HB 1329 was heard on the House floor last week where a striking amendment (removing everything after the title and inserting a whole new bill) was introduced and approved.

While the new version of the bill replaces the previous iteration, re-aligning it with existing statute covering utility shutoffs, changes advocated by AWC remain. As it stands now, HB 1329:

• Restores the current statutory language that requires utility bill repayment plans associated with utility shutoffs not to exceed 7% of household income.
• Requires every electrical company and water company regulated by the Utilities and Transportation Commission (UTC) to follow the terms of an existing UTC tariff that prohibits the company from effecting, due to lack of payment, an involuntary termination of service to any residential user on any day that temperatures are predicted to be 90 degrees or above.

Date to remember

HB 1329 awaits a hearing in the Senate Environment, Energy & Technology Committee.

Implementation of extreme heat utility shutoff proposal clarified, improved

Feb. 10, 2023

HB 1329 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.

AWC thanks the bill sponsor and the Attorney General's Office for working to address concerns raised throughout the stakeholder process.

Water and electric utility shutoff during extreme heat prohibited under new bill

Jan. 6, 2023

Following the extreme heatwave that hit the state in 2021 that claimed 157 lives, and the increase in extreme heat in recent years, Sen. Joe Nguyen (D–Seattle) and Rep-elect Sharlett Mena (D–Tacoma) are working with Attorney General Bob Ferguson to draft legislation that will prohibit water and electric utility shutoffs when temperatures are predicted to be 90 degrees or above.

According to SB 5366 (companion bill HB 1329), on any day or a day preceding a weekend and/or holiday, when the forecast is predicted to be 90 degrees or above, a city must make a reasonable attempt to contact and reconnect a customer who has been previously disconnected due to non-payment. After the expiration of the heat event, service may be disconnected if an appropriate payment plan has not been arranged. The bill also creates a civil cause of action which may be pursued by a customer if they are not re-connected during an extreme heat event. Individuals may seek up to $1,000 per violation, per day or actual damages, whichever is greater, injunctive relief, reasonable attorneys’ fees, and other relief that the court determines appropriate.

Cities support the policy goal to protect vulnerable populations, but the implementation of this policy may prove to be difficult. For instance, temperature variability across Washington should be considered. One recommendation is to consider a heat risk index, similar to the index used in Colorado. Additionally, connecting and disconnecting may be difficult for many jurisdictions without direct request from the utility customer. In some cases, the home may not be owned by the utility customer, may be shut off for maintenance, or may be vacant. Allowing the customer to request reconnection can help avoid any potential damage to a home or reconnection to a vacant property.

AWC is currently working with the AGO to address some of these concerns.