CERTIFICATION OF ENROLLMENT
HOUSE BILL 2059
52nd Legislature
1991 Regular Session
Passed by the House March 13, 1991
Yeas 89 Nays 0
Speaker of the
House of Representatives
Passed by the Senate April 18, 1991
Yeas 47 Nays 0
President of the Senate
Approved
Governor of the State of Washington
CERTIFICATE
I, Alan Thompson, Chief Clerk of the House of Representatives of the State of Washington, do hereby certify that the attached is HOUSE BILL 2059 as passed by the House of Representatives and the Senate on the dates hereon set forth.
Chief Clerk
FILED
Secretary of State
State of Washington
_______________________________________________
HOUSE BILL 2059
_______________________________________________
Passed Legislature - 1991 Regular Session
State of Washington 52nd Legislature 1991 Regular Session
By Representatives H. Myers, Grant, O'Brien, Wineberry, Orr and Anderson.
Read first time February 20, 1991. Referred to Committee on Energy & Utilities.
AN ACT Relating to low-income residential weatherization and energy assistance; amending RCW 35.21.300, 54.16.285, and 80.28.010; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW SECTION. Sec. 1. The legislature finds that the health and welfare of the people of the state of Washington require that all citizens receive essential levels of heat and electric service regardless of economic circumstance and that rising energy costs have had a negative effect on the affordability of housing for low-income citizens and have made it difficult for low-income citizens of the state to afford adequate fuel for residential space heat. The legislature further finds that level payment plans, the protection against winter heating shutoff, and house weatherization programs have all been beneficial to low-income persons.
Sec. 2. RCW 35.21.300 and 1990 1st ex.s. c 1 s 1 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, 1991,
utility service for residential space heating may be terminated between
November 15 and March 15 only as provided in subsections (2) and (((3)))
(4) 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, 1991:
(a))) Utility
service for residential space heating shall not be terminated between November
15 through March 15 if the customer:
(((i)))
(a) Notifies the utility of the inability to pay the bill, including a
security deposit. This notice should be provided within five business days of
receiving a payment overdue notice unless there are extenuating circumstances.
If the customer fails to notify the utility within five business days and
service is terminated, the customer can, by paying reconnection charges, if
any, and fulfilling the requirements of this section, receive the protections
of this chapter;
(((ii)))
(b) Provides self-certification of household income for the prior twelve
months to a grantee of the department of community development which
administers federally funded energy assistance programs. The grantee shall
determine 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 shall provide a dollar figure that is seven percent of
household income. The grantee may verify information in the
self-certification;
(((iii)))
(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;
(((iv)))
(d) Has applied for low-income weatherization assistance to the utility
or other appropriate agency if such assistance is available for the dwelling;
(((v)))
(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 percent of the customer's
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter 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 seven percent of monthly
income plus one-twelfth of any arrearage accrued from the date application is
made and thereafter. 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)))
(f) Agrees to pay the moneys owed even if he or she moves.
(((b)))
(3) The utility shall:
(((i)))
(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;
(((ii)))
(b) Assist the customer in fulfilling the requirements under this
section;
(((iii)))
(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;
(((iv)))
(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; and
(((v)))
(e) Advise the customer in writing at the time it disconnects service
that it will restore service if the customer contacts the utility and fulfills
the other requirements of this section.
(((3)))
(4) 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 under the state's plan for
low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1)
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)))
(5) An agreement between the customer and the utility, whether oral or
written, shall not waive the protections afforded under this chapter.
Sec. 3. RCW 54.16.285 and 1990 1st ex.s. c 1 s 3 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 should be provided within five business days of receiving a payment overdue notice unless there are extenuating circumstances. If the customer fails to notify the utility within five business days and service is terminated, the customer can, by paying reconnection charges, if any, and fulfilling the requirements of this section, receive the protections of this chapter;
(b) Provides self-certification of household income for the prior twelve months to a grantee of the department of community development which administers federally funded energy assistance programs. The grantee shall determine 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 shall provide a dollar figure that is seven percent of household income. The grantee may verify information provided in the self-certification;
(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 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 percent of the customer's monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter 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 seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter. 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, 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;
(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; and
(e) Advise the customer in writing at the time it disconnects service that it will restore service if the customer contacts the utility and fulfills the other requirements of this section.
(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 under the state's plan for low-income energy assistance prepared in accordance with 42 U.S.C. 8624(C)(1) 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, 1991.))
Sec. 4. RCW 80.28.010 and 1990 1st ex.s. c 1 s 5 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, 1991:
(a))) Utility
service for residential space heating shall not be terminated between November
15 through March 15 if the customer:
(((i)))
(a) Notifies the utility of the inability to pay the bill, including a
security deposit. This notice should be provided within five business days of
receiving a payment overdue notice unless there are extenuating circumstances.
If the customer fails to notify the utility within five business days and
service is terminated, the customer can, by paying reconnection charges, if
any, and fulfilling the requirements of this section, receive the protections
of this chapter;
(((ii)))
(b) Provides self-certification of household income for the prior twelve
months to a grantee of the department of community development which
administers federally funded energy assistance programs. The grantee shall
determine 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 shall provide a dollar figure that is seven percent of
household income. The grantee may verify information provided in the
self-certification;
(((iii)))
(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;
(((iv)))
(d) Has applied for low-income weatherization assistance to the utility
or other appropriate agency if such assistance is available for the dwelling;
(((v)))
(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 percent of the customer's
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter 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 seven percent of
monthly income plus one-twelfth of any arrearage accrued from the date
application is made and thereafter. 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)))
(f) Agrees to pay the moneys owed even if he or she moves.
(((b)))
(5) The utility shall:
(((i)))
(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;
(((ii)))
(b) Assist the customer in fulfilling the requirements under this
section;
(((iii)))
(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;
(((iv)))
(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
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; and
(((v)))
(e) Advise the customer in writing at the time it disconnects service
that it will restore service if the customer contacts the utility and fulfills
the other requirements of this section.
(((c)))
(6) A payment plan implemented under this section is consistent with RCW
80.28.080.
(((5)))
(7) 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
under the state's plan for low-income energy assistance prepared in accordance
with 42 U.S.C. 8624(C)(1) 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)))
(8) 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)))
(9) An agreement between the customer and the utility, whether oral or
written, shall not waive the protections afforded under this chapter.