HB 626 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in rates and distribution systems, further providing for valuation of acquired water and wastewater systems.

Bill Text

• Printer's No. PN1944 View text Current pdf

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The bill amends the process for approving acquisitions of water and wastewater systems by requiring a ratepayer referendum and detailing the information to be included in the acquisition application.

• 66 Pa.C.S. § 1329(d)(1)

  (vi) The results of the ratepayer referendum conducted under subsection (d.1).

  Adds a requirement for acquisition applications to include results of a ratepayer referendum.

• 66 Pa.C.S. § 1329(d)(3)

  Unless the results of the ratepayer referendum under subsection (d.1) show a majority of ratepayers approve of the proposed acquisition, the proposed acquisition shall be considered contrary to the public interest and the commission shall not approve the application for acquisition.

  Establishes that acquisitions will be deemed contrary to public interest unless approved by a majority in a ratepayer referendum.

• 66 Pa.C.S. § 1329(d.1)

  A ratepayer referendum shall be conducted by a selling utility with a fair market value of $1,000,000 or more.

  Introduces a new requirement for a ratepayer referendum for utilities valued at $1,000,000 or more.

• 66 Pa.C.S. § 1329(d.1)(1)

  Each ratepayer account shall be asked "Do you approve the sale of (insert selling utility) to (insert acquiring public utility or entity) for the sum of (fair market value)?"

  Requires that ratepayer accounts be asked for approval of the sale in a specific format.

• 66 Pa.C.S. § 1329(d.1)(2)

  At least 45 days before mailing a referendum ballot to each ratepayer account under paragraph (3), a selling utility shall notify each ratepayer account of the referendum through a mailing of no more than two pages via the United States mail at the cost of the acquiring public utility.

  Mandates a notification process for ratepayers about the referendum at least 45 days prior to the ballot being mailed.

• 66 Pa.C.S. § 1329(d.1)(2)

  Each notice under this paragraph shall at least contain, in plain language, the maximum possible impact on a ratepayer account's utility rates, fees or surcharges as a result of the acquisition.

  Requires that notifications to ratepayers include potential impacts on utility rates due to the acquisition.

• 66 Pa.C.S. § 1329(d.1)(3)

  A failure to respond by a ratepayer account shall be deemed a disapproval of the sale by the ratepayer account.

  Establishes that non-responses to the referendum ballot will be counted as disapproval of the sale.

• 66 Pa.C.S. § 1329(d.1)(5)

  A failure to include the maximum possible impact on a ratepayer account's utility rates, fees or surcharges on a ballot as required under this paragraph or the inclusion of inaccurate impact data on a ballot shall render the ballot insufficient for purposes of this subsection.

  Specifies that ballots must include accurate impact data to be valid.

• 66 Pa.C.S. § 1329(d.1)(4)

  The selling utility shall provide clear instructions as to the deadline by which ballots must be postmarked via United States mail or received via a secure publicly accessible Internet website, except that under no circumstances shall less than 30 days elapse between the date the ballots are mailed and the deadline.

  Requires the selling utility to clearly communicate ballot deadlines and minimum timeframes for voting.

Action History

1. August 30, 2023

   Referred to Consumer Protection, Technology & Utilities

Sponsors

• John A. Lawrence · Primary
• Joe Ciresi · Cosponsor
• Mark M. Gillen · Cosponsor
• Liz Hanbidge · Cosponsor
• Dan Moul · Cosponsor
• Christina D. Sappey · Cosponsor
• Melissa L. Shusterman · Cosponsor
• Craig Williams · Cosponsor
• Paul Friel · Cosponsor

Subjects