1 | 1 | | BILL AS INTRODUCED H.88 |
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2 | 2 | | 2025 Page 1 of 5 |
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4 | 4 | | |
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5 | 5 | | VT LEG #379357 v.1 |
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6 | 6 | | H.88 1 |
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7 | 7 | | Introduced by Representatives McCann of Montpelier, Harple of Glover, 2 |
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8 | 8 | | Headrick of Burlington, Logan of Burlington, McGill of Bridport, Priestley of 3 |
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9 | 9 | | Bradford, Tomlinson of Winooski, and Waszazak of Barre City 4 |
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10 | 10 | | Referred to Committee on 5 |
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11 | 11 | | Date: 6 |
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12 | 12 | | Subject: Utilities; nonpayment; extreme heat; disconnection prohibition 7 |
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13 | 13 | | Statement of purpose of bill as introduced: This bill proposes to prohibit an 8 |
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14 | 14 | | electric, water, or wastewater utility from involuntarily terminating residential 9 |
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15 | 15 | | service for nonpayment during periods of extreme heat. 10 |
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16 | 16 | | An act relating to a prohibition on utility disconnections during periods of 11 |
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17 | 17 | | extreme heat 12 |
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18 | 18 | | It is hereby enacted by the General Assembly of the State of Vermont: 13 |
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19 | 19 | | Sec. 1. UTILITY DISCONNECTION RULE; EXTREME HEAT 14 |
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20 | 20 | | (a) On or before June 1, 2026, and for the purpose of protecting the health 15 |
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21 | 21 | | and safety of Vermonters, the Public Utility Commission shall adopt a rule 16 |
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22 | 22 | | prohibiting an electric, water, or wastewater utility from involuntarily 17 |
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23 | 23 | | disconnecting residential service for nonpayment during a period of extreme 18 |
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24 | 24 | | heat in the utility’s service territory. For purposes of this section, residential 19 |
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25 | 25 | | service includes service to tenants in metered apartment buildings and 20 BILL AS INTRODUCED H.88 |
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26 | 26 | | 2025 Page 2 of 5 |
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28 | 28 | | |
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29 | 29 | | VT LEG #379357 v.1 |
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30 | 30 | | residents of mobile home parks. The rule shall include the following 1 |
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31 | 31 | | provisions: 2 |
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32 | 32 | | (1) A process that allows a resident to reconnect utility service during a 3 |
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33 | 33 | | period of extreme heat if their service was previously disconnected for 4 |
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34 | 34 | | nonpayment. 5 |
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35 | 35 | | (2) A process that allows a utility to require a resident to enter into a 6 |
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36 | 36 | | reasonable repayment plan prior to reconnecting service pursuant to 7 |
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37 | 37 | | subdivision (1) of this subsection. 8 |
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38 | 38 | | (3) A process for informing residents of their rights under this section. 9 |
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39 | 39 | | (4) A requirement that each utility keep a written record of all 10 |
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40 | 40 | | reconnection requests received pursuant to this section and all service 11 |
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41 | 41 | | disconnections rescheduled due to extreme heat. Such record shall be 12 |
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42 | 42 | | available for inspection by the Public Utility Commission or the Department of 13 |
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43 | 43 | | Public Service, upon request. 14 |
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44 | 44 | | (b) As used in this section: 15 |
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45 | 45 | | (1) “Period of extreme heat” means that, within the 24 hours following 16 |
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46 | 46 | | the scheduled disconnection, the forecasted temperature is at or above 92 17 |
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47 | 47 | | degrees Fahrenheit or the National Weather Service has issued or has 18 |
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48 | 48 | | announced that it intends to issue a heat-related alert, such as an excessive heat 19 |
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49 | 49 | | warning, a heat advisory, an excessive heat watch, or a similar alert. 20 BILL AS INTRODUCED H.88 |
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50 | 50 | | 2025 Page 3 of 5 |
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52 | 52 | | |
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53 | 53 | | VT LEG #379357 v.1 |
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54 | 54 | | (2) “Utility” means an electric, water, or wastewater utility subject to the 1 |
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55 | 55 | | jurisdiction of the Public Utility Commission under 30 V.S.A. § 203(3) and 2 |
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56 | 56 | | (6). 3 |
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57 | 57 | | Sec. 2. 24 V.S.A. § 5143 is amended to read: 4 |
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58 | 58 | | § 5143. DISCONNECTION OF SERVICE 5 |
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59 | 59 | | (a) No municipality shall disconnect service to a ratepayer unless payment 6 |
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60 | 60 | | of a valid bill or charge is delinquent as defined herein, and notice of 7 |
