted method approved by the 
8commission.

9(iii) Failure to permit access to meters, service
10connections or other property of the public utility for
11the purpose of replacement, maintenance, repair or meter
12reading.

13(iv) Unauthorized use of the utility service
14delivered on or about the affected dwelling.

15(v) Failure to comply with the material terms of a
16settlement or payment [agreement] arrangement.

17(vi) Fraud or material misrepresentation of identity
18for the purpose of obtaining utility service.

19(vii) Tampering with meters, including, but not
20limited to, bypassing a meter or removal of an automatic
21meter reading device or other public utility equipment.

22(viii) Violating tariff provisions on file with the
23commission so as to endanger the safety of a person or
24the integrity of the delivery system of the public
25utility.

26(2) Any applicant or customer who is unable to establish
27creditworthiness [to the satisfaction of the public utility]
28through the use of a generally accepted credit scoring
29methodology [which employs standards for using the 
30methodology that fall within the range of general industry 
31practice], as provided in a commission-approved tariff.

32(3) A customer who fails to comply with a material term
33or condition of a settlement or payment [agreement]
34arrangement.

35(b) Third-party guarantor.--Nothing in this section shall be
36construed to preclude an applicant from furnishing a third-party
37guarantor in lieu of a cash deposit. The guaranty shall be in
38writing and shall state the terms of the guaranty. The guarantor
39shall be responsible for [all missed payments owed to the public
40utility] the amount of the deposit that would otherwise be 
41required under this section.

42(c) Deposit hold period.--

43(1) A public utility may hold a deposit until a timely
44payment history is established [or for a maximum period of 24
45months]. The period shall not exceed 18 months.

46(2) A timely payment history is established when a
47customer has paid in full and on time for twelve consecutive
48months.

49(3) At the end of the deposit holding period as
50established in paragraph (1), the public utility shall deduct
51the outstanding balance from the deposit and return or credit

1any positive difference to the customer.

2(4) If service is terminated before the end of the
3deposit holding period as established in paragraph (1), the
4public utility shall deduct the outstanding balance from the
5deposit and return any positive difference to the customer
6within 60 days of the termination.

7(5) If a customer becomes delinquent before the end of
8the deposit holding period as established in paragraph (1),
9the public utility may deduct the outstanding balance from
10the deposit.

11(6) The public utility shall accrue interest on the
12deposit until it is returned or credited [the legal rate of
13interest pursuant to section 202 of the act of January 30, 
141974 (P.L.13, No.6), referred to as the Loan Interest and 
15Protection Law, and return such interest with the deposit].

16(i) Interest shall be computed at the simple annual
17interest rate determined by the Secretary of Revenue for
18interest on the underpayment of tax under section 806 of
19the act of April 9, 1929 (P.L.343, No.176), known as The
20Fiscal Code.

21(ii) The interest rate in effect when deposit is
22required to be paid shall remain in effect until the
23later of:

24(A) the date the deposit is refunded or
25credited; or

26(B) December 31.

27(iii) On January 1 of each year, the new interest
28rate for that year will apply to the deposit.

29[(d) Adult occupants.--Prior to providing utility service, a
30public utility may require the applicant to provide the names of
31each adult occupant residing at the location and proof of their
32identity.]

33(e) Failure to pay full amount of cash deposit.--A public
34utility[ shall not be required to provide service] may terminate 
35service, following notice pursuant to commission regulations, if
36the applicant or customer fails to pay the full amount of the
37cash deposit by the end of the 90-day payment period.

38[(f) City natural gas distribution operation; additional
39deposit rules for city natural gas distribution operations.--
40Except for applicants who are subject to a deposit under
41subsection (a), a city natural gas distribution operation may
42require a deposit from the applicant as follows:

43(1) If an applicant has household income above 300% of
44the Federal poverty level, one-sixth of the applicant's
45estimated annual bill paid in full at the time the city
46natural gas distribution operation determines a deposit is
47required; or

48(2) If an applicant has household income no greater than
49300% of the Federal poverty level, one-twelfth of the
50applicant's estimated annual bill paid in full at the time
51the city natural gas distribution operation determines a

1deposit is required. Applicants who enroll into the Customer
2Assistance Program made available by the city natural gas
3distribution operation are not subject to this paragraph.]

