2016 -- H 7846

========

LC004986

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

____________

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS-DUTIES OF UTILITIES AND

CARRIERS

     

     Introduced By: Representatives Handy, Slater, Diaz, McNamara, and Bennett

     Date Introduced: March 03, 2016

     Referred To: House Health, Education & Welfare

     (Dept. of Human Services)

It is enacted by the General Assembly as follows:

1

     SECTION 1. Section 39-2-1 of the General Laws in Chapter 39-2 entitled "Duties of

2

Utilities and Carriers" is hereby amended to read as follows:

3

     39-2-1. Reasonable and adequate services -- Reasonable and just charges. -- (a)

4

Every public utility is required to furnish safe, reasonable, and adequate services and facilities.

5

The rate, toll, or charge, or any joint rate made, exacted, demanded, or collected by any public

6

utility for the conveyance or transportation of any persons or property, including sewage, between

7

points within the state, or for any heat, light, water, or power produced, transmitted, distributed,

8

delivered, or furnished, or for any telephone or telegraph message conveyed or for any service

9

rendered or to be rendered in connection therewith, shall be reasonable and just, and every unjust

10

or unreasonable charge for the service is prohibited and declared unlawful, and no public utility

11

providing heat, light, water, or power produced, transmitted, distributed, delivered, or furnished

12

shall terminate the service or deprive any home or building, or whatsoever, of service if the

13

reason therefor is nonpayment of the service without first notifying the user of the service, or the

14

owner or owners of the building as recorded with the utility of the impending service termination

15

by written notice at least ten (10) days prior to the effective date of the proposed termination of

16

service.

17

      (1) Effective immediately, following the issuance of a decision by the commission under

18

39-1-27.2(d), the utility shall collect a LIHEAP Enhancement Chargefunds from all utility

 

1

customers, for the funding of the LIHEAP Enhancement Fund.

2

      (b) Any existing rules and regulations dealing with the termination of utility service and

3

establishing reasonable methods of debt collection promulgated by the commission pursuant to

4

this chapter and the provisions of § 39-1.1-3, including but not limited to, any rules and

5

regulations dealing with deposit and deferred payment arrangements, winter moratorium and

6

medical emergency protections, and customer dispute resolution procedures, shall be applicable

7

to any public utility which distributes electricity.

8

      (c) The commission shall promulgate such further rules and regulations as are necessary

9

to protect consumers following the introduction of competition in the electric industry and which

10

are consistent with this chapter and the provisions of § 39-1.1-3. In promulgating such rules and

11

regulations, the commission shall confer with the Retail Electric Licensing Commission and shall

12

give reasonable consideration to any and all recommendations of the Retail Electric Licensing

13

Commission.

14

      (d) On or before May 1, 2007, the commission shall administer such rules and

15

regulations as may be necessary to implement the purpose of subdivision (1) of this section and to

16

provide for restoration of electric and/or gas service to very low income households as defined by

17

§ 42-141-2. On or before August 15, 2011, the commission shall administer such rules and

18

regulations, as may be necessary, to implement the purpose of subdivision (2) of this section and

19

to provide for the restoration of electric and/or gas service to low income home energy assistance

20

program (LIHEAP) LIHEAP-eligible households, defined as those with a combined gross income

21

equal to or less than sixty percent (60%) of the state median household income as calculated by

22

the U.S. Bureau of Census and as adjusted for family or group size by the U.S. Department of

23

Health and Human Services regulation 45 CFR Sec. 96.85 or its successor regulation as this

24

eligibility is defined in the current LIHEAP State Plan for Rhode Island filed with the U.S.

25

Department of Health and Human Services.

26

      (1) Effective July 1, 2007 until October 14, 2011, notwithstanding the provisions of part

27

V sections 4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing

28

the termination of residential electric, gas, and water utility service, a very low income customer

29

who is terminated from gas and/or electric service or is recognized pursuant to a rule or decision

30

by the division as being scheduled for actual shut-off of service on a date specified, shall be

31

eligible one time to have electric and/or gas utility service restored providing the following

32

conditions are met:

33

      (i) The customer pays twenty-five percent (25%) of the customer's unpaid balance;

34

      (ii) The customer agrees to pay one thirty-sixth (1/36) of one half (1/2) of the customer's

 

LC004986 - Page 2 of 5

1

remaining balance per month for thirty-six (36) months;

2

      (iii) The customer agrees to remain current with payments for current usage. For

3

purposes of this subsection remaining current with payments shall mean that the customer: (a)