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61 | 61 | | disconnection has been provided previously to the ratepayer. A copy of the 8 |
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62 | 62 | | notice shall be sent to the occupant of a residential dwelling that will be 9 |
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63 | 63 | | affected by the disconnection if the occupant is different than the ratepayer. 10 |
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64 | 64 | | (b) Disconnection shall not be permitted if: 11 |
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65 | 65 | | (1) The delinquent bill or charge, or aggregate delinquent bills and 12 |
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66 | 66 | | charges, do not exceed $15.00. 13 |
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67 | 67 | | (2) The delinquency is due solely to a disputed portion of a charge that 14 |
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68 | 68 | | is the subject of an appeal. 15 |
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69 | 69 | | (3) The delinquency is due to a failure to pay a deposit, line extension, 16 |
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70 | 70 | | special assessment, special construction charge, or other nonrecurring charge. 17 |
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71 | 71 | | (4) The disconnection would represent an immediate and serious hazard 18 |
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72 | 72 | | to the health of the ratepayer or a resident within the ratepayer’s household, as 19 |
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73 | 73 | | set forth in a physician’s certificate that is on file with the municipality. Notice 20 |
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74 | 74 | | by telephone or otherwise that such certificate will be forthcoming will have 21 BILL AS INTRODUCED H.88 |
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77 | 77 | | |
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78 | 78 | | VT LEG #379357 v.1 |
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79 | 79 | | the effect of receipt, providing the certificate is in fact received within seven 1 |
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80 | 80 | | days. 2 |
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81 | 81 | | (5) The ratepayer has not been given an opportunity to enter into a 3 |
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82 | 82 | | reasonable agreement to pay the delinquent bill or, having made such 4 |
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83 | 83 | | agreement, has abided by its terms. 5 |
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84 | 84 | | (6) The disconnection for a delinquency would occur during a period of 6 |
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85 | 85 | | extreme heat. As used in this section, “period of extreme heat” means that, 7 |
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86 | 86 | | within 24 hours following the scheduled disconnection, the forecasted 8 |
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87 | 87 | | temperature is at or above 92 degrees Fahrenheit or the National Weather 9 |
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88 | 88 | | Service has issued or announced that it intends to issue a heat-related alert, 10 |
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89 | 89 | | such as an excessive heat warning, a heat advisory, an excessive heat watch, or 11 |
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90 | 90 | | a similar alert. 12 |
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91 | 91 | | (c) The tenant of a rental dwelling noticed for disconnection due to the 13 |
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92 | 92 | | delinquency of the ratepayer shall have the right to request and pay for 14 |
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93 | 93 | | continued service from the utility or reconnection of water and sewer service 15 |
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94 | 94 | | for the rental dwelling, which the utility shall provide. If any water and sewer 16 |
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95 | 95 | | charges or fees are included in the tenant’s rent, the tenant may deduct the cost 17 |
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96 | 96 | | of any water and sewer service charges or fees paid to the municipality from 18 |
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97 | 97 | | his or her the tenant’s rent pursuant to 9 V.S.A. § 4459. Under such 19 |
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98 | 98 | | circumstances, the utility shall not require the tenant to pay any arrearage 20 |
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99 | 99 | | greater than one billing cycle. 21 BILL AS INTRODUCED H.88 |
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102 | 102 | | |
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103 | 103 | | VT LEG #379357 v.1 |
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104 | 104 | | (d) During a period of extreme heat, a resident may request that a utility 1 |
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105 | 105 | | reconnect service that had previously been disconnected for nonpayment. If 2 |
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106 | 106 | | required by the utility, the resident shall enter into a repayment plan prior to 3 |
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107 | 107 | | the reconnection. A repayment plan shall not require a resident to make 4 |
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108 | 108 | | monthly payments in excess of six percent of the resident’s monthly income. 5 |
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109 | 109 | | A resident may agree to pay a higher percentage during the repayment period 6 |
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110 | 110 | | but shall not be in default unless payment during this period is less than six 7 |
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111 | 111 | | percent of the resident’s monthly income. If assistance payments are received 8 |
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112 | 112 | | by the resident after implementation of the plan, the resident shall contact the 9 |
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113 | 113 | | utility to reformulate the plan. 10 |
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114 | 114 | | Sec. 3. EFFECTIVE DATE 11 |
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115 | 115 | | This act shall take effect on July 1, 2025. 12 |
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