4(g) Estimated annual bill.--When used in this section, an
5estimated annual bill shall be calculated on the basis of the
6annual bill to the dwelling at which service is being requested
7for the prior 12 months or, if unavailable, a similar dwelling
8in close proximity. In cases in which customers and applicants 
9are newly enrolled in a customer assistance program, any 
10deposits will be waived. In other instances when a customer or 
11applicant previously enrolled in a customer assistance program 
12is required to pay a deposit, that deposit shall be limited to 
13no more than the amount of one month's bill under the customer 
14assistance program.

15(h) Time for paying deposits upon reconnection.--Applicants
16and customers required to pay a deposit upon reconnection under
17subsection (a)(1) shall have up to 90 days to pay the deposit in
18accordance with commission regulations.

19§ 1405. Payment [agreements] arrangements.

20(a) General rule.--The commission is authorized to
21investigate complaints regarding payment disputes between a
22public utility, applicants and customers. The commission is
23authorized to establish payment [agreements] arrangements
24between a public utility, customers and applicants within the
25limits established by this chapter.

26(b) Length of payment [agreements] arrangements.--The length
27of time for a customer to resolve an unpaid balance on an
28account that is subject to a payment [agreement] arrangement
29that is investigated by the commission and is entered into by a
30public utility and a customer shall not extend beyond:

31(1) Five years for customers with a gross monthly
32household income level not exceeding 150% of the Federal
33poverty level.

34(2) [Two] Four years for customers with a gross monthly
35household income level exceeding 150% and not more than 250%
36of the Federal poverty level.

37(3) [One year] Three years for customers with a gross
38monthly household income level exceeding 250% of the Federal
39poverty level and not more than 300% of the Federal poverty
40level.

41(4) [Six months] One year for customers with a gross
42monthly household income level exceeding 300% of the Federal
43poverty level.

44(c) Customer assistance programs.--[Customer assistance
45program rates shall be timely paid and shall not be the subject
46of payment agreements negotiated or approved by the commission.]
47When a customer or applicant contacts a public utility to make 
48payment arrangements, the public utility shall notify the 
49customer or applicant verbally and in writing about the public 
50utility's customer assistance program, inquire about the 
51customer's or applicant's eligibility for a customer assistance
 

1program, and enroll an eligible customer into the customer 
2assistance program, with the customer's consent.

3(d) Number of payment [agreements] arrangements.--Absent a
4change in income, the commission shall not establish or order a
5public utility to establish a second or subsequent payment
6[agreement] arrangement if a customer has defaulted on a
7previous payment [agreement. A] arrangement established by a 
8commission order or decision. In addition, a public utility may,
9at its discretion, enter into [a second or subsequent payment
10agreement with a customer] payment arrangements, not established 
11or ordered by the commission, in accordance with regulations 
12established by the commission.

13(e) Extension of payment [agreements] arrangements.--If the
14customer defaults on a payment [agreement] arrangement
15established under subsections (a) and (b) as a result of a
16significant change in circumstance, the commission may reinstate
17the payment [agreement] arrangement and extend the remaining
18term for an initial period of six months. The initial extension
19period may be extended for an additional six months for good
20cause shown.

21(f) Failure to comply with payment [agreement]
22arrangement.--Failure of a customer to comply with the terms of
23a commission-ordered payment [agreement] arrangement shall be
24grounds for a public utility to terminate the customer's
25service. Pending the outcome of a complaint filed with the
26commission, a customer shall be obligated to pay that portion of
27the bill which is not in dispute and subsequent bills which are
28not in dispute.

29§ 1406. Termination of utility service.

30(a) Authorized termination.--A public utility may notify a
31customer and terminate service provided to a customer after
32notice as provided in subsection (b) for any of the following
33actions by the customer:

34(1) Nonpayment of an undisputed delinquent account.

35(2) Failure to comply with the material terms of a
36payment [agreement] arrangement.

37(3) Failure to complete payment of a deposit, provide a
38guarantee of payment or establish credit.

39(4) Failure to permit access to meters, service
40connections or other property of the public utility for the
41purpose of replacement, maintenance, repair or meter reading.

42(b) [Notice of termination of service] Predetermination 
43notices, contacts and duties.--

44(1) Prior to terminating service under subsection (a), a
45public utility:

46(i) Shall provide written notice of the termination
47to the customer at least ten days prior to the date of
48the proposed termination. The termination notice shall
49remain effective for [60] 30 days.

