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