DOVER- Building on recent efforts to address rising utility costs, lawmakers introduced new legislation Thursday that would provide stronger consumer protections for residents at risk of losing heating or cooling services.
Sponsored by Rep. Melanie Ross Levin, Rep. Rae Moore, and Sen. Stephanie Hansen, House Bill 62 makes several updates to Delaware’s utility shutoff laws, helping to ensure that vulnerable households are better protected against service disruptions.
“Many families in Delaware are struggling under the weight of skyrocketing energy bills, and the fear of having their power shut off is very real. While it’s reassuring that Delmarva has paused shutoffs for nonpayment through April, residents need long term security and clear, consistent protections,” said Rep. Melanie Ross Levin.
“This legislation is about protecting the people who need it most, making sure they know their options, and ensuring that no Delaware resident is left in the dark without a fair chance to get help.”
Delaware’s Public Service Commission has long had regulations governing when and how utilities can disconnect customers for nonpayment. However, they have not been updated for two decades.
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 Shutoffs: Utility companies would only be allowed to disconnect services between 8 AM and 4 PM, Monday through Thursday.
● 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.
● Protecting Vulnerable Households: Families receiving assistance from programs like SSI, TANF, LIHEAP, or Purchase of Care would be protected from heating shutoffs during winter months.
● 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 three 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.
“Hardships don’t discriminate, they impact everyone. In today’s world, people across all walks of life are facing immense challenges, especially with the staggering utility costs many have been hit with in recent weeks. Now is the time to strengthen protections for all families during these critical and uncertain times,” said Rep. Rae Moore.
“This bill aims to provide that support and ensure that all Delawareans are cared for.”
Data from a 2020 Energy Information Administration report suggests that almost 1 in 3 U.S. households experience energy insecurity, meaning they struggle to afford the electricity needed to power their homes. Studies have linked energy insecurity to poor mental health, respiratory issues, thermal stress, sleep disruptions, and negative child health outcomes.
By strengthening shutoff protections and ensuring that residents have access to assistance before losing service, HB 62 will help reduce the harmful effects of energy insecurity on Delaware families.
“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,” Sen. Stephanie Hansen, Senate Prime Sponsor of HB 62.
“We are committed to combating energy insecurity and protecting Delawareans from unfair utility shutoffs. 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.” HB 62 has been assigned to the House Transportation Committee.