UNOFFICIAL COPY 25 RS BR 234
Page 1 of 3
XXXX 2/5/2025 12:24 PM Jacketed
AN ACT relating to utility disconnection protections. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘SECTION 1. A NEW SECTION OF KRS CHAPTER 278 IS CREATED TO 3
READ AS FOLLOWS: 4
(1) For the purposes of this section, "utility" has the same meaning as in KRS 5
278.010(3)(a) and (b). 6
(2) A utility shall not disconnect residential service to a residential customer's 7
residence: 8
(a) On a day when the National Weather Service forecasts that a temperature 9
of thirty-two (32) degrees Fahrenheit or lower will occur at any time during 10
the following seventy-two (72) hour period; 11
(b) On a day when the National Weather Service forecasts that a temperature 12
of ninety-five (95) degrees Fahrenheit or greater will occur at any time 13
during the following seventy-two (72) hour period; 14
(c) For a period of thirty (30) days following the receipt of a certificate of need 15
from a physician, physician assistant, community-based service program, or 16
faith-based service program certifying that disconnection of service would 17
threaten the health and safety of the customer or the occupants of the 18
customer's household; or 19
(d) For nonpayment of a utility bill if the residential customer: 20
1. Makes a payment of not less than ten percent (10%) of the accrued 21
balance of the bill or two hundred dollars ($200), whichever is less; 22
and 23
2. Enters into a payment plan. 24
(3) Late fees shall be waived for any service termination that has been suspended due 25
to a certificate of need issued under subsection (2)(c) of this section. 26
(4) Except as provided in subsection (2) of this section, disconnection of utility 27 UNOFFICIAL COPY 25 RS BR 234
Page 2 of 3
XXXX 2/5/2025 12:24 PM Jacketed
service for nonpayment of a utility bill shall: 1
(a) Occur only between the hours of 8 a.m. and 5 p.m. Monday through 2
Thursday; and 3
(b) Not be authorized on weekends, including Fridays, or on a state or a federal 4
holiday. 5
This subsection does not apply to disconnections of utility service to protect the 6
health and safety of the public. 7
(5) A utility shall give separate final written notice, not less than fourteen (14) days 8
prior to any proposed disconnection of utility service, to a customer's residential 9
household. The notice shall: 10
(a) Be sent separately from the regular billing notice; 11
(b) Be printed on colored paper or cardstock that makes the notice easily 12
distinguishable from the utility's regular billing; 13
(c) Have the words "FINAL NOTICE OF SERVICE TERMINATION" 14
printed in boldface type using a font size not less than twenty-four (24) 15
points; and 16
(d) Include a toll-free number to reach a utility representative who can provide 17
additional information about the disconnection, including how to: 18
1. Obtain a certificate of need or a hardship reconnection order; 19
2. Make a payment or set up a payment plan; 20
3. File for energy cost assistance from community-based or faith-based 21
services; 22
4. Dispute a bill; and 23
5. Provide any other information that the commission deems necessary. 24
(6) A hardship reconnection order shall be granted to the customer requiring the 25
reestablishment of service on the same day as requested on the application for the 26
order, a waiver of reconnection fees, and preservation of a previous security 27 UNOFFICIAL COPY 25 RS BR 234
Page 3 of 3
XXXX 2/5/2025 12:24 PM Jacketed
deposit, if the customer: 1
(a) Had service terminated after the thirty (30) day suspension elapsed as 2
provided under subsection (2)(c) of this section; and 3
(b) Paid ten percent (10%) of the accrued balance of the bill or two hundred 4
dollars ($200), whichever is less, and entered into a payment plan for the 5
remaining balance. 6
(7) If a customer who has already been disconnected makes payment of not less than 7
ten percent (10%) of the accrued balance of the bill or two hundred dollars 8
($200), whichever is less, and enters into a payment plan for the remaining 9
balance, the utility shall make a reasonable effort to restore service on the same 10
day as payment is made but not more than twenty-four (24) hours after the 11
customer's payment. Reconnection fees shall be waived for a service termination 12
made for a customer that has a hardship reconnection order in accordance with 13
subsection (6) of this section. 14
(8) The commission shall promulgate administrative regulations in accordance with 15
KRS Chapter 13A and issue any order the commission deems necessary for 16
setting forth any applicable rules and procedures regarding disconnection, 17
certificates of need, hardship reconnection orders, and any other matters 18
required to implement this section. 19