50(ii) Shall attempt to contact the customer or
51occupant[, either in person or by telephone, to provide

1notice of the proposed termination at least three days
2prior to the scheduled termination. Phone contact shall 
3be deemed complete upon attempted calls on two separate 
4days to the residence between the hours of 7 a.m. and 9 
5p.m. if the calls were made at various times each day.]
6to provide notice of the proposed termination at least 
7three days prior to the scheduled termination using one 
8or more of the following methods:

9(A) in person; or

10(B) by telephone.

11(iii) [During the months of December through March,
12unless] After complying with subparagraphs (i) and (ii), 
13the public utility shall make in-person contact with the 
14customer or responsible adult at the time service is 
15terminated. If personal contact has not been made with
16the customer or responsible adult by personally visiting
17the customer's residence, the public utility shall,
18within 48 hours of the scheduled date of termination,
19post a notice of the proposed termination at the service
20location.

21[(iv) After complying with paragraphs (ii) and
22(iii), the public utility shall attempt to make personal
23contact with the customer or responsible adult at the
24time service is terminated. Termination of service shall
25not be delayed for failure to make personal contact.

26(2) The public utility shall not be required by the
27commission to take any additional actions prior to
28termination.]

29(2.1) For each of the above notices and contacts under
30paragraph (1), and when the customer contacts the utility
31prior to termination, the public utility shall notify the
32customer verbally and in writing about the public utility's
33customer assistance program, inquire about the customer's
34eligibility and enroll eligible customers into the customer
35assistance program, with the customer's consent.

36(3) An application for a public utility's customer
37assistance program shall stay termination of service for
38nonpayment until a decision has been made on the application,
39and the utility shall cancel the termination of service upon
40approval for enrollment in the customer assistance program.

41(4) Termination may not occur if evidence is presented
42that indicates that payment has been made, a serious illness
43or medical condition exists, a dispute or complaint is
44pending or if the employee is authorized to receive payment
45and payment in full is tendered in any reasonable manner.

46(c) Grounds for immediate termination.--

47(1) A public utility may immediately terminate service
48for any of the following actions by the customer:

49[(i) Unauthorized use of the service delivered on or
50about the affected dwelling.

51(ii) Fraud or material misrepresentation of the

1customer's identity for the purpose of obtaining
2service.]

3(iii) Tampering with meters or other public
4utility's equipment.

5(iv) Violating tariff provisions on file with the
6commission so as to endanger the safety of a person or
7the integrity of the public utility's delivery system.

8(2) Upon termination, the public utility shall [make a
9good faith attempt to] provide a post termination notice to
10the customer or a responsible person at the affected
11premises, [and, in] which shall state with specificity the 
12facts underlying the grounds for the immediate termination.
13In the case of a single meter, multiunit dwelling, the public
14utility shall conspicuously post the notice at the dwelling,
15including in common areas when possible.

16(3) Occupants of premises affected by an immediate
17termination may dispute the termination with the public
18utility, and the public utility shall provide expedited
19review of the disputes, or the occupant may seek immediate
20review with the commission through an informal complaint or
21formal complaint.

22(d) Timing of termination.--[Notwithstanding the provisions
23of section 1503 (relating to discontinuance of service), a
24public utility may terminate service for the reasons set forth
25in subsection (a) from Monday through Friday as long as the
26public utility can accept payment to restore service on the
27following day and can restore service consistent with section
281407 (relating to reconnection of service).] A public utility 
29may not terminate service on a Friday, Saturday, Sunday, Federal 
30or State holiday or on any day before such holiday.

31(e) Winter termination.--

32(1) Unless otherwise authorized by the commission, after
33November 30 and before April 1, [an electric distribution
34utility or natural gas distribution utility] a public utility
35shall not terminate service to customers [with household
36incomes at or below 250% of the Federal poverty level] except
37for those customers whose actions conform to subsection (c)
38(1). [The commission shall not prohibit an electric
39distribution utility or natural gas distribution utility from
40terminating service in accordance with this section to
41customers with household incomes exceeding 250% of the
42Federal poverty level.

43(2) In addition to the winter termination authority set
44forth in paragraph (1), a city natural gas distribution
45operation may terminate service to a customer whose household
46income exceeds 150% of the Federal poverty level but does not
47exceed 250% of the Federal poverty level, and starting
48January 1, has not paid at least 50% of his charges for each
49of the prior two months unless the customer has done one of
50the following:

51(i) Has proven in accordance with commission rules

1that his household contains one or more persons who are
265 years of age or over.

