AN ACT Relating to residential space heating; amending RCW 35.21.300, 35.21.301, 54.16.285, 54.16.286, 80.28.010, and 80.28.011; adding a new section to chapter 24.03 RCW; adding a new section to chapter 24.06 RCW; repealing RCW 54.16.290; and providing an expiration date.

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

Sec. 1. Section 35.21.300, chapter 7, Laws of 1965 as last amended by section 3, chapter 6, Laws of 1985 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~~)) 1990, electricity for residential space heating may be terminated between November 15 and March 15 only as provided in subsections (2) and (3) 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~~)) 1990:

(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, including a security deposit. 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 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~~)) nine 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~~)) available 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. If the past due bill is not paid by the following October 15, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of ((~~seven~~)) nine 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~~)) in default unless payment during this period is less than ((~~seven~~)) nine 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~~)), a description of the customer's duties in this ((~~subsection~~)) section;

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

(iii) Be authorized to transfer an account to a new residence when a customer who has established a plan under this ((~~subsection~~)) section 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~~)) section. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected.

(3) All municipal utilities shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible for payment plans as provided for in this section without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.

(4) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.

Sec. 2. Section 5, chapter 251, Laws of 1984 and RCW 35.21.301 are each amended to read as follows:

Until ((~~1986~~)) 1990, cities and towns distributing electricity shall report annually to the legislature for utilities subject to its jurisdiction: (1) The extent to which chapter ((~~251~~)) --, Laws of ((~~1984~~)) 1986 (Senate Bill No. --, S-3509/86) benefits low income persons, and (2) the costs and benefits to other customers.

This section shall expire June 30, ((~~1986~~)) 1990.

Sec. 3. Section 2, chapter 251, Laws of 1984 as amended by section 19, chapter 6, Laws of 1985 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, including a security deposit. 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 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~~)) nine 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~~)) available 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. If the past due bill is not paid by the following October 15, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of ((~~seven~~)) nine 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~~)) in default unless payment during this period is less than ((~~seven~~)) nine 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~~)), 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. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected.

(3) All districts providing utility service for residential space heating shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible for payment plans as provided for in this section without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.

(4) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.

(5) This section shall expire June 30, ((~~1986~~)) 1990.

Sec. 4. Section 6, chapter 251, Laws of 1984 and RCW 54.16.286 are each amended to read as follows:

Until ((~~1986~~)) 1990, 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~~)) 1986 (Senate Bill No. --, S-3509/86) benefits low income persons, and (2) the costs and benefits to other customers.

This section shall expire June 30, ((~~1986~~)) 1990.

Sec. 5. Section 80.28.010, chapter 14, Laws of 1961 as last amended by section 25, chapter 6, Laws of 1985 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~~)) 1990:

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

(iv) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is ((~~applicable~~)) available 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~~)), a description of the customer's duties in this ((~~subsection~~)) section;

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

(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. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected.

(5) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible for payment plans as provided for in this section without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.

(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.

(7) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.

Sec. 6. Section 7, chapter 251, Laws of 1984 and RCW 80.28.011 are each amended to read as follows:

Until ((~~1986~~)) 1990, 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~~)) 1986 (Senate Bill No. --, S-3509/86) benefits low income persons, and (2) the costs and benefits to other customers.

This section shall expire June 30, ((~~1986~~)) 1990.

NEW SECTION. Sec. 7. A new section is added to chapter 24.03 RCW to read as follows:

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

(a) Notifies the cooperative of the inability to pay the bill, including a security deposit. 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 a grantee of the department of community development that 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 that provides a dollar figure that is nine percent of household income;

(d) Has applied for low-income weatherization assistance to the utility or other appropriate agency if such assistance is available 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 electric service. If the past due bill is not paid by the following October 15, the customer shall not be eligible for protections under this chapter until the past due bill is paid. The plan shall not require monthly payments in excess of nine 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 shall not be in default unless payment during this period is less than nine percent. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the cooperative to reformulate the plan; and

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

(2) The cooperative shall:

(a) Include in any notice that an account is delinquent and that service may be subject to termination 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 cooperative's service area;

(d) Be permitted to disconnect service if the customer fails to honor the payment program. Cooperatives may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and

(e) Offer residential customers the option of budget billing or equal payment plan. The budget billing or equal payment plan shall be offered low-income customers eligible for payment plans as provided for in this section without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.

(3) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.

(4) This section shall expire June 30, 1990.

NEW SECTION. Sec. 8. A new section is added to chapter 24.06 RCW to read as follows:

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

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

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

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

(2) The mutual corporation shall:

(a) Include in any notice that an account is delinquent and that service may be subject to termination 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 mutual corporation's service area;

(d) Be permitted to disconnect service if the customer fails to honor the payment program. Mutual corporations may continue to disconnect service for those practices authorized by law other than for nonpayment as provided for in this section. Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying reconnection charges, if any, and by paying all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected; and

(3) An agreement between the customer and the utility, whether oral or written, shall not waive the protections afforded under this chapter.

(4) This section shall expire June 30, 1990.

NEW SECTION. Sec. 9. Section 3, chapter 251, Laws of 1984 and RCW 54.16.290 are each repealed.