LEGISLATIVE GENERAL COUNSEL H.B. 577
6 Approved for Filing: S. Elder 6
6 02-20-24 7:49 AM 6
1 UTILITY SHUT OFF PROTECTION AMENDMENTS
2 2024 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Tyler Clancy
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions that prohibit an essential utility provider from terminating
10 utility services during severe weather.
11 Highlighted Provisions:
12 This bill:
13 < defines terms;
14 < modifies a program that prohibits a utility provider from disconnecting a customer's
15 water, gas, or electricity during certain periods in the year, and during certain severe
16 weather; and
17 < requires a utility provider to provide notice to a customer that includes information
18 about the program prior to disconnecting an essential utility during certain periods
19 of the year, and during certain severe weather.
20 Money Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
H.B. 577
26 35A-8-1501, as renumbered and amended by Laws of Utah 2012, Chapter 212
27 35A-8-1504, as renumbered and amended by Laws of Utah 2012, Chapter 212
*HB0577*
H.B. 577 02-20-24 7:49 AM
28 ENACTS:
29 35A-8-1505, Utah Code Annotated 1953
30
31 Be it enacted by the Legislature of the state of Utah:
32 Section 1. Section 35A-8-1501 is amended to read:
33 35A-8-1501. Moratorium on involuntary termination for nonpayment of utility
34 bills -- Eligibility criteria -- Department to establish and certify.
35 [(1) (a)] (1) As used in this chapter:
36 (a) "Essential utility" means natural gas, electricity, and potable water.
37 (b) "Essential utility provider" means:
38 (i) a gas corporation as defined in Section 54-2-1;
39 (ii) an electrical corporation as defined in Section 54-2-1; or
40 (iii) a water corporation as defined in Section 54-2-1.
41 (c) "Residential customer" means a customer defined as in a residential class by the
42 Public Service Commission.
43 (d) "Severe weather forecast" means a forecast by the National Weather Service that
44 predicts temperatures in locations within the state of greater than 100 degrees Fahrenheit or
45 less than 32 degrees Fahrenheit at any time in the five days following the forecast.
46 (2) The department shall establish a program for a seasonal and severe weather forecast
47 moratorium for involuntary termination for nonpayment by residential customers of essential
48 utility bills.
49 [(b) An essential utility is a utility regulated by the Public Service Commission under
50 Title 54, Public Utilities, which is in the business of the retail distribution of electricity or
51 natural gas.]
52 [(c) A residential customer is a customer defined as in a residential class by the Public
53 Service Commission.]
54 [(2)] (3) A residential customer shall meet the following criteria to qualify for the
55 program:
56 (a) gross household income is less than 125% of the federal poverty level or the
57 household has suffered a medical or other emergency, loss of employment, or is experiencing
58 other circumstances which have resulted in a substantial loss of income;
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59 (b) the customer has [made application] applied to public and private energy assistance
60 programs;
61 (c) the customer is willing to make a good faith effort to pay these utility bills on a
62 consistent basis; and
63 (d) the customer provides any additional information required by the department.
64 [(3)] (4) (a) A residential customer may file with [a local department office] the
65 department an affidavit attesting eligibility under the criteria in Subsection [(2).] (3).
66 (b) The department shall certify that the customer has met the eligibility requirements
67 and forward a copy of the affidavit to the [effected] affected utility.
68 Section 2. Section 35A-8-1504 is amended to read:
69 35A-8-1504. Effective period of moratorium -- Temperature-based moratorium.
70 (1) [The] A seasonal moratorium shall be in effect each year from November 15 to
71 March 15 [of each year.] and from May 15 to September 15.
72 (2) The department [may, by rule, begin the moratorium at an earlier date or extend it
73 to a later date when severe weather conditions warrant that action.] shall put into effect a
74 location-specific moratorium, outside of the dates listed in Subsection (1), for those locations
75 within the state under a severe weather forecast.
76 Section 3. Section 35A-8-1505 is enacted to read:
77 35A-8-1505. Notice requirement before termination.
78 (1) Before disconnecting an essential utility during a moratorium described in Section
79 35A-8-1504, an essential utility provider must provide a notice to a residential customer that
80 contains:
81 (a) information regarding the moratorium program, including:
82 (i) residential customer qualifications; and
83 (ii) contact information for the department;
84 (b) for essential utility providers that are gas corporations and electrical corporations:
85 (i) a statement of customer rights and responsibilities under existing state law and
86 commission rules;
87 (ii) the commission-approved policy on termination of service for that utility;
88 (iii) the availability of deferred payment agreements and sources of possible financial
89 assistance including but not limited to state and federal energy assistance programs;
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90 (iv) informal and formal procedures to dispute bills and to appeal adverse decisions,
91 including the Public Service Commission's address, website, and telephone number;
92 (v) specific steps, printed in a conspicuous fashion, that may be taken by the consumer
93 to avoid termination of service;
94 (vi) the date on which payment arrangements must be made to avoid termination of
95 service;
96 (vii) a conspicuous statement, in Spanish, that the notice is a termination of service
97 notice and that the utility has a Spanish edition of the customer information pamphlet and
98 whether the utility has personnel available during regular business hours to communicate with
99 Spanish-speaking customers; and
100 (viii) any other information required by the Public Service Commission; and
101 (c) for an essential utility provider that is not a gas corporation or electrical
102 corporation:
103 (i) the date of the scheduled disconnection; and
104 (ii) the amount due.
105 (2) An essential utility shall mail the notice by first class mail or personally deliver the
106 notice described in Subsection (1) at least two days prior to the date on which the
107 disconnection is scheduled to occur.
108 Section 4. Effective date.
109 This bill takes effect on May 1, 2024.
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Statutes affected: Introduced: 35A-8-1501, 35A-8-1504