PRINTER'S NO. 482

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

494

Session of

2019

INTRODUCED BY T. DAVIS, HILL-EVANS, CALTAGIRONE, A. DAVIS,

KORTZ, ULLMAN, YOUNGBLOOD, NEILSON, WARREN AND SOLOMON,

FEBRUARY 12, 2019

Wastewater Authority Oversight Fund; and imposing a fee.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 53 of the Pennsylvania Consolidated

Statutes is amended by adding a chapter to read:

Sec.

56A01. Definitions.

56A08. Fund and fee.

§ 56A01. 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:

"Commission." The Municipal Water and Wastewater Authority

Oversight Commission established under section 56A02 (relating

to establishment of commission).

"Fund." The Municipal Water and Wastewater Authority

Oversight Fund established under section 56A08 (relating to fund

§ 56A02. Establishment of commission.

(a) Establishment.-- The Municipal Water and Wastewater

Authority Oversight Commission is established as an independent

administrative board.

(b) Commissioners.--The commission shall consist of five

commissioners appointed by the Governor, by and with the advice

and consent of a majority of the members of the Senate, for a

term of five years. The Governor shall submit the nomination of

a commissioner to the Senate no later than 90 days prior to the

expiration of the term or the effective date of the resignation

according to law.

(c) Qualifications.-- Each commissioner, at the time of

appointment, must meet all of the following requirements:

(1) Be a resident of this Commonwealth.

(2) Have been a qualified elector in this Commonwealth

for a period of at least one year prior to appointment.

(3) Be at least 25 years of age.

(d) Restrictions.--The following apply:

(1) No person may be appointed as a commissioner or hold

any place, position or office under the commission who

commission.

(3) No commissioner or any individual or official

employed or appointed to office under, in the service of or

in connection with the work of the commission may, directly

or indirectly, solicit from or recommend to a municipal

water/wastewater authority, or any officer, attorney, agent

or employee thereof, the appointment of an individual to any

position in, or the employment of an individual in any

capacity by, the municipal water/wastewater authority.

(e) Compensation.--Each of the commissioners shall receive

commissioner's term of office. Commissioners shall annually

elect a member to serve as the vice chairman of the commission.

When present, the chairman shall preside at all meetings, but,

in the chairman's absence, the vice chairman or, in the vice

chairman's absence, a member designated by the chairman, shall

preside and exercise all the powers of the chairman.

(g) Removal.-- The Governor, by consent of two-thirds of all

of the members of the Senate, may remove a commissioner for

inefficiency, neglect of duty or misconduct in office, giving

the commissioner a copy of the charges and affording the

(h) Quorum.-- A majority of the commissioners shall

constitute a quorum. No vacancy in the commission may impair the

right of a quorum of the commissioners to exercise all the

rights and perform all the duties of the commission.

(i) Open proceedings.-- The proceedings of the commission

shall be conducted in accordance with the provisions of 65

Pa.C.S. Ch.7 (relating to open meetings).

§ 56A03. General powers.

The commission shall have the general administrative power

and authority to supervise and regulate all municipal

§ 56A04. Consumer protection.

(a) Consumer protection.--The commission shall promulgate

regulations by which a consumer may make informal complaints.

Complaints shall be filed with the Pennsylvania Public Utility

Commission. The Pennsylvania Public Utility Commission shall

forward complaints to the commission for resolution. The

commission shall keep records of each informal complaint

received, the subject of the complaint, the municipal

water/wastewater authority involved and the disposition.

(b) Cooperation.--The commission shall cooperate with local

not be limited to, a summary of significant regulatory issues

which the commission resolved during the reporting period and a

summary of significant anticipated issues and any commission

action regarding the issues reported. In the annual report, and

at other times as the commission determines, the commission

shall make recommendations to the Governor and the General

Assembly which the commission determines necessary or desirable

to protect the public interest.

§ 56A06. Reports by public utilities.

The commission may require a municipal water/wastewater

a municipal water/wastewater authority to file with the

commission a copy of any report filed by the municipal

water/wastewater authority with any Federal department or

regulatory body. Reports shall be under oath or affirmation when

required by the commission.

§ 56A07. Enforcement proceedings.

The commission may institute injunction, mandamus or other

appropriate legal proceedings to restrain a violation and

enforce the provisions of this chapter or the regulations or

orders of the commission.

(c) Use.--The money in the fund is appropriated on a

continuing basis to the commission for the purpose of

administering this chapter.