3(ii) Has proven in accordance with commission rules
4that his household contains one or more persons 12 years
5of age or younger.

6(iii) Has obtained a medical certification in
7accordance with commission rules.

8(iv) Has paid to the city natural gas distribution
9operation an amount representing at least 15% of the
10customer's monthly household income for each of the last
11two months.

12(3) At the time that the notice of termination required
13by subsection (b)(1)(i) is provided to the customer, the city
14natural gas distribution operation shall provide notice to
15the commission. The commission shall not stay the termination
16of service unless the commission finds that the customer
17meets the criteria in paragraph (2)(i), (ii), (iii) or (iv).]

18(f) Medical certification.--A public utility shall not
19terminate or refuse to reconnect service to a premises when a
20licensed physician [or], nurse practitioner [has certified that
21the customer or a member of the customer's household], midwife, 
22physician's assistant or other licensed or certified nurse has 
23certified that an occupant of the household is seriously ill or
24afflicted with a medical condition that will be aggravated by
25cessation of service. The customer shall obtain a [letter from a
26licensed physician] medical certificate verifying the condition
27and shall promptly forward it to the public utility. If, prior 
28to termination of service, a public utility employee is informed 
29that an occupant is seriously ill or is afflicted with a medical 
30condition that will be aggravated by the cessation of service 
31and that a medical certification will be procured, termination 
32may not occur for at least three days. The medical certification
33procedure shall be implemented in accordance with commission
34regulations.

35(g) Qualification for LIHEAP.--A notice of termination to a
36customer of a public utility shall be sufficient proof of a
37crisis for a customer with the requisite income level to receive
38a LIHEAP Crisis Grant from the Department of Public Welfare or
39its designee[.] as soon as practicable after the date of the 
40notice. Termination of service is not necessary to demonstrate 
41sufficient proof of crisis. A public utility shall accept 
42assignment of a LIHEAP Crisis Grant from the Department of 
43Public Welfare or its designee on behalf of a customer enrolled 
44in the utility's customer assistance program.

45(h) Dishonorable tender of payment after receiving
46termination notice.--

47(1) After a public utility has provided [a written]
48termination notice under subsection (b)(1)(i) [and attempted
49telephone contact as provided in subsection (b)(1)(ii)], (ii) 
50and (iii), termination of service may proceed without
51additional notice if:

1(i) a customer tenders payment which is subsequently 
2dishonored under 13 Pa.C.S. § 3502 (relating to 
3dishonor); [or]

4(ii) a customer tenders payment with an access 
5device, as defined in 18 Pa.C.S. § 4106(d) (relating to 
6access device fraud), which is unauthorized, revoked or 
7canceled[.]; or

8(iii) a customer tenders payment electronically that
9is subsequently dishonored, revoked, canceled or is
10otherwise not authorized.

11(i) Commission public health and safety authority.--
12Notwithstanding the provisions of this section and section
131405(f) (relating to payment arrangements), the commission may
14temporarily prohibit termination or order the restoration of
15previously terminated services for public health and safety
16reasons and other extenuating circumstances.

17§ 1407. Reconnection of service.

18(a) Fee.--A public utility may require a reconnection fee
19based upon the public utility's cost as approved by the
20commission prior to reconnection of service following lawful
21termination of the service.

22(b) Timing.--When service to a dwelling has been terminated
23and provided the applicant has met all applicable conditions,
24the public utility shall reconnect service as follows:

25(1) Within 24 hours for erroneous terminations or upon
26receipt by the public utility of a valid medical
27certification.

28(2) Within 24 hours for terminations occurring after
29November 30 and before April 1.

30(3) Within [three days] 48 hours for erroneous
31terminations requiring street or sidewalk digging.

32(4) Within [three days] 24 hours from April 1 to
33November 30 for proper terminations.

34(5) Within [seven days] 72 hours for proper terminations
35requiring street or sidewalk digging.

36(c) Payment to restore service.--

37(1) A public utility shall provide for and inform the
38applicant or customer of a location where the customer can
39make payment to restore service. When there is contact 
40between a public utility and an applicant or customer 
41concerning restoration of service, the utility shall also 
42notify the applicant or customer verbally and in writing 
43about the public utility's customer assistance program, 
44inquire about the person's eligibility and enroll those 
45eligible into the customer assistance program, with the 
46customer's consent.

