Regular Session 2021-2022 Senate Bill 1012 P.N. 1352

PRINTER'S NO. 1352

THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

No.

1012

Session of

2022

INTRODUCED BY SANTARSIERO, KEARNEY, HUGHES, FONTANA,

TARTAGLIONE, COSTA, KANE, MUTH, CAPPELLETTI, STREET AND

COMITTA, JANUARY 25, 2022

REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,

JANUARY 25, 2022

AN ACT

Amending the act of April 9, 1929 (P.L.343, No.176), entitled

"An act relating to the finances of the State government;

providing for cancer control, prevention and research, for

ambulatory surgical center data collection, for the Joint

Underwriting Association, for entertainment business

financial management firms, for private dam financial

assurance and for reinstatement of item vetoes; providing for

the settlement, assessment, collection, and lien of taxes,

bonus, and all other accounts due the Commonwealth, the

collection and recovery of fees and other money or property

due or belonging to the Commonwealth, or any agency thereof,

including escheated property and the proceeds of its sale,

the custody and disbursement or other disposition of funds

and securities belonging to or in the possession of the

Commonwealth, and the settlement of claims against the

Commonwealth, the resettlement of accounts and appeals to the

courts, refunds of moneys erroneously paid to the

Commonwealth, auditing the accounts of the Commonwealth and

all agencies thereof, of all public officers collecting

moneys payable to the Commonwealth, or any agency thereof,

and all receipts of appropriations from the Commonwealth,

authorizing the Commonwealth to issue tax anticipation notes

to defray current expenses, implementing the provisions of

section 7(a) of Article VIII of the Constitution of

Pennsylvania authorizing and restricting the incurring of

certain debt and imposing penalties; affecting every

department, board, commission, and officer of the State

government, every political subdivision of the State, and

certain officers of such subdivisions, every person,

association, and corporation required to pay, assess, or

collect taxes, or to make returns or reports under the laws

imposing taxes for State purposes, or to pay license fees or

other moneys to the Commonwealth, or any agency thereof,

every State depository and every debtor or creditor of the

Commonwealth," providing for utility company assistance; and

making an appropriation.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The act of April 9, 1929 (P.L.343, No.176), known

as The Fiscal Code, is amended by adding an article to read:

ARTICLE I-I

UTILITY COMPANY ASSISTANCE

Section 101-I. Definitions.

The following words and phrases when used in this article

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Department." The Department of Community and Economic

Development of the Commonwealth.

"Program." The COVID-19 Utility Relief Grant Program

established under section 102-I(a).

"Residential utility service." Service delivered to a

residential customer, including a multifamily dwelling unit,

from utility facilities for electric power, natural gas, heating

oil, liquid propane, drinking water and wastewater.

"Utility company." Any of the following that provides

residential utility service:

(1) An electric distribution company.

(2) A natural gas distribution company.

(3) A heating oil company.

(4) A liquid propane company, including a manufactured

home community owner that bills separately for utility

service .

(5) A water company , including a municipal-owned water

authority and a manufactured home community owner that bills

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separately for utility service .

(6) A wastewater company , including a municipal-owned

wastewater authority and a manufactured home community owner

that bills separately for utility service .

(7) A municipal-owned authority.

(8) An electric cooperative.

(9) A broadband Internet service provider.

Section 102-I. COVID-19 Utility Relief Grant Program.

(a) Establishment of program.--The COVID-19 Utility Relief

Grant Program is established within the department.

(b) Use of funds.--Money appropriated to the department for

utility assistance as specified under this act shall be used to

make grants to utility companies under this article.

Pennsylvania Public Utility Commission and the Pennsylvania

Infrastructure Investment Authority, shall establish guidelines

for the program that are consistent with the provisions of this

article within 30 days of the effective date of this section.

The guidelines shall be submitted to the Legislative Reference

Bureau for publication in the Pennsylvania Bulletin and posted

on the department's publicly accessible Internet website.

(d) Program requirements.--The following apply:

(1) A utility company shall submit the names and

addresses of residential customers seeking utility assistance

under the program to the department and any additional

information deemed necessary by the department to administer

the program.

(2) Utility assistance under the program may be awarded

to a utility company that provides residential utility

service to residential customers who:

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(i) began receiving unemployment compensation on or

after March 1, 2020; or

(ii) on or after March 1, 2020, had their annual

household income reduced by 30% as a result of the COVID-

19 pandemic.

(3) A utility company shall require a residential

customer that meets the one or both of the criteria specified

under paragraph (2) to provide a certification that the

residential customer meets one or both of the criteria

specified under paragraph (2).

