Save Lives by Stopping Extreme Weather Utility Shutoffs

Rising utility costs are straining the pocketbooks of American families and nearly 14 million Americans face severe utility debt. Not being able to afford a utility bill should not put people’s safety at risk, yet millions of families face the threat of utility shutoffs during extreme weather. These greedy corporate moves put profits over safety and risk the lives of families, especially seniors, children, and anyone with a medical condition. An effective government can protect families and ensure their safety by preventing utilities from shutting off service due to nonpayment during life threatening and extreme weather events.

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MODEL POLICY

No Extreme Weather Shutoffs Act

SECTION 1 (TITLE):

This act shall be known as the No Extreme Weather Shutoffs Act

SECTION 2 (PURPOSE):

To prevent utility shutoffs when extreme weather means such shutoffs would have life-threatening impacts.

SECTION 3 (PROVISIONS):

a) (Definitions)

i) “Affected Entities” means entities that deliver energy that powers heating or cooling to a residential property.

b) (Restriction). As of 90 days after passage of this Act, Affected Entities may not shut off or stop energy delivery to a residential property due to nonpayment on days when, with regard to the location where the meter is located:

i) A state of emergency has been declared by a governmental unit due to weather; or

ii) Temperatures have reached levels established by the [DEPARTMENT, such as Department of Health] which, based on best available scientific evidence and research, energy shutoff would be a threat to health and safety.

c) (Regulations). Within 60 days of passage of this Act, [DEPARTMENT, such as Housing Department or other enforcement agency] shall:

i) Issue emergency regulations establishing temperatures at which, based on best available scientific evidence and research, energy shutoff would be a threat to health and safety; and

ii) Establish a process to make such temperature declarations available on its website and communicate them to Affected Entities. However, a failure of Affected Entities to receive such notice does not relieve the requirements of section (b) above.

d) (Enforcement). The Department shall have enforcement authority over affected entities for violation of these provisions which shall be punishable by a fine of not less than $500 nor more than $1,000 per violation.

e) The provisions of this Act are severable. If any provision of this Act or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

 

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WE’VE BEEN PREPARING FOR THIS MOMENT.

Right now, state legislatures are the only place where we can reimagine a better future for all Americans. Fuel our work to build governing power for state lawmakers committed to improving lives:

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