DOVER- On Tuesday, the House passed legislation that aims to provide stronger consumer protections for residents at risk of losing heating or cooling services.
Sponsored by Rep. Melanie Ross Levin, Rep. Rae Moore, Rep. Debra Heffernan and Sen. Stephanie Hansen, House Substitute 1 for House Bill 62 makes several updates to Delaware’s utility shutoff laws, helping to ensure that vulnerable households are better protected against service disruptions.
“We know that losing access to utilities, especially during periods of extreme weather, can pose serious health and safety risks,” said Rep. Ross Levin
“Over the past several months, I’ve heard from many residents who are worried about affording their heat and electricity bills as energy costs continue to rise. While it’s reassuring that Delmarva has paused shutoffs for nonpayment through March, residents need long term security and clear, consistent protections, and that’s exactly what HB 62 will provide.”
While Delaware’s Public Service Commission has long had regulations governing when and how utilities can disconnect customers for nonpayment, they have not been updated for two decades.
HS 1 to HB 62 modernizes and codifies these regulations while introducing new consumer protections that reflect current energy needs and best practices.
This legislation ensures that families and individuals are not left without essential heating or cooling services due to financial hardship. Key protections include:
● Protecting Families from After-Hours/Weekend Shutoffs: Utility companies would only be allowed to disconnect services during time periods when customers can provide payment for restoration of services.
● Preventing Dangerous Winter Shutoffs: No household would lose heating when the temperature is at or below 35°F, ensuring people aren’t left in freezing conditions.
● Protecting Against Extreme Heat: When the Heat Index reaches 95°F or higher, cooling services would not be permitted to be shut off, reducing the risk of heat-related illnesses and deaths.
● Ensuring Adequate Warning: Utility companies would be required to provide a 14-day written notice before shutting off service during heating or cooling seasons, giving residents time to seek assistance or make payment arrangements.
● Increasing Direct Communication: Utilities would be required to attempt to contact customers at least two times before disconnection, including one attempt after 5 PM, ensuring that residents have the opportunity to respond and prevent shutoffs.
● Requiring a Final Warning for Cooling Shutoffs: Before cutting off cooling services, utilities would be required to make at least one direct attempt to contact the resident, providing a last opportunity to address the issue.
● Expanding Access to Assistance: The required 14-day written notice would include information on payment plans, government aid, and other resources, helping struggling families keep their services connected.
“If the last couple of months have taught us anything, it is that any one of us can be affected by energy insecurity,” said Rep. Rae Moore.
“With costs rising across the board, we need to ensure that our most vulnerable residents are given the tools they need to keep their power on. An entire family’s health shouldn’t suffer because they couldn’t afford to pay a high energy bill in the middle of summer.”
Energy insecurity is the inability to meet household energy needs. Data from a 2020 Energy Information Administration report suggests that almost 1 in 3 U.S. households experience this phenomenon, which has been known to lead to poor health outcomes, such as respiratory diseases and mental illness.
These negative effects are preventable. By strengthening shutoff protections and ensuring that residents have access to assistance before losing service, HS 1 for HB 62 would help to avoid the root causes of these health outcomes, including environmental exposures such as dampness and mold.
“I worked alongside my colleagues Rep. Ross Levin and Rep. Moore to co-sponsor HB 62, a vital piece of legislation aimed at holding Delmarva and other providers accountable for ethical practices,” said Sen. Stephanie Hansen, Senate Prime Sponsor of HB 62.
“We are committed to combating energy insecurity and protecting Delawareans from unfair utility shut offs. While the House and the Senate continue to collaborate with Delmarva and other utility providers in pursuit of long-term solutions to rising energy costs, this legislation marks a significant step forward in prioritizing the well-being of consumers.”
HS 1 for HB 62 now heads to the Senate for consideration.
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