AN ACT Relating to emergency residential heating assistance; amending RCW 35.21.300, 54.16.285, 54.16.286, 80.28.010, and 80.28.011; adding a new section to chapter 74.04 RCW; creating new sections; and declaring an emergency.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. It is the intent of this act to provide for assistance to those individuals threatened with the immediate loss of heating in their homes because of inability to pay. The costs of providing such relief should be incurred by the people of the state as a whole, rather than by any fuel supply company or utility, or by its customers.

NEW SECTION. Sec. 2. A new section is added to chapter 74.04 RCW to read as follows:

(1) The department of social and health services may grant funds to needy individuals, for payment to home energy suppliers, who find themselves in need of emergency home heating aid during the months of December, January, and February. Needy individuals are those persons who qualify for aid under SSI or AFDC programs, and who additionally meet the requirements of subsection (2) of this section.

(2) The department shall adopt rules defining eligibility for the emergency home heating aid authorized by this section. In determining need, the department shall consider the following: (a) Whether the individual has received, or is about to receive, a fuel supply cut-off notice from his or her regular fuel supplier; (b) whether the individual has other funding sources, public or private, that could meet his or her energy cost needs; (c) whether the individual is using heating in his or her residence in an efficient and reasonable manner; and (d) whether the individual has met those conditions set out in RCW 54.16.285(1) and 80.28.010(4) that the department determines are applicable.

(3) The department shall report annually to the governor and the legislature on the fiscal impact of the program authorized by this section.

Sec. 3. Section 35.21.300, chapter 7, Laws of 1965 as amended by section 1, chapter 251, Laws of 1984 and RCW 35.21.300 are each amended to read as follows:

(1) The lien for charges for service by a city waterworks, or electric light or power plant may be enforced only by cutting off the service until the delinquent and unpaid charges are paid, except that until June 30, ((~~1986~~)) 1985, electricity for residential space heating may be terminated between November 15 and March 15 only as provided in subsection (2) of this section. In the event of a disputed account and tender by the owner of the premises of the amount he claims to be due before the service is cut off, the right to refuse service to any premises shall not accrue until suit has been entered by the city and judgment entered in the case.

(2) Until June 30, ((~~1986~~)) 1985:

(a) Electricity for residential space heating shall not be terminated between November 15 through March 15 if the customer:

(i) Notifies the utility of the inability to pay the bill. This notice shall be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances;

(ii) Brings a statement from the department of social and health services or a grantee of the ((~~planning and community affairs agency~~)) department of community development which administers federally funded energy assistance programs, that the household income does not exceed the maximum allowed for eligibility under the state's plan for low-income energy assistance under 42 U.S.C. 8624 and which provides a dollar figure that is seven percent of household income;

(iii) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;

(iv) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is applicable for the dwelling;

(v) Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15 and to pay for continued utility service. The plan shall not require monthly payments in excess of seven percent of the customer's monthly income during November 15 through March 15. A customer may agree to pay a higher percentage during this period, but the plan shall not be invalidated unless payment during this period is less than seven percent. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and

(vi) Agrees to pay the moneys owed even if he or she moves.

(b) The utility shall:

(i) Include in any notice that an account is delinquent and that service may be subject to termination ((~~[and]~~)) and a description of the customer's duties in this subsection;

(ii) Assist the customer in fulfilling the requirements under this subsection;

(iii) Be authorized to transfer an account to a new residence when a customer who has established a plan under this subsection moves from one residence to another within the same utility service area; and

(iv) Be permitted to disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this subsection.

(3) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan.

