H-3299 _______________________________________________
HOUSE BILL NO. 2026
_______________________________________________
State of Washington 49th Legislature 1986 Regular Session
By Representatives Todd, Isaacson, Unsoeld, Jacobsen and Sanders
Read first time 1/24/86 and referred to Committee on Energy & Utilities.
AN ACT Relating to residential space heating; amending RCW 35.21.300, 54.16.285, 80.28.010, 35.21.301, 54.16.286, and 80.28.011; and adding a new section to chapter 23.86 RCW.
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,))
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:
(a))) Electricity 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. This notice
shall be provided within five business days of receiving a payment overdue
notice unless there are extenuating circumstances;
(((ii)))
(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 and two percent
of household income;
(((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 ((applicable)) 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. 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)) for
current charges plus two percent on any arrearage. 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))
eleven 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)))
(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 and a description of the customer's duties in
this ((subsection)) section;
(((ii)))
(b) Assist the customer in fulfilling the requirements under this ((subsection))
section;
(((iii)))
(c) 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)))
(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)) section. Customers who qualify for payment
plans under this section, who default on their payment plans, and who are
disconnected can be reconnected by paying reconnection charges, if any, and by
paying all amounts which 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)))
(4) All municipal utilities shall offer residential customers the option
of a budget billing or equal payment plan.
Sec. 2. 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. 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 and two 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. 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)) for current
charges plus two percent on any arrearage. 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))
eleven 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 who are disconnected can be reconnected by paying reconnection charges, if any, and by paying all amounts which 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)
This section shall expire June 30, 1986.))
Sec. 3. 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:
(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. This notice
shall be provided within five business days of receiving a payment overdue
notice unless there are extenuating circumstances;
(((ii)))
(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 and two percent
of household income;
(((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 applicable 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. 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)) for
current charges plus two percent on any arrearage. 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))
eleven 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)))
(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 and a description of the customer's duties in ((this))
subsection (4) of this section;
(((ii)))
(b) Assist the customer in fulfilling the requirements under ((this))
subsection (4) of this section;
(((iii)))
(c) Be authorized to transfer an account to a new residence when a
customer who has established a plan under ((this)) subsection (4) of
this section moves from one residence to another within the same utility
service area; and
(((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)) section. Customers who qualify for payment
plans under this section, who default on their payment plans, and who are
disconnected can be reconnected by paying reconnection charges, if any, and by
paying all amounts which would have been due and owing under the terms of the
applicable payment plan, absent default, on the date on which service is
reconnected.
(((c)))
(6) A payment plan implemented under this ((subsection)) 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.
(((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.
Sec. 4. Section 5, chapter 251, Laws of 1984 and RCW 35.21.301 are each amended to read as follows:
((Until
1986,)) 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)) RCW 35.21.300(2), (3),
and (4) benefits low income persons, and (2) the costs and benefits to
other customers.
((This
section shall expire June 30, 1986.))
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)) RCW 54.16.285 and 54.16.290
benefits low income persons, and (2) the costs and benefits to other customers.
((This
section shall expire June 30, 1986.))
Sec. 6. 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)) RCW
80.28.010(4), (5), (6), and (7) benefits low income persons, and (2) the
costs and benefits to other customers.
((This
section shall expire June 30, 1986.))
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 if the customer:
(a) Notifies the cooperative 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 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. Sec. 8624 and which provides a dollar figure that is nine percent and two 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 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 and to pay for continued electric service. The plan shall not require monthly payments in excess of nine percent of the customer's monthly income for current charges plus two percent on any arrearage. A customer may agree to pay a higher percentage, but the plan shall not be invalidated unless payment during this period is less than eleven 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; and
(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 who are disconnected can be reconnected by paying reconnection charges, if any, and by paying all amounts which would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected.
NEW SECTION. Sec. 8. A new section is added to chapter 24.06 RCW to read as follows:
(1) A mutual providing electric service for residential space heating shall not terminate such utility service if the customer:
(a) Notifies the mutual 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 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. Sec. 8624 and which provides a dollar figure that is nine percent and two 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 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 and to pay for continued electric service. The plan shall not require monthly payments in excess of nine percent of the customer's monthly income for current charges plus two percent on any arrearage. A customer may agree to pay a higher percentage, but the plan shall not be invalidated unless payment during this period is less than eleven percent. If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the mutual to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(2) The mutual 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's service area; and
(d) Be permitted to disconnect service if the customer fails to honor the payment program. Mutuals 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 who are disconnected can be reconnected by paying reconnection charges, if any, and by paying all amounts which would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected.