A bill introduced earlier this session to prevent utility shutoffs during heat waves has been further refined after a productive stakeholder engagement process in which AWC took part. HB 1329 (companion to SB 5366) prohibits water and electric utility shutoffs when temperatures are predicted to be 90 degrees
or above. AWC describes the original proposal here.
The House bill was considered last week in the House Environment & Energy Committee, where a substitute version was adopted. It includes the following changes:
- Utilities and landlords may not have electric or water utility service turned off for any residential user, including tenants of metered apartment buildings and residents of mobile homes, due to lack of payment of a utility bill, on a day for which
the National Weather Service (NWS) has issued a heat related alert for the area in which the residence is located.
- A residential user whose service had previously been disconnected for lack of payment may request that service be reconnected on any day for which the NWS has issued a heat related alert for the area of the residence.
- Utilities and landlords must inform all customers in the notice of disconnection of the ability to seek reconnection and provide clear information on how to make that request.
- Electric and water utilities and landlords must promptly make a reasonable attempt to reconnect the service upon receiving such a request.
- Utilities and landlords may require the residential user to enter into a payment plan prior to reconnecting service to the dwelling after the extreme heat shutoff.
- If a utility or landlord requires such a repayment plan, the plan must comply with the following:
- The repayment plan must be designed both to pay the past due bill by the following May 15, or as soon as possible after May 15 if needed to maintain monthly payments that are no greater than 6% of the customer's monthly income, and
to pay for continued utility service.
- The plan may not require monthly payments over 6% of the customer's monthly income.
- A customer may agree to pay a higher percentage during the repayment period, but the customer will not be in default unless payment during the repayment period is less than 6% of the customer's monthly income.
- If assistance payments are received by the customer after the implementation of the plan, the customer must contact the utility to reformulate the plan.
- Repayment plans during the period November 15 through March 15 may be no more than 6%, rather than 7%, of household income.
- The civil cause of action is removed from the original bill.
AWC thanks the bill sponsor and the Attorney General's Office for working to address concerns raised throughout the stakeholder process.