District Of Columbia 2023-2024 Regular Session

District Of Columbia Council Bill B25-0831 Compare Versions

Only one version of the bill is available at this time.

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6	6
7	7	Statement of Introduction
8	8	Utility Disconnection Protection Act of 2024
9	9	May 24, 2024
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12	12	Today, along with Councilmember Trayon White, I am introducing the “Utility
13	13	Disconnection Protection Act of 2024”. This bill prohibits an electric company or gas
14	14	company from disconnecting service for protected District households during the summer
15	15	and winter months. The bill establishes the program under the Department of Energy and
16	16	the Environment. The bill also requires the establishment of guidelines for payment plans
17	17	for eligible customers and sets limits on what providers can charge to turn utilities back
18	18	on after they have been disconnected due to non-payment. Finally, the bill requires that
19	19	an electric company or gas company report data on unpaid bills and disconnections to the
20	20	Public Service Commission monthly. This act is a permanent and narrower version of the
21	21	protections that were in place during the public health emergency, and will work in
22	22	tandem with B25-0675, the “Water is Life Amendment Act of 2024” introduced by
23	23	Councilmember Parker, which prohibits water companies from disconnecting water
24	24	service.
25	25
26	26	Shutting off a home’s energy supply can have grave consequences on its residents’
27	27	health and financial wellbeing. Energy insecurity can often lead to physical and mental
28	28	health challenges, including difficulty sleeping, poor respiratory health, and food
29	29	insecurity, and at times, can be fatal. Those who are behind on their utility bills also face
30	30	economic repercussions, such as eviction or foreclosure. This can negatively impact their
31	31	credit scores and bar them from establishing utility accounts in the future.
32	32	1
33	33	In 2022,
34	34	District households had their gas and electricity cut off nearly 8,800 times for nonpayment
35	35	- disproportionately impacting low-income and Black and brown communities.
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40	40	Which Americans Face the Greatest Risk of Utility Shut-Offs, and How Do they Cope? \| Housing Matters
41	41	(urban.org)
42	42	2
43	43	Pepco disconnected customers 4,217 times last year. See Potomac Electric Power Company’s December
44	44	2022 Compliance with DC PSC Case Nos. 813-1043 Order Nos. 14293 and 15134, DC Public Service
45	45	Commission, January 20, 2023,
46	46	https://edocket.dcpsc.org/apis/api/Filing/download?attachId=185094&guidFileName=453b7d4ab7e9-43ab-
47	47	8a09-963cdfca5b63.pdf.
48	48	Washington Gas disconnected customers 4,568 times last year. See Washington Gas Light Company’s
49	49	Monthly Report pursuant to Order No. 15134, Public Service Commission, January 20, 2023,
50	50	https://edocket.dcpsc.org/apis/api/Filing/download?attachId=185081&guidFileName=67dafe64-8b13-4640-
51	51	bcb0- 6efc522b48bb.pdf. 2
52	52
53	53	To ensure that District residents have safe and affordable access to life saving
54	54	electricity and heat, the Utility Disconnection Protection Act of 2024 prohibits an electric
55	55	company or gas company from disconnecting service for protected households during the
56	56	hottest and coldest months. Based on current temperature data, the disconnection
57	57	protection will apply from May 15 through September 15, and from November 1 through
58	58	February 29.
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60	60	Protected District households include those households with children under
61	61	the age of 18, seniors aged 65 and older, individuals with disabilities, and recipients of
62	62	certain public assistance programs. The program will be housed and administered under
63	63	the Department of Energy and the Environment. This legislation also ensures that all
64	64	eligible customers are offered a payment plan and are not charged a fee greater than $25
65	65	to turn their electricity or gas back on after disconnection. Currently, utility providers are
66	66	not required to offer a payment plan to customers and require that a bill is paid in full
67	67	before turning services back on, which can amount to hundreds or thousands of dollars.
68	68	This bill also updates the frequency of reporting that utility companies must provide to the
69	69	Public Service Commission from a quarterly basis to a monthly basis.
70	70	Forty-eight other states have regulations in place that restrict the ability of
71	71	landlords and utility companies to shut off utilities, but these laws vary widely. For
72	72	instance, Indiana prohibits natural gas and electricity disconnections between December 1
73	73	and March 15 for tenants who receive public assistance. Idaho, on the other hand,
74	74	prohibits disconnection from December 1 to February 28 for households with children
75	75	under 18 or seniors aged 62 or older.
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77	77	In the District of Columbia, however, it is only
78	78	against the law to shut off electricity and natural gas when the temperature is forecasted
79	79	to be 95 degrees Fahrenheit or above or 32 degrees Fahrenheit or below. The District’s
80	80	temperature-based blanket ban applies to all utility customers. This bare-minimum
81	81	protection is inadequate for many populations in the District, and lags far behind other
82	82	states with comprehensive date-based protections.
