1     
UTILITY SHUT OFF PROTECTION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephanie Pitcher

5     
House Sponsor: Tyler Clancy

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions that prohibit an essential utility provider from terminating
10     utility services during severe weather.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     modifies a program that prohibits a utility provider from disconnecting a customer's
15     water, gas, or electricity during certain periods in the year, and during certain severe
16     weather; and
17          ▸     requires a utility provider to provide notice to a customer that includes information
18     about the program prior to disconnecting an essential utility during a certain periods
19     of the year, and during certain severe weather..
20     Money Appropriated in this Bill:
21          None
22     Other Special Clauses:
23          None
24     Utah Code Sections Affected:
25     AMENDS:
26          35A-8-1501, as renumbered and amended by Laws of Utah 2012, Chapter 212
27          35A-8-1504, as renumbered and amended by Laws of Utah 2012, Chapter 212
28     ENACTS:
29          35A-8-1505, Utah Code Annotated 1953
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 35A-8-1501 is amended to read:
33          35A-8-1501. Moratorium on involuntary termination for nonpayment of utility
34     bills -- Eligibility criteria -- Department to establish and certify.
35          [(1) (a)]
36          (1) As used in this chapter:
37          (a) "Essential utility" means natural gas, electricity, and potable water.
38          (b) "Essential utility provider" means:
39          (i) a gas corporation as defined in Section 54-2-1;
40          (ii) an electrical corporation as defined in Section 54-2-1; or
41          (iii) a water corporation as defined in Section 54-2-1.1-13.
42          (c) "Residential customer" means a customer defined as in a residential class by the
43     Public Service Commission.
44          (d) "Severe weather forecast" means a forecast by the National Weather Service that
45     predicts temperatures in locations within the state of greater than 90 degrees Fahrenheit or less
46     than 32 degrees Fahrenheit at any time in the five days following the forecast.
47          (2) The department shall establish a program for a seasonal and severe weather forecast
48     moratorium for involuntary termination for nonpayment by residential customers of essential
49     utility bills.
50          [(b) An essential utility is a utility regulated by the Public Service Commission under
51     Title 54, Public Utilities, which is in the business of the retail distribution of electricity or
52     natural gas.]
53          [(c) A residential customer is a customer defined as in a residential class by the Public
54     Service Commission.]
55          [(2)] (3) A residential customer shall meet the following criteria to qualify for the
56     program:
57          (a) gross household income is less than 125% of the federal poverty level or the
58     household has suffered a medical or other emergency, loss of employment, or is experiencing
59     other circumstances which have resulted in a substantial loss of income;
60          (b) the customer has [made application] applied to public and private energy assistance
61     programs;
62          (c) the customer is willing to make a good faith effort to pay these utility bills on a
63     consistent basis; and
64          (d) the customer provides any additional information required by the department.
65          [(3)] (4) (a) A residential customer may file with [a local department office] the
66     department an affidavit attesting eligibility under the criteria in Subsection [(2).] (3).
67          (b) The department shall certify that the customer has met the eligibility requirements
68     and forward a copy of the affidavit to the [effected] affected utility.
69          Section 2. Section 35A-8-1504 is amended to read:
70          35A-8-1504. Effective period of moratorium -- Temperature-based moratorium.
71          (1) [The] A seasonal moratorium shall be in effect each year from November 15 to
72     March 15 [of each year.] and from May 15 to September 15.
73          (2) The department [may, by rule, begin the moratorium at an earlier date or extend it
74     to a later date when severe weather conditions warrant that action.] shall put into effect a
75     location-specific moratorium, outside of the dates listed in Subsection (1), for those locations
76     within the state under a severe weather forecast.
77          Section 3. Section 35A-8-1505 is enacted to read:
78          35A-8-1505. Notice requirement before termination.
79          (1) Before disconnecting an essential utility during a moratorium described in Section
80     35A-8-1504, an essential utility provider must provide a notice to a residential customer that
81     contains:
82          (a) the date of the scheduled disconnection;
83          (b) the amount due; and
84          (c) information regarding the moratorium program, including:
85          (i) residential customer qualifications; and
86          (ii) contact information for the department.
87          (2) An essential utility shall mail the notice by first class mail or personally deliver the
88     notice at least two days prior to the date on which the disconnection is scheduled to occur.