PRINTER'S NO. 1402
No. 1219 Session of 1989
INTRODUCED BY BILLOW, MARKOSEK, D. R. WRIGHT, MORRIS, HALUSKA,
WOZNIAK, LUCYK, McCALL, STAIRS, GIGLIOTTI, TIGUE, KUKOVICH,
YANDRISEVITS, FEE, TRELLO, CAWLEY, STABACK, VEON, FREEMAN,
PISTELLA, BELARDI, DIETTERICK, DALEY, RITTER, McNALLY,
MRKONIC, ITKIN, SERAFINI, HASAY, E. Z. TAYLOR AND RUDY,
APRIL 18, 1989
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 18, 1989
AN ACT
1 Amending Title 66 (Public Utilities) of the Pennsylvania
2 Consolidated Statutes, requiring utilities furnishing water
3 to comply with orders relating to potability or palatability
4 of water within a certain period; and providing for a
5 reduction in rates for noncompliance.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Title 66 of the Pennsylvania Consolidated
9 Statutes is amended by adding a section to read:
10 § 1327. Improvements to water systems.
11 (a) Compliance with orders.--A public utility that furnishes
12 water to or for the public which, after notice and opportunity
13 to be heard, has been found not to be in compliance with
14 applicable statutory or regulatory standards relating to the
15 potability of water or the palatability of water and has been
16 ordered by the Department of Environmental Resources or the
17 commission to make the improvements necessary to render the
1 water potable or palatable shall complete the necessary
2 improvements within at least one year, or such shorter period as
3 ordered by the commission.
4 (b) Failure to comply.--If the water utility fails to
5 complete the improvements and does not supply potable or
6 palatable water by the end of the one year or shorter period
7 from the date of the order, the rates it charges and collects
8 from its customers shall be reduced by 50% as of that date and
9 shall remain at the reduced rates until the water utility is in
10 full compliance with the applicable statutory or regulatory
11 standards.
12 (c) Temporary compliance.--The supply of potable or
13 palatable water for a period of less than 60 days after a "boil
14 water" notice has been removed shall not extend or renew the
15 one-year or shorter compliance period provided for in this
16 section.
17 (d) Rate applications limited.--The commission shall not
18 consider any application by a water utility for an increase in
19 rates when a "boil water" condition exists for any of its
20 customers.
21 Section 2. The provisions of this act shall apply to orders
22 of the Department of Environmental Resources and the commission
23 which are outstanding on the effective date of this act.
24 Section 3. This act shall take effect in 60 days.
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