4

misses no more than a total of three (3) payments in the thirty-six (36) month period covered by

5

the agreement; (b) misses more than two (2) payments in any one calendar year, provided that

6

such missed payments in a calendar year are not consecutive and that payments for the year are

7

up-to-date by October 31st; and (c) that the amount due under that agreement is paid in full by the

8

conclusion of the period of the agreement;

9

      (iv) The customer has shown, to the satisfaction of the division, that the customer is

10

reasonably capable of meeting the payment schedule provided for by the provisions of

11

subdivision 39-2-1(d)(1)(i) and (ii) in this section. The restoration of service provided for by this

12

subsection shall be a one-time right; failure to comply with the payment provisions set forth in

13

this subsection shall be grounds for the customer to be dropped from the repayment program

14

established by this subsection, and the balance due on the unpaid balance shall be due in full and

15

shall be payable in accordance with the rules of the commission governing the termination of

16

residential electric, gas, and water utility service. A customer who completes the schedule of

17

payments pursuant to this subsection, shall have the balance of any arrearage forgiven, and the

18

customer's obligation to the gas and/or electric company for such balance shall be deemed to be

19

fully satisfied. The amount of the arrearage so forgiven shall be treated as bad debt for purposes

20

of cost recovery by the gas or the electric company.

21

      (2) Effective October 15, 2011, notwithstanding the provisions of part V sections

22

4(E)(1)(B) and (C) of the public utilities commission rules and regulations governing the

23

termination of residential electric, gas, and water utility service, a LIHEAP-eligible customer, as

24

defined above in this section, who has been terminated from gas and/or electric service or is

25

recognized, pursuant to a rule or decision by the division, as being scheduled for actual shut-off

26

of service on a specific date, shall not be deprived electric and/or gas utility service provided the

27

following conditions are met:

28

      (i) The customer makes an initial payment of ten percent (10%) of the customer's unpaid

29

balance; and

30

      (ii) The customer agrees to pay an amount equal to one-thirty sixth (1/36) of forty

31

percent (40%) of the customer's unpaid balance, per month for thirty-six (36) months; and

32

      (iii) The customer agrees to remain current with payments for current usage. For

33

purposes of this subsection, remaining current with payments, shall mean that the customer: (A)

34

Misses no more than a total of three (3) payments in the thirty-six (36) month period covered by

 

LC004986 - Page 3 of 5

1

the agreement; (B) Misses more than two (2) payments in any one calendar year, provided that

2

such missed payments in a calendar year are not consecutive and that payments for the year are

3

up-to date by October 31st; and (C) That the amount due under that agreement is paid in full, by

4

the conclusion of the period of the agreement; and

5

      (iv) The customer has shown, to the satisfaction of the division, that the customer is

6

reasonably capable of meeting the payment schedule, provided for by the provisions of

7

subdivision 39-2-1(d)(1)(i) and (ii) in this section. The restoration of service, provided for by this

8

subsection, shall be a one-time right; failure to comply with the payment provisions set forth in

9

this subsection shall be grounds for the customer to be removed from the repayment program

10

established by this subsection and the balance due on the unpaid balance, shall be due and

11

payable in full, in accordance with the rules of the commission governing the termination of

12

residential electric, gas, and water utility service. A customer, who completes the schedule of

13

payments, pursuant to this subsection, shall have the balance of any arrearage forgiven, and the

14

customer's obligation to the gas and/or electric company for such unpaid balance shall be deemed

15

to be fully satisfied. The amount of the arrearage, so forgiven, shall be treated as bad debt for

16

purposes of cost recovery by the gas or the electric company.

17

      (3) A customer terminated from service under the provisions of subdivision 39-2-1(d)(1)

18

or subdivision 39-2-1(d)(2) shall be eligible for restoration of service in accordance with the

19

applicable provisions of part V section 4(E)(1)(C), or its successor provision, of the public

20

utilities commission rules and regulations governing the termination of residential electric, gas,

21

and water service.

22

     SECTION 2. This act shall take effect upon passage.

========

LC004986

========

 

LC004986 - Page 4 of 5

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS-DUTIES OF UTILITIES AND

CARRIERS

***

1

     This act would define the group eligible for restoration of electric and/or gas service

2

consistently with the current LIHEAP State Plan for Rhode Island filed with the U.S. Department

3

of Health and Human Services.

4

     This act would take effect upon passage.

========

LC004986

========

 

LC004986 - Page 5 of 5