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Brittany Gigliotti, left, and Kevin Dooley Kent, right, of Conrad O'Brien. Brittany Gigliotti, left, and Kevin Dooley Kent, right, of Conrad O’Brien.

It has been a year and a half since Pennsylvania’s Fair Value Legislation, Act 12 of 2016, 66 Pa. C.S. Section 1329 (Act 12) went into effect in June 2016. Since Act 12’s enactment, Pennsylvania has seen an uptick in investor-owned utilities’ (IOUs) attempts to privatize municipal water authorities, and IOUs have publicized their plans to focus on “growth through acquisition.” IOUs are seeking to convince municipalities—particularly cash-strapped municipalities—that liquidating the assets of their municipal water authorities provides money in the short-term that can be used in a municipality’s general fund or to pay down debt.

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