AN
ACT Relating to reduced rate utility services for low-income citizens; amending
RCW 80.28.010, 80.28.080, 80.28.090, and 80.28.100; and adding a new section to
chapter 80.28 RCW.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
NEW
SECTION. Sec. 1. A
new section is added to chapter 80.28 RCW to read as follows:
Upon
request by an electrical or gas company, the commission may approve rates,
charges, services, and/or physical facilities at a discount for low-income
senior customers and low-income customers. Expenses and lost revenues as a
result of these discounts shall be included in the company's cost of service
and recovered in rates to other customers.
*Sec.
2.
RCW 80.28.010 and 1995 c 399 s 211 are each amended to read as follows:
(1)
Except as provided in section 1 of this act, 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)
Utility service for residential space heating shall not be terminated 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, trade, and economic 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.
(5)
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
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
(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.
(6)
A payment plan implemented under this section is consistent with RCW 80.28.080.
(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.
(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.
(9)
An agreement between the customer and the utility, whether oral or written,
shall not waive the protections afforded under this chapter.
(10)
In establishing rates or charges for water service, water companies as defined
in RCW 80.04.010 may consider the achievement of water conservation goals and
the discouragement of wasteful water use practices.
*Sec. 2 was vetoed. See message at end of chapter.
*Sec.
3.
RCW 80.28.080 and 1985 c 427 s 2 are each amended to read as follows:
Except
as provided in section 1 of this act, no gas company, electrical company or
water company shall charge, demand, collect or receive a greater or less or
different compensation for any service rendered or to be rendered than the
rates and charges applicable to such service as specified in its schedule filed
and in effect at the time, nor shall any such company directly or indirectly
refund or remit in any manner or by any device any portion of the rates or
charges so specified, or furnish its product at free or reduced rates except to
its employees and their families, and its officers, attorneys, and agents; to
hospitals, charitable and eleemosynary institutions and persons engaged in
charitable and eleemosynary work; to indigent and destitute persons; to
national homes or state homes for disabled volunteer soldiers and soldiers' and
sailors' homes: PROVIDED, That the term "employees" as used in this
paragraph shall include furloughed, pensioned and superannuated employees,
persons who have become disabled or infirm in the service of any such company;
and the term "families," as used in this paragraph, shall include the
families of those persons named in this proviso, the families of persons killed
or dying in the service, also the families of persons killed, and the surviving
spouse prior to remarriage, and the minor children during minority of persons
who died while in the service of any of the companies named in this paragraph:
PROVIDED FURTHER, That water companies may furnish free or at reduced rates
water for the use of the state, or for any project in which the state is
interested: AND PROVIDED FURTHER, That gas companies, electrical companies,
and water companies may charge the defendant for treble damages awarded in
lawsuits successfully litigated under RCW 80.28.240.
No
gas company, electrical company or water company shall extend to any person or
corporation any form of contract or agreement or any rule or regulation or any
privilege or facility except such as are regularly and uniformly extended to
all persons and corporations under like circumstances.
*Sec. 3 was vetoed. See message at end of chapter.
*Sec.
4.
RCW 80.28.090 and 1961 c 14 s 80.28.090 are each amended to read as follows:
Except
as provided in section 1 of this act, no gas company, electrical company or
water company shall make or grant any undue or unreasonable preference or advantage
to any person, corporation, or locality, or to any particular description of
service in any respect whatsoever, or subject any particular person,
corporation or locality or any particular description of service to any undue
or unreasonable prejudice or disadvantage in any respect whatsoever.
*Sec. 4 was vetoed. See message at end of chapter.
*Sec.
5.
RCW 80.28.100 and 1961 c 14 s 80.28.100 are each amended to read as follows:
Except
as provided in section 1 of this act, no gas company, electrical company or
water company shall, directly or indirectly, or by any special rate, rebate,
drawback or other device or method, charge, demand, collect or receive from any
person or corporation a greater or less compensation for gas, electricity or
water, or for any service rendered or to be rendered, or in connection
therewith, except as authorized in this chapter, than it charges, demands,
collects or receives from any other person or corporation for doing a like or
contemporaneous service with respect thereto under the same or substantially
similar circumstances or conditions.
*Sec. 5 was vetoed. See message at end of chapter.
