Bill Text: VA HB906 | 2024 | Regular Session | Engrossed
Bill Title: Public utilities; municipal utilities, disconnection of service, consumer protections.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Passed) 2024-04-17 - Governor: Acts of Assembly Chapter text (CHAP0824) [HB906 Detail]
Download: Virginia-2024-HB906-Engrossed.html
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Chapter 21 of Title 15.2 an article numbered 2.1, consisting of sections numbered 15.2-2121.1, 15.2-2121.2, and 15.2-2121.3, by adding in Chapter 3.2 of Title 44 a section numbered 44-146.29:4, and by adding in Article 2 of Chapter 10 of Title 56 sections numbered 56-245.1:3 and 56-245.1:4 as follows:
§15.2-2121.1. Definitions.
As used in this article, "utility" means a public utility that is owned or operated by a locality of the Commonwealth.
§15.2-2121.2. Disconnection suspension for utilities.
A. 1. No electric utility shall disconnect from service any residential customer for the nonpayment of bills or fees (i) when the forecasted local temperature low is at or below 32 degrees Fahrenheit within the 24 hours following the scheduled disconnection or (ii) when the forecasted local temperature is at or above 92 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
2. No gas utility shall disconnect from service any residential customer for nonpayment of bills or fees when the forecasted local temperature low is at or below 32 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
3. No water or wastewater utility shall disconnect from service any residential customer when the forecasted local temperature is at or above 92 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
B. No utilities shall disconnect from service any residential customer for nonpayment of bills or fees on Fridays, weekends, state holidays, or the day immediately preceding a state holiday.
C. Nothing in this section shall be construed to limit utilities from voluntarily suspending scheduled disconnections during other extreme weather events, emergency conditions, or circumstances in which a utility determines such suspension is necessary to protect the health and safety of its customers and the reliability of utility service in the Commonwealth. Any fees or expenses incurred by a utility in complying with the requirements of this section shall be recovered by the utility.
§15.2-2121.3. Notice procedures for nonpayment; disconnecting utility service.
A. Each utility subject to the provisions of this article shall provide to each of its residential customers a copy of its disconnection for nonpayment policy (i) at any time a new residential account is established, (ii) when any disconnection for nonpayment of bills or fees is scheduled by including a copy of the policy with such notice, or (iii) by publishing the disconnection policy on the utility's website. Such required notices shall include information regarding payment plans and state, federal, or utility energy assistance programs.
B. Each utility subject to the provisions of this article shall deliver notice of nonpayment of bills or fees to its residential customers prior to disconnection by mail and via (i) email, (ii) text message, or (iii) phone call.
C. Utility disconnections due to the nonpayment of bills or fees are prohibited for residential customers until the customer's account is 60 days in arrears. After each missed payment, the utility shall provide notice pursuant to subsection B and make contact with the customer and offer bill payment assistance, arrange a payment plan, or provide information to the customer for other bill payment assistance or energy savings programs.
D. No electric or gas utility shall require a deposit of more than 25 percent of the arrearage amount for service, exclusive of nonpayment fees, penalties, or interest, in order to restore service to any residential customer.
§44-146.29:4. Disconnection suspension for certain utilities.
In the case of any state of emergency declared by the Governor in response to a communicable disease of public health threat, each utility that is engaged in the business of furnishing electricity, gas, water, or wastewater service and subject to the regulation of the State Corporation Commission or owned or operated by a municipality shall be suspended from disconnecting service to residential customers for nonpayment of bills or fees for 30 days upon the declaration of such emergency.
§56-245.1:3. Disconnection suspension for utilities.
A. As used in this section, "utility" means an electric company, a natural gas supplier, or a water supplier or wastewater service provider that is subject to the regulation of the Commission.
