In public utilities, providing for unlawful change of consumer electric or natural gas supplier.
Summary
HB1079 creates a new criminal offense for knowingly changing a consumer’s electric or natural gas supplier without the consumer’s consent, as required under Pennsylvania’s existing utility-consent laws. The bill is aimed at unauthorized supplier switching in the retail energy market and applies to electric distribution companies, gas distribution companies, suppliers, marketers, aggregators, brokers, and their agents or employees.
The offense is graded as a first-degree misdemeanor for a first violation and a third-degree felony for repeat violations. The grading increases by one level if there are multiple victims or if the victim is 60 years of age or older or a care-dependent person. The bill also gives local district attorneys and the Attorney General authority to prosecute, including multi-county or interstate patterns of conduct, and it states that PUC or other administrative proceedings do not block criminal prosecution. The act would take effect 60 days after enactment.
Impact
The bill would add a new section to Title 18 of the Pennsylvania Consolidated Statutes, expanding criminal law into the area of utility supplier switching and supplementing existing consumer-protection rules in Title 66. It would expose energy suppliers and related market participants to misdemeanor or felony liability for unauthorized enrollment or switching practices, with enhanced penalties for vulnerable consumers and multiple-victim schemes. It also broadens enforcement authority by expressly allowing both county prosecutors and the Attorney General to pursue cases.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the apparent sentiment is protective and enforcement-oriented. The measure appears designed to address consumer complaints about unauthorized utility switching and to strengthen deterrence through criminal penalties. No contrary viewpoints are documented in the provided materials, but the structure of the bill suggests support for stronger consumer safeguards and accountability in the retail energy market.
Contention
The main potential points of contention are the use of criminal penalties for conduct that may also be handled administratively by the Public Utility Commission, and the broad reach of the bill to suppliers, marketers, aggregators, brokers, and their agents. Another possible issue is the Attorney General’s expanded authority and the bill’s provision barring defendants from challenging that authority in court. The enhanced grading for victims age 60 or older or care-dependent persons may also raise questions about how intent and victim status would be proven in practice.
In natural gas competition, further providing for standards for restructuring of natural gas utility industry, for consumer protections and customer service and for requirements for natural gas suppliers; and, in restructuring of electric utility industry, further providing for standards for restructuring of electric industry, for duties of electric distribution companies and for requirements for electric generation suppliers.
In natural gas competition, further providing for consumer protections and customer service; in restructuring of electric utility industry, further providing for duties of electric distribution companies; and making an editorial change.
In restructuring of electric utility industry, further providing for definitions and for duties of electric distribution companies and providing for duties of public utilities.