47(2) A public utility may require:

48(i) Full payment of any [outstanding balance
49incurred together with any reconnection fees by the
50customer or applicant prior to reconnection of service]
51reconnection fees together with repayment over 12 months
 

1of any outstanding balance incurred by the customer or 
2applicant if the customer or applicant has an income
3exceeding 300% of the Federal poverty level. [or has
4defaulted on two or more payment agreements. If a
5customer or applicant with household income exceeding
6300% of the Federal poverty level experiences a life
7event, the customer shall be permitted a period of not
8more than three months to pay the outstanding balance
9required for reconnection. For purposes of this
10subparagraph, a life event is:

11(A) A job loss that extended beyond nine months.

12(B) A serious illness that extended beyond nine
13months.

14(C) Death of the primary wage earner.]

15(ii) Full payment of any reconnection fees together
16with repayment over [12] 36 months of any outstanding
17balance incurred by the customer or applicant if the
18customer or applicant has an income exceeding [150%] 250%
19of the Federal poverty level but not greater than 300% of
20the Federal poverty level.

21(ii.1) Full payment of any reconnection fees
22together with repayment over 48 months of any outstanding
23balance incurred by the customer or applicant if the
24customer or applicant has an income exceeding 150% of the
25Federal poverty level but not greater than 250% of the
26Federal poverty level.

27(iii) Full payment of any reconnection fees together
28with payment over [24] 60 months of any outstanding
29balance incurred by the customer or applicant if the
30customer or applicant has an income not exceeding 150% of
31the Federal poverty level. A customer or applicant of a
32[city natural gas distribution operation] public utility
33whose household income does not exceed [135%] 150% of the
34Federal poverty level shall be reinstated pursuant to
35this subsection only if the customer or applicant enrolls
36in the customer assistance program of the [city natural
37gas distribution operation] public utility except that
38this requirement shall not apply if the financial
39benefits to such customer or applicant are greater if
40served outside of that assistance program.

41(iv) For customers enrolled in a public utility's
42customer assistance program at the time of termination,
43full payment of any reconnection fees together with a
44portion of their unpaid customer assistance program
45payments, to be determined according to standards
46established by the commission.

47(3) A public utility shall accept assignment of a LIHEAP
48Crisis Grant from the Department of Public Welfare or its
49designee and restore service to a customer enrolled in the
50utility's customer assistance program.

51(d) Payment of outstanding balance at premises.--A public

1utility may also require the payment of any outstanding balance
2or portion of an outstanding balance if the applicant [resided]
3was a customer at the property for which service is requested
4during the time the outstanding balance accrued and for the time
5the applicant [resided there] was a customer.

6(e) Approval.--A public utility may establish that an
7applicant previously [resided] was a customer at a property for
8which residential service is requested through the use of
9mortgage, deed or lease information, a commercially available
10consumer credit reporting service or other methods approved as
11valid by the commission.

12§ 1410. Complaints filed with commission.

13The following apply:

14(1) The commission shall accept formal and informal 
15complaints only from customers or applicants who affirm that
16they have first contacted the public utility for the purpose
17of resolving the problem about which the customer wishes to
18file a complaint. If the customer has not contacted the
19public utility, the commission shall direct the customer to
20the public utility.

21(2) Pending the outcome of a formal or informal 
22complaint filed with the commission, the customer shall be
23obligated to pay that portion of the bill which is not in
24dispute and subsequent bills which are not in dispute.

25(3) For a formal complaint filing to be valid, the 
26customer [needs to] or applicant must provide a statement 
27attesting to the truth as to the facts alleged in the 
28complaint. All testimony in formal complaint proceedings must 
29be under oath.

30(4) The commission shall provide for expedited review of
31informal complaints and formal complaints by customers,
32applicants and occupants of premises affected by an immediate
33termination, pursuant to section 1406(c) (relating to
34termination of utility service).

35§ 1411. Automatic meter readings.

36All readings by an automatic meter reader device shall be 
37deemed actual readings for the purposes of this title. Upon a 
38customer request, the public utility shall secure an in-person 
39meter reading to confirm the accuracy of an automatic meter 
40reading device. A public utility shall secure an in-person meter 
41reading to confirm the accuracy of an automatic meter reading 
42device when a customer disconnects service or a new service is 
43requested. A public utility may not charge a fee for such in-
44person meter readings. 

