Pennsylvania HB 2131: An Act amending the act of October 31, 2006 (P.L.1210, No.133), known as the Price Gouging Act, further providing for purpose, for definitions, for prohibitions, for rental rates and for repair, reconstruction or cleanup contractors; and providing for civil actions.

Bill Text

PRIOR PRINTER'S NO. 2788 PRINTER'S NO. 3368
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2131
Session of
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
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in restructuring of electric utility
industry, further providing for duties of electric
distribution companies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. 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:
§ 2807. Duties of electric distribution companies.
* * *
(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
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of electric industry) or a restructuring plan under section
2806(f) is revised as follows:
* * *
(8) If a customer served by an electric generation
supplier fails to take affirmative steps to enter into a new
contract by the date of termination of the customer's
existing fixed duration contract with an electric generation
supplier, the electric generation supplier shall
automatically return the customer's service to the default
service provider and charge a rate at the default service
provider's then-applicable default service rate. Within 60
days of the effective date of this paragraph, the commission
shall issue an order requiring each electric distribution
company to submit a compliance filing to implement the
requirement under this paragraph.
(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
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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
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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 INFO