Sec. 4. section 2, chapter 251, Laws of 1984 and RCW 54.16.285 are each amended to read as follows:

(1) A district providing utility service for residential space heating shall not terminate such utility service between November 15 through March 15 if the customer:

(a) Notifies the utility of the inability to pay the bill. This notice shall be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances;

(b) Brings a statement from the department of social and health services or a grantee of the ((~~planning and community affairs agency~~)) department of community development which administers federally funded energy assistance programs, that the household income does not exceed the maximum allowed for eligibility under the state's plan for low-income energy assistance under 42 U.S.C. 8624 and which provides a dollar figure that is seven percent of household income;

(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistance received will be applied to the current bill and future utility bills;

(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is applicable for the dwelling;

(e) Agrees to a payment plan and agrees to maintain the payment plan. The plan will be designed both to pay the past due bill by the following October 15 and to pay for continued utility service. The plan shall not require monthly payments in excess of seven percent of the customer's monthly income during November 15 through March 15. A customer may agree to pay a higher percentage during this period, but the plan shall not be invalidated unless payment during this period is less than seven percent. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan; and

(f) Agrees to pay the moneys owed even if he or she moves.

(2) The utility shall:

(a) Include in any notice that an account is delinquent and that service may be subject to termination ((~~[and]~~)) and a description of the customer's duties in this section;

(b) Assist the customer in fulfilling the requirements under this section;

(c) Be authorized to transfer an account to a new residence when a customer who has established a plan under this section moves from one residence to another within the same utility service area; and

(d) Be permitted to disconnect service if the customer fails to honor the payment program. Utilities may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this section.

((~~(4)~~)) (3) This section shall expire June 30, ((~~1986~~)) 1985.

Sec. 5. Section 6, chapter 251, Laws of 1984 and RCW 54.16.286 are each amended to read as follows:

((~~Until 1986,~~)) Districts distributing electricity shall report annually to the legislature for utilities subject to its jurisdiction: (1) The extent to which chapter 251, Laws of 1984 benefits low income persons, and (2) the costs and benefits to other customers.

This section shall expire June 30, ((~~1986~~)) 1985.

Sec. 6. Section 80.28.010, chapter 14, Laws of 1961 as amended by section 4, chapter 251, Laws of 1984 and RCW 80.28.010 are each amended to read as follows:

(1) All charges made, demanded or received by any gas company, electrical company or water company for gas, electricity or water, or for any service rendered or to be rendered in connection therewith, shall be just, fair, reasonable and sufficient.

(2) Every gas company, electrical company and water company shall furnish and supply such service, instrumentalities and facilities as shall be safe, adequate and efficient, and in all respects just and reasonable.

(3) All rules and regulations issued by any gas company, electrical company or water company, affecting or pertaining to the sale or distribution of its product, shall be just and reasonable.

(4) Until June 30, ((~~1986~~)) 1985:

(a) Utility service for residential space heating shall not be terminated between November 15 through March 15 if the customer:

(i) Notifies the utility of the inability to pay the bill. This notice shall be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances;

(iv) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is applicable for the dwelling;

(vi) Agrees to pay the moneys owed even if he or she moves.

(b) The utility shall:

(i) Include in any notice that an account is delinquent and that service may be subject to termination ((~~[and]~~)) and a description of the customer's duties in this subsection;

(ii) Assist the customer in fulfilling the requirements under this subsection;

((~~(d)~~)) (c) A payment plan implemented under this subsection is consistent with RCW 80.28.080.

(5) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan.

(6) Every gas company, electrical company and water company shall construct and maintain such facilities in connection with the manufacture and distribution of its product as will be efficient and safe to its employees and the public.

Sec. 7. Section 7, chapter 251, Laws of 1984 and RCW 80.28.011 are each amended to read as follows:

((~~Until 1986,~~)) The Washington utilities and transportation commission shall report annually to the legislature for utilities subject to its jurisdiction: (1) The extent to which chapter 251, Laws of 1984 benefits low income persons, and (2) the costs and benefits to other customers.

This section shall expire June 30, ((~~1986~~)) 1985.

NEW SECTION. Sec. 8. This act may be known and cited as the emergency residential heating assistance act of 1985.

NEW SECTION. Sec. 9. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION. Sec. 10. This act is necessary for the immediate preservation of the public peace, health, and safety, the support of the state government and its existing public institutions, and shall take effect immediately.