HB 2131 — An Act amending Title 66 (Public Utilities) of the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, further providing for duties of electric distribution companies.

PRIOR PRINTER'S NO.

2788 PRINTER'STHE NO.GENERAL ASSEMBLY OF PENNSYLVANIA HOUSE BILL Session of No.

33682131 THE2026 GENERALINTRODUCED ASSEMBLYBY OFBOYD, PENNSYLVANIAFIEDLER, HOUSEWAXMAN, BILLMALAGARI, SessionHILL-EVANS, FREEMAN, KHAN, McNEILL, MADDEN, PROBST, BRENNAN, BOROWSKI, DONAHUE, OTTEN, RIVERA, CEPEDA-FREYTIZ AND INGLIS, JANUARY 12, 2026 REFERRED TO COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, JANUARY 23, 2026 AN ACT Amending Title 66 (Public Utilities) of No.the Pennsylvania Consolidated Statutes, in restructuring of electric utility industry, further providing for duties of electric distribution companies.

2131 2026 INTRODUCED BY BOYD, FIEDLER, WAXMAN, MALAGARI, HILL-EVANS, FREEMAN, KHAN, McNEILL, MADDEN, PROBST, BRENNAN, BOROWSKI, DONAHUE, OTTEN, RIVERA, CEPEDA-FREYTIZ, INGLIS, WARREN, CIRESI, HANBIDGE, D.

WILLIAMS, MAYES, MUNROE AND MENTZER, JANUARY 12, 2026 AS REPORTED FROM COMMITTEE ON CONSUMER PROTECTION, TECHNOLOGY AND UTILITIES, HOUSE OF REPRESENTATIVES, AS AMENDED, MAY 6, 2026 AN ACT AmeConsolidated Statutes, in restructuring of electric utility industry, further providing for duties of electric distribution companies.

Section 2807(e) of Title 66 of the Pennsylvania <-- Consolidated Statutes is amended by adding a paragraph to read:

SECTION 1.

SECTION 2807 OF TITLE 66 OF THE PENNSYLVANIA <-- CONSOLIDATED STATUTES IS AMENDED BY ADDING A SUBSECTION TO READ:

* * * (e) Obligation to serve.--A default service provider's <-- obligation to provide electric generation supply service following the expiration of a generation rate cap specified under section 2804(4) (relating to standards for restructuring of electric industry) or a restructuring plan under section 2806(f) is revised as follows:

(F.1) RETURN TO DEFAULT SERVICE.-- <-- (1) FOR ELECTRIC GENERATION SUPPLIER NOTICES UNDER 52 PA.

CODE § 54.10 (RELATING TO NOTICE OF CONTRACT EXPIRATION OR CHANGE IN TERMS FOR RESIDENTIAL AND SMALL BUSINESS CUSTOMERS), EACH NOTICE SHALL CONTAIN A COMPARISON OF THE COST OF MAINTAINING SERVICE WITH THE ELECTRIC GENERATION SUPPLIER AT THE RATE OFFERED BY THE SUPPLIER AS COMPARED TO RETURNING TO THE DEFAULT SERVICE PROVIDER AT THE CURRENT APPLICABLE PRICE TO COMPARE.

THE COMPARISON SHALL BE MADE ON A CENTS PER KILOWATT HOUR BASIS THAT IS INCLUSIVE OF ALL FEES CHARGED BY THE ELECTRIC GENERATION SUPPLIER FOR SERVICES REGARDLESS OF HOW CHARGES ARE BILLED AND SHOWN ON A 500 KILOWATT HOUR, 1,000 KILOWATT HOUR AND 1,500 KILOWATT HOUR BASIS.

(2) IF AFTER RECEIVING NOTICE REQUIRED UNDER COMMISSION 20260HB2131PN3368 - 2 - REGULATIONS THE CUSTOMER FAILS TO AFFIRMATIVELY CONSENT TO RENEW OR EXTEND AN AGREEMENT WITH THE ELECTRIC GENERATION SUPPLIER, THE ELECTRIC GENERATION SUPPLIER SHALL RETURN THE CUSTOMER TO DEFAULT SERVICE IMMEDIATELY UPON THE EXPIRATION DATE OF AN AGREEMENT BETWEEN THE ELECTRIC GENERATION SUPPLIER AND THE CUSTOMER.