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86	86	National Centers for Environmental Information (NCEI) (noaa.gov)
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88	88	State Disconnect Policies \| The LIHEAP Clearinghouse (hhs.gov) _____________________________
89	89	Councilmember Trayon White, Sr.
90	90	_____________________________
91	91	Councilmember Brianne K. Nadeau
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94	94
95	95	A BILL
96	96	__________
97	97
98	98
99	99	IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
100	100
101	101	________________
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103	103
104	104	To prohibit an electric company or gas company from disconnecting residential electric or gas 1
105	105	service for protected households during the summer and winter months; to establish the 2
106	106	program under the Department of Energy and the Environment; to require the 3
107	107	establishment of guidelines for payment plans for all eligible customers and a maximum 4
108	108	payment amount to turn utilities back on; and to require that an electric company or gas 5
109	109	company report arrearage and disconnection data to the Public Service Commission on a 6
110	110	monthly basis. 7
111	111	8
112	112	BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 9
113	113	act may be cited as the “Utility Disconnection Protection Act of 2024”. 10
114	114	Sec. 2. Definitions. 11
115	115	For the purposes of this act, the term: 12
116	116	(1) “Disability” shall have the same meaning as provided in section 404(4) of the 13
117	117	Disability Rights Protection Act of 2006, effective March 8, 2007 (D.C. Law 16-239; D.C. 14
118	118	Official Code § 2-1431.01(4)). 15
119	119	(2) “Electric company” shall have the same meaning as provided in section 8 of 16
120	120	An Act Making appropriations to provide for the expenses of the government of the District of 17
121	121	Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other 18
122	122	purposes, approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207). 19
123	123	(3) “Eligible customer” means a utility customer that: 20
124	124	(A) Has notified the utility provider of an inability to pay all or a portion 21 2
125	125	of the amount due; and, 22
126	126	(B) Agrees in writing to make payments in accordance with the payment 23
127	127	plan. 24
128	128	(4) "Gas company" shall have the same meaning as provided in section 3(11) of 25
129	129	the Retail Natural Gas Supplier Licensing and Consumer Protection Act of 2004, effective 26
130	130	March 16, 2005 (D.C. Law 15-227; D.C. Official Code § 34-1671.02(11)). 27
131	131	(5) “Protected household” means a household that includes a resident who is: 28
132	132	(A) an elderly person 65 years of age or older; 29
133	133	(B) a child under 18 years of age; 30
134	134	(C) an individual with a disability; or, 31
135	135	(D) a recipient of any of the following public assistance programs: 32
136	136	(i) Temporary Assistance for Needy Families, established under 33
137	137	part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); 34
138	138	(ii) the Supplemental Nutrition Assistance Program, established 35
139	139	under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 36
140	140	(iii) the supplemental security income program established under 37
141	141	Title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); 38
142	142	(iv) Low Income Home Energy Assistance Program; 39
143	143	(v) Veteran’s Disability Pension; 40
144	144	(vi) Veteran’s Surviving Spouse Pension; 41
145	145	(vii) Lifeline; 42
146	146	(viii) Medical Assistance; or, 43
147	147	(ix) any other income-based assistance program identified by the 44 3
148	148	Mayor. 45
149	149	(6) “Utility provider” means an electric company or a gas company. 46
150	150	Sec. 3. Shutoff prohibition. 47
151	151	(a) A utility provider shall not disconnect residential service for any protected household 48
152	152	from May 15 through September 15 and from November 1
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154	154	through February 29. 49
155	155	(b) The Department of Energy and Environment (“DOEE”) shall establish a process for 50
156	156	verification of program eligibility and proof of residency and provide protected households with 51
157	157	the necessary information and support. 52
158	158	(c) A utility provider shall provide information on all monthly bills about the prohibitions 53
159	159	established by this section, along with information about how to apply for assistance with DOEE. 54
160	160	Sec. 4. Payment plan. 55
161	161	(a) A utility provider shall offer a payment plan program ("program") for eligible 56
162	162	customers. Under its program, a utility provider shall: 57
163	163	(1) Make a payment plan available to an eligible customer for the payment of 58
164	164	amounts that come due during the program period, with a minimum term length of one year, 59
165	165	unless a shorter time period is requested by the eligible customer; 60
166	166	(2) Waive any fee, interest, or penalty that arises out of the eligible customer 61
167	167	entering into a payment plan; 62
168	168	(3) Not report to a credit reporting agency as delinquent the amounts subject to 63
169	169	the payment plan; 64
170	170	(4) Notify all customers of the availability, terms, and application process for its 65
171	171	Program; and, 66
172	172	(5) Reconnect service to occupied residential property upon an eligible 67 4
173	173	customer's request and not charge a fee greater than $25 for this reconnection. 68
174	174	(b)(1) Customers entering into a payment plan shall be required to make payments in 69
