PRINTER'S NO. 4509
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
2932
Session of
2020
INTRODUCED BY HOWARD, DELLOSO, ROZZI, MADDEN, SANCHEZ, SAPPEY,
HILL-EVANS, CIRESI, McCLINTON, INNAMORATO, DRISCOLL AND
GREEN, OCTOBER 15, 2020
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, OCTOBER 15, 2020
AN ACT
Providing for public utility credit reporting; and imposing
duties on public utilities.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Public
Utility Credit Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Public utility." Any of the following:
(1) A person or corporation owning or operating in this
Commonwealth equipment or facilities for:
(i) Producing, generating, transmitting,
distributing or furnishing natural or artificial gas,
electricity or steam for the production of light, heat or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
power to or for the public for compensation.
(ii) Diverting, developing, pumping, impounding,
distributing or furnishing water to or for the public for
compensation.
(iii) Transporting passengers or property as a
common carrier.
(iv) Use as a canal, turnpike, tunnel, bridge, wharf
and the like for the public for compensation.
(v) Transporting or conveying natural or artificial
gas, crude oil, gasoline or petroleum products, materials
for refrigeration or oxygen or nitrogen, or other fluid
substance, by pipeline or conduit, for the public for
compensation.
(vi) Conveying or transmitting messages or
communications, except as stated in paragraph (2)(iv), by
telephone or telegraph or domestic public land mobile
radio service, including, but not limited to, point-to-
point microwave radio service for the public for
compensation.
(vii) Wastewater collection, treatment or disposal
for the public for compensation.
(viii) Providing limousine service in a county of
the second class under 66 Pa.C.S. Ch. 11 Subch. B
(relating to limousine service in counties of the second
class).
(2) The term does not include:
(i) An individual or corporation, not otherwise a
public utility, who or which furnishes service only to
the individual or itself.
(ii) A bona fide cooperative association which
20200HB2932PN4509 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
furnishes service only to its stockholders or members on
a nonprofit basis.
(iii) A producer of natural gas not engaged in
distributing the gas directly to the public for
compensation.
(iv) A person or corporation, not otherwise a public
utility, who or which furnishes mobile domestic cellular
radio telecommunications service.
(v) A building or facility owner/operator who holds
ownership over and manages the internal distribution
system serving the building or facility and who supplies
electric power and other related electric power services
to occupants of the building or facility.
(vi) An electric generation supplier company, except
for the limited purposes as described in 66 Pa.C.S. §§
2809 (relating to requirements for electric generation
suppliers) and 2810 (relating to revenue-neutral
reconciliation).
(vii) Service as follows:
(A) A water or sewer service provided to
independently owned user premises by an individual or
corporation that owns and operates as a primary
business a resort where:
(I) the service provided is from a point
within the boundaries of the resort's property
and is provided to no more than 100 independently
owned user premises for each type of service;
(II) the service is verified by the resort,
in a form and manner prescribed by the
Pennsylvania Public Utility Commission, to be
20200HB2932PN4509 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
incidental to the supplier's primary resort
business as evidenced by the gross annual
revenues derived from each type of service
provided to independently owned user premises
being less than 1% of the annual gross revenues
of the primary resort business;
(III) rates to independently owned user
premises do not exceed the average of the rates
for comparable service provided by two municipal
corporations or municipal authorities or any
combination of the two that are reasonably
proximate to the resort or within the same county
if rural;
(IV) service will not be terminated to any
independently owned user premises in the resort,
unless termination is requested by the user, is
necessary due to nonpayment or to prevent misuse
of the system by a user which impairs or
jeopardizes service to other users and the
resort, or if termination is directed by law,
regulation or by a Federal or State agency or
governmental body;
(V) the water and sewer service provided to
the independently owned user premises is the same
service that the resort owner provides to
themselves or their affiliates;
(VI) the resort adopts a resolution
providing that it will not serve any additional
independently owned user premises except if
lawfully directed by any Federal or State agency
20200HB2932PN4509 - 4 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
or governmental body to protect public health and
safety due to an emergency such as contamination
or failure of existing supply, and does not
revoke or amend such resolution without first
notifying the secretary of the Pennsylvania
Public Utility Commission in writing 30 days in
advance of such proposed revocation or amendment;
and
(VII) disputes between an independently
owned user premises and the resort are resolved
by the applicable court system.
(B) For purposes of this subparagraph:
(I) The term "resort" means a place or
business visited primarily for leisure or
vacation that offers or provides lodging,
entertainment, hospitality, dining, recreational
facilities or activities for guests, business
conferees, members or residents.
(II) The term "independently owned user
premises" means a structure not owned by the
resort or its affiliates, including a structure
intended to be used as a seasonal residence,
served from a point within the boundaries of a
resort and to which a resort owner or their
affiliates provides water or sewer service.
(3) For the purposes of 66 Pa.C.S. §§ 2702 (relating to
construction, relocation, suspension and abolition of
crossings), 2703 (relating to ejectment in crossing cases)
and 2704 (relating to compensation for damages occasioned by
construction, relocation or abolition of crossings), and
20200HB2932PN4509 - 5 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
those portions of 66 Pa.C.S. §§ 1501 (relating to character
of service and facilities), 1505 (relating to proper service
and facilities established on complaint; authority to order
conservation and load management programs) and 1508 (relating
to reports of accidents), as those sections or portions
relate to safety only, a municipal authority or
transportation authority organized under the laws of this
Commonwealth is considered a public utility when it owns or
operates, for the carriage of passengers or goods by rail, a
line of railroad composed of lines formerly owned or operated
by the Pennsylvania Railroad, the Penn-Central Transportation
Company, the Reading Company or the Consolidated Rail
Corporation.
Section 3. Public utility payments reported to credit agencies.
(a) General rule.--Public utilities shall provide customers
the opportunity to opt-in to having the public utility payments
of the customers reported to credit agencies, including, but not
limited to, Experian, Equifax and TransUnion.
(b) New customers.--Persons who become customers of a public
utility after the effective date of this section shall be
notified by the public utility of the opportunity to opt-in to
having their payments reported to credit reporting agencies when
establishing their public utility account with the public
utility.
(c) Existing customers.--Persons who are customers of a
public utility on the effective date of this section shall be
notified in writing by the public utility of the opportunity to
opt-in to having their payments reported to credit reporting
agencies within 45 days of the effective date of this section.
(d) Time limit to opt-in.--
20200HB2932PN4509 - 6 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(1) New and existing public utility customers may
register to opt-in to public utility payment credit reporting
at any time after notification of the availability of this
option.
(2) A public utility may not set a time limit or
expiration date on the credit reporting option nor may this
option be rescinded at any time in the future.
(e) Costs and fees.--A public utility may not pass on the
cost or charge a fee to a consumer who chooses to opt-in to the
credit reporting under this section.
Section 4. Effective date.
This act shall take effect in 60 days.
20200HB2932PN4509 - 7 -
1
2
3
4
5
6
7
8
9
10
11
12