RCW 80.28.010
Duties as to rates, services, and
facilities -- Limitations on termination of utility service for
residential heating. (Effective until July 1, 2012.)
(1) All
charges made, demanded or received by any gas company, electrical
company or water company for gas, electricity or water, or for
any service rendered or to be rendered in connection therewith,
shall be just, fair, reasonable and sufficient. Reasonable
charges necessary to cover the cost of administering the
collection of voluntary donations for the purposes of supporting
the development and implementation of evergreen community
management plans and ordinances under RCW 80.28.300 shall be
deemed as prudent and necessary for the operation of a utility.
(2) Every gas company, electrical company and water company
shall furnish and supply such service, instrumentalities and
facilities as shall be safe, adequate and efficient, and in all
respects just and reasonable.
(3) All rules and regulations issued by any gas company,
electrical company or water company, affecting or pertaining to
the sale or distribution of its product, shall be just and
reasonable.
(4) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if the
customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue notice
unless there are extenuating circumstances. If the customer
fails to notify the utility within five business days and service
is terminated, the customer can, by paying reconnection charges,
if any, and fulfilling the requirements of this section, receive
the protections of this chapter;
(b) Provides self-certification of household income for the
prior twelve months to a grantee of the *department of
community, trade, and economic development which administers
federally funded energy assistance programs. The grantee shall
determine that the household income does not exceed the maximum
allowed for eligibility under the state's plan for low-income
energy assistance under 42 U.S.C. 8624 and shall provide a dollar
figure that is seven percent of household income. The grantee
may verify information provided in the self-certification;
(c) Has applied for home heating assistance from applicable
government and private sector organizations and certifies that
any assistance received will be applied to the current bill and
future utility bills;
(d) Has applied for low-income weatherization assistance to
the utility or other appropriate agency if such assistance is
available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the past due
bill by the following October 15 and to pay for continued utility
service. If the past due bill is not paid by the following
October 15, the customer shall not be eligible for protections
under this chapter until the past due bill is paid. The plan
shall not require monthly payments in excess of seven percent of
the customer's monthly income plus one-twelfth of any arrearage
accrued from the date application is made and thereafter during
November 15 through March 15. A customer may agree to pay a
higher percentage during this period, but shall not be in default
unless payment during this period is less than seven percent of
monthly income plus one-twelfth of any arrearage accrued from the
date application is made and thereafter. If assistance payments
are received by the customer subsequent to implementation of the
plan, the customer shall contact the utility to reformulate the
plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent and
that service may be subject to termination, a description of the
customer's duties in this section;
(b) Assist the customer in fulfilling the requirements under
this section;
(c) Be authorized to transfer an account to a new residence
when a customer who has established a plan under this section
moves from one residence to another within the same utility
service area;
(d) Be permitted to disconnect service if the customer fails
to honor the payment program. Utilities may continue to
disconnect service for those practices authorized by law other
than for nonpayment as provided for in this subsection.
Customers who qualify for payment plans under this section who
default on their payment plans and are disconnected can be
reconnected and maintain the protections afforded under this
chapter by paying reconnection charges, if any, and by paying all
amounts that would have been due and owing under the terms of the
applicable payment plan, absent default, on the date on which
service is reconnected; and
(e) Advise the customer in writing at the time it
disconnects service that it will restore service if the customer
contacts the utility and fulfills the other requirements of this
section.
(6) A payment plan implemented under this section is
consistent with RCW 80.28.080.
(7) Every gas company and electrical company shall offer
residential customers the option of a budget billing or equal
payment plan. The budget billing or equal payment plan shall be
offered low-income customers eligible under the state's plan for
low-income energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain months
of the year, without regard to the length of time the customer
has occupied the premises, and without regard to whether the
customer is the tenant or owner of the premises occupied.
(8) Every gas company, electrical company and water company
shall construct and maintain such facilities in connection with
the manufacture and distribution of its product as will be
efficient and safe to its employees and the public.
(9) An agreement between the customer and the utility,
whether oral or written, shall not waive the protections afforded
under this chapter.
(10) In establishing rates or charges for water service,
water companies as defined in RCW 80.04.010 may consider the
achievement of water conservation goals and the discouragement of
wasteful water use practices.
[2008 c 299 § 35; 1995 c 399 § 211. Prior: 1991 c 347 § 22; 1991 c 165 § 4; 1990 1st ex.s. c 1 § 5; 1986 c 245 § 5; 1985 c 6 § 25; 1984 c 251 § 4; 1961 c 14 §80.28.010 ; prior: 1911 c 117 § 26; RRS § 10362.]
NOTES:
*Reviser's note: The "department of community, trade, and economic development" was renamed the "department of commerce" by 2009 c 565.
Short title -- 2008 c 299: See note following RCW 35.105.010.
Purposes -- 1991 c 347: See note following RCW 90.42.005.
Severability -- 1991 c 347: See RCW 90.42.900.
Findings -- 1991 c 165: See note following RCW 35.21.300.
RCW 80.28.010
Duties as to rates, services, and
facilities -- Limitations on termination of utility service for
residential heating. (Effective July 1, 2012.)