B. 1. No electric utility shall disconnect from service any residential customer for the nonpayment of bills or fees (i) when the forecasted local temperature low is at or below 32 degrees Fahrenheit within the 24 hours following the scheduled disconnection or (ii) when the forecasted local temperature is at or above 92 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
2. No gas utility shall disconnect from service any residential customer for nonpayment of bills or fees when the forecasted local temperature low is at or below 32 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
3. No water or wastewater utility shall disconnect from service any residential customer when the forecasted local temperature is at or above 92 degrees Fahrenheit within the 24 hours following the scheduled disconnection.
C. No utilities shall disconnect from service any residential customer for nonpayment of bills or fees on Fridays, weekends, state holidays, or the day immediately preceding a state holiday.
D. Nothing in this section shall be construed to limit utilities from voluntarily suspending scheduled disconnections during other extreme weather events, emergency conditions, or circumstances in which a utility determines such suspension necessary to protect the health and safety of its customers and the reliability of utility service in the Commonwealth. Further, nothing in this section shall be construed to prohibit (i) a disconnection required by the conditions of subdivision A 8 of §56.247.1, (ii) emergency disconnections for health and safety purposes, or (iii) the occurrence of an automatic service suspension associated with prepaid electric utility service. Any fees or expenses incurred by a utility in complying with the requirements of this section shall be recovered by the utility.
§56-245.1:4. Notice procedures for nonpayment; disconnecting utility service.
A. Each utility subject to the requirements of §56-245.1:3 shall provide to each of its residential customers a copy of its disconnection for nonpayment policy (i) at any time a new residential account is established, (ii) when any disconnection for nonpayment of bills or fees is scheduled by including a copy of the policy with such notice, or (iii) by publishing the disconnection policy on the utility's website. Such required notices shall include information regarding payment plans and state, federal, or utility energy assistance programs.
B. Each utility subject to the provisions of this section shall deliver notice of nonpayment of bills or fees to its residential customers prior to disconnection by mail and via (i) email, (ii) text message, or (iii) phone call.
C. Utility disconnections due to the nonpayment of bills or fees are prohibited for residential customers until the customer's account is 60 days in arrears. After each missed payment, the utility shall provide notice pursuant to subsection B and make contact with the customer and offer bill payment assistance, arrange a payment plan, or provide information to the customer for other bill payment assistance or energy savings programs.
D. No electric or gas utility shall require a deposit of more than 25 percent of the arrearage amount for service, exclusive of nonpayment fees, penalties, or interest, in order to restore service to any residential customer.
2. That the State Corporation Commission (the Commission) may, in its discretion, direct a utility subject to the Commission's jurisdiction and the provisions of §§44-146.29:4 and 56-245.1:3 of the Code of Virginia, as created by this act, to extend or otherwise modify a suspension or limitation on disconnecting service to residential customers beyond the time periods prescribed by this act (i) if the Commission finds such extension or modification to be necessary or in the public interest and (ii) provided that any such modification does not shorten the disconnection suspension under § 44-146.29:4 of the Code of Virginia, as created by this act, to a time period of less than 30 days. Prior to issuing any such extension or modification, the Commission shall convene a stakeholder meeting to seek input from utility representatives, interested parties, and customers to inform such decision and determine whether such decision is in the public interest.
[ 3. That the Commission on Electric Utility Regulation
and the Commission on Local Government, in consultation with the State
Corporation Commission, shall convene a work group to determine data
transparency requirements for public utilities, including municipal utilities.
The work group shall consider and make recommendations related to (i) the
information such utilities shall be required to make publicly available to best
improve energy assistance efforts for utility customers; (ii) utility
benchmarks, goals, or targets regarding customer assistance programs; (iii)
utility policies regarding debt collection; (iv) utility procedures for
disconnecting a customer from service; (v) methods and contents of
communications and notices to customers regarding available customer assistance
programs, disconnection of service, debt collection, and customer rights and
remedies, including a medical protection program; and (vi) the frequency of
utility data reporting. The work group shall complete its meetings by November
30, 2024, and shall submit to the General Assembly an executive summary and a
report of their findings and recommendations no later than December 31, 2024.
]