45Section 4. Section 1414 of Title 66 is repealed:

46[§ 1414. Liens by city natural gas distribution operations.

47(a) General rule.--A city natural gas distribution operation
48furnishing gas service to a property is entitled to impose or
49assess a municipal claim against the property and file as liens
50of record claims for unpaid natural gas distribution service and
51other related costs, including natural gas supply, in the court

1of common pleas of the county in which the property is situated
2or, if the claim for the unpaid natural gas distribution service
3does not exceed the maximum amount over which the Municipal
4Court of Philadelphia has jurisdiction, in the Municipal Court
5of Philadelphia, pursuant to sections 3 and 9 of the act of May 
616, 1923 (P.L.207, No.153), referred to as the Municipal Claim
7and Tax Lien Law, and Chapter 22 (relating to natural gas
8competition).

9(b) Residential field visit charge.--A city natural gas
10distribution operation is authorized to charge a minimum fee of
11$10 for each instance in which its representative is required to
12visit the residence of a customer in the process of attempting
13to complete required service termination steps.

14(c) Refusal of service.--The commission shall permit a city
15natural gas distribution operation to refuse to provide service
16to an applicant if the applicant has a pending lien or civil
17judgment by the city natural gas distribution operation
18outstanding against the applicant or against property owned in
19whole or in part by the applicant unless the applicant enters
20into a payment arrangement for the payment of the amount
21associated with the lien or judgment that remains outstanding at
22the time of the application.]

23Section 5. Sections 1415, 1417 and 1418 of Title 66 are
24amended to read:

25§ 1415. Reporting to General Assembly and Governor.

26(a) General rule.--No later than two years following the
27effective date of this chapter and every two years thereafter,
28the commission shall submit a report to the Governor, the Chief
29Clerk of the House of Representatives and the Secretary of the
30Senate reviewing the implementation of the provisions of this
31chapter. The report shall include, but not be limited to:

32(1) The degree to which the chapter's requirements have
33been successfully implemented.

34(2) The effect upon the cash working capital or cash
35flow, uncollectible levels and collections of the affected
36public utilities.

37(3) The level of access to utility services by
38residential customers, including low-income customers. The 
39data collected to assess the level of access to utility 
40services shall include, but not be limited to, a direct 
41survey of customers.

42(4) The effect upon the level of consumer complaints and
43mediations filed with and adjudicated by the commission.

44(b) Additional reporting.--The commission shall report
45to the General Assembly, the Governor, and the public through
46the commission's Internet website, the following:

47(1) Termination of service data, aggregated by income
48groups of each utility, on a monthly basis.

49(2) When, in the normal course of business, public
50utilities become aware of a household fire, incident of
51hypothermia or carbon monoxide poisoning or other event that

1resulted in a death and that the utility service was off at
2the time of the incident. Within one business day of becoming
3aware of an incident, the public utility shall submit a
4telephone or electronic report to the Director of the Bureau
5of Consumer Services.

6(3) Numbers of customers eligible for a public utility's
7customer assistance program and actual numbers enrolled in
8the assistance program, for each public utility, on a monthly
9basis.

10(4) Length of time, in ten-day increments, for
11individuals to have service connected or reconnected after
12the initial application or contact with the utility following
13termination of service.

14(c) Data.--Public utilities affected by this chapter shall
15provide data required by the commission to complete [this
16report] these reports. In its recommendations, the commission
17may also propose any legislative or other changes which it deems
18appropriate to the Governor and the General Assembly.

19§ 1417. Nonapplicability.

20This chapter shall not apply to victims [under a protection
21from abuse order as provided by 23 Pa.C.S. Ch. 61 (relating to 
22protection from abuse)] of domestic violence.

23§ 1418. Construction.

24Nothing in this chapter shall affect any rights or procedure
25under the act of November 26, 1978 (P.L.1255, No.299), known as
26the Utility Service Tenants Rights Act or the provisions of 
27Subchapter B of Chapter 15 (relating to discontinuance of 
28service to leased premises).

29Section 6. Title 66 is amended by adding a section to read:

30§ 1419. Expiration.

31The provisions of this chapter shall expire on December 31,
322019.

33Section 7. This act shall take effect in 60 days.

 

See A02644 in
the context
of HB0939