With only a handful of days left in the legislative session, Pennsylvania lawmakers appear unlikely to vote on changes to Act 12.
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In testimony before lawmakers last year, PUC Chair Stephen DeFrank said higher bills under Act 12 acquisitions are likely because government-owned utilities might have deferred maintenance and charged lower rates than the cost of service. He added that municipal-run systems also don’t have stockholders, so they don’t charge based on a return on investment.
One such skeptic is Bill Ferguson, a resident of New Garden Township in Chester County who co-founded Keep Water Affordable. The group opposes private takeovers of “well-run” municipal systems, and formed after the local wastewater system was the first acquired under Act 12. Marc Lucca, Aqua’s president, highlighted the company’s acquisitions in Cheltenham Township and Shenandoah borough — a combined $62 million purchase — as positive Act 12 sales.
“We are not anti-privatization, and we are not against well-thought-out consolidation or regionalization,” Cicero told lawmakers in December. “What we oppose is privatization for its own sake and privatization and consolidation regardless of the cost to consumers.” Plus, taxpayers likely pay for their water and wastewater services through other government funds, said Jenn Kocher, a spokesperson for the trade organization. She noted that New Garden Township reported a 16% operating loss over the five years leading up to its sale in 2020.
“Systems that are not troubled would still be able to be bought at a premium, but the amount that could be put into rate base would be capped,” Cicero said of the proposal. “This change would make a significant difference to consumers but would not otherwise disincentivize the acquisition of troubled systems.”
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