(3) IF THE ELECTRIC GENERATION SUPPLIER FAILS TO RETURN A CUSTOMER TO DEFAULT SERVICE UNDER PARAGRAPH (2), THE COMMISSION SHALL REQUIRE THE SUPPLIER TO REFUND THE CUSTOMER ALL CHARGES INCURRED FOR THE PERIOD THE ELECTRIC GENERATION SUPPLIER SERVED THE CUSTOMER WITHOUT THE CUSTOMER'S AUTHORIZATION.

(4) IN ADDITION TO ORDERING A REFUND UNDER PARAGRAPH (3), IF A SUPPLIER FAILS TO RETURN A CUSTOMER TO DEFAULT SERVICE, THE COMMISSION SHALL FINE THE SUPPLIER AN AMOUNT THAT IS SUFFICIENT TO DETER FUTURE VIOLATIONS OF THIS SUBSECTION.

ABSENT GOOD CAUSE SHOWN, IF A SUPPLIER HAS FAILED TO RETURN CUSTOMERS TO DEFAULT SERVICE ON MORE THAN TWO OCCASIONS IN A CALENDAR YEAR, THE COMMISSION SHALL SUSPEND THE SUPPLIER'S LICENSE FOR ONE CALENDAR YEAR.

IF AFTER REINSTATEMENT OF A LICENSE, THE SUPPLIER AGAIN FAILS TO COMPLY WITH THE PROVISIONS OF THIS SUBSECTION ON MORE THAN TWO OCCASIONS IN A CALENDAR YEAR, THE COMMISSION SHALL PERMANENTLY REVOKE THE SUPPLIER'S LICENSE.

(5) IF A CUSTOMER FAILS TO RESPOND TO AN ELECTRIC GENERATION SUPPLIER'S NOTICE OF CONTRACT EXPIRATION UNDER 52 PA.

CODE § 54.10, AN ELECTRIC GENERATION SUPPLIER MAY NOT CHARGE A CANCELLATION FEE.

(6) IF A CUSTOMER PROVIDES AFFIRMATIVE CONSENT TO REMAIN WITH A SUPPLIER AT THE END OF A FIXED-TERM CONTRACT, THE 20260HB2131PN3368 - 3 - SUPPLIER MUST PROCESS A NEW ELECTRONIC DATA INTERCHANGE TRANSACTION WITH THE ELECTRIC DISTRIBUTION COMPANY.

THE COMMISSION SHALL REQUIRE ELECTRIC DISTRIBUTION COMPANIES AND ELECTRIC GENERATION SUPPLIERS TO MODIFY AN ELECTRONIC DATA INTERCHANGE PROCESS TO PROVIDE SUFFICIENT INFORMATION TO ALLOW ELECTRIC DISTRIBUTION COMPANIES TO DETERMINE WHEN A CUSTOMER'S FIXED-TERM CONTRACT WITH AN ELECTRIC GENERATION SUPPLIER HAS ENDED.

IF AN ELECTRIC DISTRIBUTION COMPANY HAS NOT RECEIVED A NEW ELECTRONIC DATA INTERCHANGE REQUEST FROM A CUSTOMER'S SUPPLIER, OR A REQUEST FROM A DIFFERENT SUPPLIER, INDICATING THAT THE CUSTOMER HAS AFFIRMATIVELY CONSENTED TO ENTER INTO A NEW AGREEMENT WITHIN ONE BILLING CYCLE AFTER THE END OF A CONTRACT, THE ELECTRIC DISTRIBUTION COMPANY SHALL RETURN THE CUSTOMER TO DEFAULT SERVICE.

IF AN ELECTRIC DISTRIBUTION COMPANY RETURNS A CUSTOMER TO DEFAULT SERVICE BECAUSE OF THE FAILURE OF THE ELECTRIC GENERATION SUPPLIER TO DO SO UNDER THE REQUIREMENTS OF THIS SUBSECTION, THE ELECTRIC DISTRIBUTION COMPANY SHALL REPORT THE INFORMATION TO THE COMMISSION FOR ENFORCEMENT ACTIONS AGAINST THE SUPPLIER UNDER THIS SUBSECTION.

(7) AS USED IN THIS SUBSECTION, THE TERM "AFFIRMATIVE CONSENT" MEANS:

(I) A CLEAR, VERBAL STATEMENT SIGNIFYING THE CUSTOMER'S FREELY GIVEN, SPECIFIC, INFORMED AND UNAMBIGUOUS AGREEMENT TO THE CONTRACT RENEWAL OR CONTINUOUS SERVICE TERMS;

OR (II) A WRITTEN STATEMENT, INCLUDING A STATEMENT WRITTEN BY ELECTRONIC MEANS.

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