175	175	monthly installments for the duration of the payment plan unless a shorter payment schedule is 70
176	176	requested by the customer. 71
177	177	(2) A utility provider shall permit a customer that has entered into a payment 72
178	178	plan to pay an amount greater than the monthly amount established in the payment plan. 73
179	179	(3) A utility provider shall not require or request a customer provide a lump-sum 74
180	180	payment under a payment plan. 75
181	181	(4) A utility provider shall provide confirmation in writing to the customer of the 76
182	182	payment plan entered into, including the terms of a payment plan. 77
183	183	(c) A utility provider shall utilize existing procedures or, if necessary, establish new 78
184	184	procedures, subject to approval by the Public Service Commission (“Commission”), to provide a 79
185	185	process by which a customer may apply for a payment plan, which may include requiring the 80
186	186	customer to submit supporting documentation. A utility provider shall establish a payment plan 81
187	187	application process either online or by telephone. 82
188	188	(d)(1) A utility provider shall approve each application for a payment plan made by an 83
189	189	eligible customer. 84
190	190	(2) If the customer is not eligible and the customer's application for a payment 85
191	191	plan is denied, the utility provider shall inform the customer, in writing, of the denial and of the 86
192	192	option to file a written complaint pursuant to subsection (g) of this section. 87
193	193	(e)(1) A utility provider shall not disconnect service for non-payment of a bill or fees 88
194	194	when a customer has entered into a payment plan under this section and has made payments in 89
195	195	accordance with the terms of the payment plan; 90 5
196	196	(2) When a customer fails to pay in full the amounts due under a payment plan 91
197	197	on three separate occasions during the term of such payment plan, and the customer and utility 92
198	198	provider have not mutually agreed to a modification of the terms of the payment plan, nothing 93
199	199	under this section shall prevent a utility provider from either offering the customer a new 94
200	200	payment plan or disconnecting service. 95
201	201	(3) Notwithstanding any provision in this section, a utility provider is not 96
202	202	required to offer a customer a new payment plan within one year from when a customer has 97
203	203	defaulted on a previous payment plan offered pursuant to this section. 98
204	204	(f)(1) A utility provider that receives an application for a payment plan pursuant to this 99
205	205	section shall retain the application, whether approved or denied, for at least 3 years. 100
206	206	(2) Upon request by the customer, a utility provider shall make an application for 101
207	207	a payment plan available to the Commission, and the Office of the People’s Counsel; 102
208	208	(g) A customer whose application for a payment plan is denied may file a written 103
209	209	complaint with the Commission, and the Office of the People's Counsel. 104
210	210	Sec. 5. Reporting Requirements. 105
211	211	(a) A utility provider shall collect and report the following arrearage and 106
212	212	disconnection data to the Public Service Commission on a monthly basis, disaggregated by Ward 107
213	213	and by nine-digit zip code: 108
214	214	(1) the number of residential customers; 109
215	215	(2) the number of low-income residential customers; 110
216	216	(3) the number of residential customers in arrears and the total dollar amount of 111
217	217	those arrearages; 112
218	218	(4) the number of low-income customers in arrears and the total dollar amount of 113 6
219	219	their arrearages; 114
220	220	(5) the number of residential terminations for non-payment; 115
221	221	(6) the number of low-income residential terminations for non-payment; 116
222	222	(7) the number of low-income residential service arrearage-related restorations; 117
223	223	(8) the number of residential service arrearage-related restorations; 118
224	224	(9) the total dollar amount of low-income residential accounts determined 119
225	225	uncollectible; 120
226	226	(10) the total dollar amount of residential accounts determined uncollectible; 121
227	227	(11) the number of disconnection notices issued to residential customers; 122
228	228	(12) the number of disconnection notices issued to low-income residential 123
229	229	customers: 124
230	230	(13) total revenues from low-income residential customers; 125
231	231	(14) total revenues from residential customers; 126
232	232	(15) the number of low-income deferred payment agreements entered into each 127
233	233	month and the total dollar amount associated with each low-income deferred payment 128
234	234	agreement; and 129
235	235	(16) the number of residential deferred payment agreements entered into each 130
236	236	month and the total dollar amount associated with each residential deferred payment agreement. 131
237	237	Sec. 6. Fiscal impact statement. 132
238	238	The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 133
239	239	statement required by section 4a of the General Legislative Procedures Act of 1975, approved 134
240	240	October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 135
241	241	Sec. 7. Effective date. 136 7
242	242	This act shall take effect following approval by the Mayor (or in the event of veto by the 137
243	243	Mayor, action by the Council to override the veto) and a 30-day period of congressional review 138
244	244	as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 139
245	245	24, 1973 (87 Stat. 813; D.C. Official Code § 1). 140