(1) All charges
made, demanded or received by any gas company, electrical
company, wastewater company, or water company for gas,
electricity or water, or for any service rendered or to be
rendered in connection therewith, shall be just, fair, reasonable
and sufficient. Reasonable charges necessary to cover the cost
of administering the collection of voluntary donations for the
purposes of supporting the development and implementation of
evergreen community management plans and ordinances under RCW 80.28.300 must be deemed as prudent and necessary for the
operation of a utility.
(2) Every gas company, electrical company, wastewater
company, and water company shall furnish and supply such service,
instrumentalities and facilities as shall be safe, adequate and
efficient, and in all respects just and reasonable.
(3) All rules and regulations issued by any gas company,
electrical company, wastewater company, or water company,
affecting or pertaining to the sale or distribution of its
product or service, must be just and reasonable.
(4) Utility service for residential space heating shall not
be terminated between November 15 through March 15 if the
customer:
(a) Notifies the utility of the inability to pay the bill,
including a security deposit. This notice should be provided
within five business days of receiving a payment overdue notice
unless there are extenuating circumstances. If the customer
fails to notify the utility within five business days and service
is terminated, the customer can, by paying reconnection charges,
if any, and fulfilling the requirements of this section, receive
the protections of this chapter;
(b) Provides self-certification of household income for the
prior twelve months to a grantee of the department of commerce,
which administers federally funded energy assistance programs.
The grantee shall determine that the household income does not
exceed the maximum allowed for eligibility under the state's plan
for low-income energy assistance under 42 U.S.C. 8624 and shall
provide a dollar figure that is seven percent of household
income. The grantee may verify information provided in the
self-certification;
(c) Has applied for home heating assistance from applicable
government and private sector organizations and certifies that
any assistance received will be applied to the current bill and
future utility bills;
(d) Has applied for low-income weatherization assistance to
the utility or other appropriate agency if such assistance is
available for the dwelling;
(e) Agrees to a payment plan and agrees to maintain the
payment plan. The plan will be designed both to pay the past due
bill by the following October 15th and to pay for continued
utility service. If the past due bill is not paid by the
following October 15, the customer is not eligible for
protections under this chapter until the past due bill is paid.
The plan may not require monthly payments in excess of seven
percent of the customer's monthly income plus one-twelfth of any
arrearage accrued from the date application is made and
thereafter during November 15 through March 15. A customer may
agree to pay a higher percentage during this period, but shall
not be in default unless payment during this period is less than
seven percent of monthly income plus one-twelfth of any arrearage
accrued from the date application is made and thereafter. If
assistance payments are received by the customer subsequent to
implementation of the plan, the customer shall contact the
utility to reformulate the plan; and
(f) Agrees to pay the moneys owed even if he or she moves.
(5) The utility shall:
(a) Include in any notice that an account is delinquent and
that service may be subject to termination, a description of the
customer's duties in this section;
(b) Assist the customer in fulfilling the requirements under
this section;
(c) Be authorized to transfer an account to a new residence
when a customer who has established a plan under this section
moves from one residence to another within the same utility
service area;
(d) Be permitted to disconnect service if the customer fails
to honor the payment program. Utilities may continue to
disconnect service for those practices authorized by law other
than for nonpayment as provided for in this subsection.
Customers who qualify for payment plans under this section who
default on their payment plans and are disconnected can be
reconnected and maintain the protections afforded under this
chapter by paying reconnection charges, if any, and by paying all
amounts that would have been due and owing under the terms of the
applicable payment plan, absent default, on the date on which
service is reconnected; and
(e) Advise the customer in writing at the time it
disconnects service that it will restore service if the customer
contacts the utility and fulfills the other requirements of this
section.
(6) A payment plan implemented under this section is
consistent with RCW 80.28.080.
(7) Every gas company and electrical company shall offer
residential customers the option of a budget billing or equal
payment plan. The budget billing or equal payment plan shall be
offered low-income customers eligible under the state's plan for
low-income energy assistance prepared in accordance with 42
U.S.C. 8624(C)(1) without limiting availability to certain months
of the year, without regard to the length of time the customer
has occupied the premises, and without regard to whether the
customer is the tenant or owner of the premises occupied.
(8) Every gas company, electrical company, wastewater
company, and water company shall construct and maintain such
facilities in connection with the manufacture and distribution of
its product, or provision of its services, as will be efficient
and safe to its employees and the public.
(9) An agreement between the customer and the utility,
whether oral or written, does not waive the protections afforded
under this chapter.
(10) In establishing rates or charges for water service,
water companies as defined in RCW 80.04.010 may consider the
achievement of water conservation goals and the discouragement of
wasteful water use practices.
[2011 c 214 § 11; 2008 c 299 § 35; 1995 c 399 § 211. Prior: 1991 c 347 § 22; 1991 c 165 § 4; 1990 1st ex.s. c 1 § 5; 1986 c 245 § 5; 1985 c 6 § 25; 1984 c 251 § 4; 1961 c 14 § 80.28.010; prior: 1911 c 117 § 26; RRS § 10362.]
NOTES:
Findings -- Purpose -- Limitation of chapter -- Effective date -- 2011 c 214: See notes following RCW 80.04.010.
Short title -- 2008 c 299: See note following RCW 35.105.010.
Purposes -- 1991 c 347: See note following RCW 90.42.005.
Severability -- 1991 c 347: See RCW 90.42.900.
Findings -- 1991 c 165: See note following RCW 35.21.300.