H.B. 332

1

UTILITY PAYMENT ASSISTANCE
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Carl Wimmer
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends Title 54, Chapter 7, Hearings, Practice, and Procedure by requiring a
10 gas or electric corporation to obtain customer permission before billing a customer for
11 low-income assistance program funding.
12 Highlighted Provisions:
13 This bill:
14 . requires that a gas or electric corporation obtain a customer's permission before
15 billing the customer for low-income assistance program funding;
16 . provides that the customer may change the customer's election at any time; and
17 . makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 54-7-13.6, as last amended by Laws of Utah 2010, Chapter 324
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 54-7-13.6 is amended to read:

28 54-7-13.6. Low-income assistance program.
29 (1) As used in this section, "eligible customer" means an electrical corporation or a gas
30 corporation customer:
31 (a) that earns no more than:
32 (i) 125% of the federal poverty level; or
33 (ii) another percentage of the federal poverty level as determined by the commission by
34 order; and
35 (b) whose eligibility is certified by the Utah Department of Community and Culture.
36 (2) A customer's income eligibility for the program described in this section shall be
37 renewed annually.
38 (3) An eligible customer may not receive assistance at more than one residential
39 location at any one time.
40 (4) Notwithstanding Section 54-3-8 , the commission may approve a low-income
41 assistance program, within available funds, to provide bill payment assistance to low-income
42 residential customers of:
43 (a) an electrical corporation with more than 50,000 customers; or
44 (b) a gas corporation with more than 50,000 customers.
45 [(5) (a) (i) Subject to Subsection (5)(a)(ii), low-income assistance program funding
46 from each rate class may be in an amount determined by the commission.]
47 [(ii) Low-income assistance program funding described in Subsection (5)(a)(i) may not
48 exceed 0.5% of the rate class's retail revenues.]
49 [(b) (i) Low-income assistance program funding for bill payment assistance shall be
50 provided through a surcharge on the monthly bill of each Utah retail customer of the electrical
51 corporation or gas corporation providing the program.]
52 [(ii) The surcharge described in Subsection (5)(b)(i) may not be collected from
53 customers currently participating in the low-income assistance program.]
54 [(c) (i) Subject to Subsection (5)(c)(ii), the monthly surcharge described in Subsection
55 (5)(b)(i) shall be calculated as an equal percentage of revenues from all rate schedules.]
56 [(ii) The monthly surcharge described in Subsection (5)(b)(i) may not exceed $50 per
57 month for any customer, adjusted periodically as the commission determines appropriate for
58 inflation.]

59 (5) (a) Low-income assistance program funding for bill payment assistance shall be
60 provided through a surcharge on the monthly bill of each Utah retail customer of the electrical
61 corporation or gas corporation providing the program who consents to the surcharge under
62 Subsection (5)(b).
63 (b) The surcharge described in Subsection (5)(a) may not be collected from a retail
64 customer unless the electrical corporation or gas corporation providing the program receives an
65 authorization from the customer stating:
66 (i) that the customer consents to an additional monthly charge to be used for the benefit
67 of low-income assistance funding; and
68 (ii) the dollar amount or bill percentage the customer elects to pay.
69 (c) A customer may withdraw the consent to the surcharge described in this Subsection
70 (5) or change the donated amount or percentage described in Subsection (5)(b)(ii) at any time.
71 (6) (a) [An] Within available funds, an eligible customer shall receive a billing credit
72 on the monthly electric or gas bill for the customer's residence.
73 (b) The amount of the billing credit described in Subsection (6)(a) shall be determined
74 by the commission based on:
75 (i) the projected funding of the low-income assistance program;
76 (ii) the projected customer participation in the low-income assistance program; and
77 (iii) other factors that the commission determines relevant.
78 [(c) The monthly billing credit and the monthly surcharge shall be adjusted
79 concurrently with the final order in a general rate increase or decrease case under Section
80 54-7-12 for the electrical corporation or gas corporation providing the program or as
81 determined by the commission.]




Legislative Review Note
as of 2-18-11 11:19 AM

Office of Legislative Research and General Counsel