(e) Application.--The following apply:

(1) The department shall develop a standard application

for a utility company to apply for utility assistance under

the program on behalf of the utility company's residential

customers within 30 days of the effective date of this

section.

(2) A utility company must attest to all of the

following in an application for utility assistance under the

program:

(i) The utility company will not terminate service

of a residential customer for failure to make a payment

until 60 days after the last month for which utility

assistance was applied to the residential customer's

account under the program.

(ii) (Reserved) .

(iii) Funding received by a utility company under

the program will not be used for the utility company's

administrative costs.

(iv) Funding received by a utility company under the

program will be applied fully to the accounts of

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residential customers who are late on payments or

delinquent as a result of COVID-19 pandemic.

(3) The application shall be made available and posted

on the department's publicly accessible Internet website and

be in a form that can be completed and returned by a utility

company electronically or through mail.

(4) The deadline for submitting applications to the

department for participation in the program shall be

September 15, 2023, or until funding for the program has been

completely expended, whichever is earlier.

(5) A utility company shall, when appropriate, work with

a residential customer to develop a repayment plan for any

outstanding utility debt owed. A residential customer who is

enrolled in a customer assistance program shall be eligible

for a repayment plan under this paragraph. A repayment plan

under this paragraph for a residential customer to resolve an

unpaid balance on an account may not be less than the

following:

(i) Five years for a residential customer with a

gross monthly household income level at or below 150% of

the Federal poverty level.

(ii) Three years for a residential customer with a

gross monthly household income level more than 150% of

the Federal poverty level but not more than 250% of the

Federal poverty level.

(iii) Two years for a residential customer with a

gross monthly household income level more than 250% of

the Federal poverty level but not more than 350% of the

Federal poverty level.

(iv) One year for a residential customer with a

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gross monthly household income level more than 350% of

the Federal poverty level.

(6) Notwithstanding any other provision of law, the

Public Utility Commission may establish a new payment

arrangement for any payment arrangement entered into by a

utility company and a residential customer under 66 Pa.C.S. §

1405 (relating to payment arrangements). A payment

arrangement entered into under this paragraph shall comply

with the provisions of 66 Pa.C.S. § 1405(b).

(f) Payments.--The following apply:

(1) The department shall only make payments under the

program directly to utility companies.

(2) A utility company that receives funding under the

program shall comply with any Federal or State audits.

(3) The department shall notify a residential customer

of the amount of payment made to the utility company on

behalf of the residential customer.

(4) The department shall make payments under the program

as follows:

(i) Except as provided under subparagraph (ii), an

amount equal to 100% of the residential customer's

monthly utility bill, but not to exceed $100 per month

per utility, for each month the residential customer

seeks utility assistance under the program for a maximum

of six months.

(ii) For a utility company that bills quarterly, an

amount equal to 100% of the residential customer's

quarterly bill, but not to exceed $300 per quarter for

each quarter the residential customer seeks utility

assistance under the program, for a maximum of two

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quarters.

(iii) Payments under subparagraphs (i) and (ii)

shall be made no later than September 15, 2023.

(5) The department shall only make payments under the

program on behalf of households with an annualized current

income of no more than the upper limit of "median income" as

defined in the guidelines published annually by the United

States Department of Housing and Urban Development.

(g) Report.--No later than the first day of each month after

utility assistance is provided under the program, the department

shall issue a report to the chair and minority chair of the

Appropriations Committee of the Senate and the chair and

minority chair of the Appropriations Committee of the House of

Representatives and post the report on the department's publicly

accessible Internet website. The report shall include the

following information:

(1) The total number of utility companies who applied

for utility assistance under the program.

(2) The total amount of utility assistance that was

applied for under the program.

(3) The average amount of utility assistance that was

applied for under the program.

(4) The average amount of utility assistance that was

provided under the program.

(5) The total number of residential utility companies,

designated by county, who received utility assistance under

the program.

(6) The total allocation of utility assistance under the

program, designated by county.

Section 2. Appropriations are as follows:

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(1) The following Federal amounts are appropriated from

the COVID-19 Response Restricted Account as follows:

(i) The sum of $25,000,000 is appropriated to the

Department of Human Services to provide assistance under

the LIHEAP program.

(ii) The sum of $75,000,000 is appropriated to the

Department of Community and Economic Development to

provide grants under the COVID-19 Utility Relief Grant

Program.

(2) The money appropriated under paragraph (1) shall not

lapse.

Section 3. This act shall take effect immediately.

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