Vermont 2025-2026 Regular Session

Vermont House Bill H0088 Compare Versions

Only one version of the bill is available at this time.
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11 BILL AS INTRODUCED H.88
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55 VT LEG #379357 v.1
66 H.88 1
77 Introduced by Representatives McCann of Montpelier, Harple of Glover, 2
88 Headrick of Burlington, Logan of Burlington, McGill of Bridport, Priestley of 3
99 Bradford, Tomlinson of Winooski, and Waszazak of Barre City 4
1010 Referred to Committee on 5
1111 Date: 6
1212 Subject: Utilities; nonpayment; extreme heat; disconnection prohibition 7
1313 Statement of purpose of bill as introduced: This bill proposes to prohibit an 8
1414 electric, water, or wastewater utility from involuntarily terminating residential 9
1515 service for nonpayment during periods of extreme heat. 10
1616 An act relating to a prohibition on utility disconnections during periods of 11
1717 extreme heat 12
1818 It is hereby enacted by the General Assembly of the State of Vermont: 13
1919 Sec. 1. UTILITY DISCONNECTION RULE; EXTREME HEAT 14
2020 (a) On or before June 1, 2026, and for the purpose of protecting the health 15
2121 and safety of Vermonters, the Public Utility Commission shall adopt a rule 16
2222 prohibiting an electric, water, or wastewater utility from involuntarily 17
2323 disconnecting residential service for nonpayment during a period of extreme 18
2424 heat in the utility’s service territory. For purposes of this section, residential 19
2525 service includes service to tenants in metered apartment buildings and 20 BILL AS INTRODUCED H.88
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3030 residents of mobile home parks. The rule shall include the following 1
3131 provisions: 2
3232 (1) A process that allows a resident to reconnect utility service during a 3
3333 period of extreme heat if their service was previously disconnected for 4
3434 nonpayment. 5
3535 (2) A process that allows a utility to require a resident to enter into a 6
3636 reasonable repayment plan prior to reconnecting service pursuant to 7
3737 subdivision (1) of this subsection. 8
3838 (3) A process for informing residents of their rights under this section. 9
3939 (4) A requirement that each utility keep a written record of all 10
4040 reconnection requests received pursuant to this section and all service 11
4141 disconnections rescheduled due to extreme heat. Such record shall be 12
4242 available for inspection by the Public Utility Commission or the Department of 13
4343 Public Service, upon request. 14
4444 (b) As used in this section: 15
4545 (1) “Period of extreme heat” means that, within the 24 hours following 16
4646 the scheduled disconnection, the forecasted temperature is at or above 92 17
4747 degrees Fahrenheit or the National Weather Service has issued or has 18
4848 announced that it intends to issue a heat-related alert, such as an excessive heat 19
4949 warning, a heat advisory, an excessive heat watch, or a similar alert. 20 BILL AS INTRODUCED H.88
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5454 (2) “Utility” means an electric, water, or wastewater utility subject to the 1
5555 jurisdiction of the Public Utility Commission under 30 V.S.A. § 203(3) and 2
5656 (6). 3
5757 Sec. 2. 24 V.S.A. § 5143 is amended to read: 4
5858 § 5143. DISCONNECTION OF SERVICE 5
5959 (a) No municipality shall disconnect service to a ratepayer unless payment 6
6060 of a valid bill or charge is delinquent as defined herein, and notice of 7
6161 disconnection has been provided previously to the ratepayer. A copy of the 8
6262 notice shall be sent to the occupant of a residential dwelling that will be 9
6363 affected by the disconnection if the occupant is different than the ratepayer. 10
6464 (b) Disconnection shall not be permitted if: 11
6565 (1) The delinquent bill or charge, or aggregate delinquent bills and 12
6666 charges, do not exceed $15.00. 13
6767 (2) The delinquency is due solely to a disputed portion of a charge that 14
6868 is the subject of an appeal. 15
6969 (3) The delinquency is due to a failure to pay a deposit, line extension, 16
7070 special assessment, special construction charge, or other nonrecurring charge. 17
7171 (4) The disconnection would represent an immediate and serious hazard 18
7272 to the health of the ratepayer or a resident within the ratepayer’s household, as 19
7373 set forth in a physician’s certificate that is on file with the municipality. Notice 20
7474 by telephone or otherwise that such certificate will be forthcoming will have 21 BILL AS INTRODUCED H.88
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7979 the effect of receipt, providing the certificate is in fact received within seven 1
8080 days. 2
8181 (5) The ratepayer has not been given an opportunity to enter into a 3
8282 reasonable agreement to pay the delinquent bill or, having made such 4
8383 agreement, has abided by its terms. 5
8484 (6) The disconnection for a delinquency would occur during a period of 6
8585 extreme heat. As used in this section, “period of extreme heat” means that, 7
8686 within 24 hours following the scheduled disconnection, the forecasted 8
8787 temperature is at or above 92 degrees Fahrenheit or the National Weather 9
8888 Service has issued or announced that it intends to issue a heat-related alert, 10
8989 such as an excessive heat warning, a heat advisory, an excessive heat watch, or 11
9090 a similar alert. 12
9191 (c) The tenant of a rental dwelling noticed for disconnection due to the 13
9292 delinquency of the ratepayer shall have the right to request and pay for 14
9393 continued service from the utility or reconnection of water and sewer service 15
9494 for the rental dwelling, which the utility shall provide. If any water and sewer 16
9595 charges or fees are included in the tenant’s rent, the tenant may deduct the cost 17
9696 of any water and sewer service charges or fees paid to the municipality from 18
9797 his or her the tenant’s rent pursuant to 9 V.S.A. § 4459. Under such 19
9898 circumstances, the utility shall not require the tenant to pay any arrearage 20
9999 greater than one billing cycle. 21 BILL AS INTRODUCED H.88
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104104 (d) During a period of extreme heat, a resident may request that a utility 1
105105 reconnect service that had previously been disconnected for nonpayment. If 2
106106 required by the utility, the resident shall enter into a repayment plan prior to 3
107107 the reconnection. A repayment plan shall not require a resident to make 4
108108 monthly payments in excess of six percent of the resident’s monthly income. 5
109109 A resident may agree to pay a higher percentage during the repayment period 6
110110 but shall not be in default unless payment during this period is less than six 7
111111 percent of the resident’s monthly income. If assistance payments are received 8
112112 by the resident after implementation of the plan, the resident shall contact the 9
113113 utility to reformulate the plan. 10
114114 Sec. 3. EFFECTIVE DATE 11
115115 This act shall take effect on July 1, 2025. 12