Following the extreme heatwave that hit the state in 2021 that claimed 157 lives, and the increase in extreme heat in recent years, Sen. Joe Nguyen (D–Seattle) and Rep-elect Sharlett Mena (D–Tacoma) are working with Attorney General Bob Ferguson
to draft legislation that will prohibit water and electric utility shutoffs when temperatures are predicted to be 90 degrees or above.
According to SB 5366 (companion bill HB 1329),
on any day or a day preceding a weekend and/or holiday, when the forecast is predicted to be 90 degrees or above, a city must make a reasonable attempt to contact and reconnect a customer who has been previously disconnected due to non-payment. After
the expiration of the heat event, service may be disconnected if an appropriate payment plan has not been arranged. The bill also creates a civil cause of action which may be pursued by a customer if they are not re-connected during an extreme heat
event. Individuals may seek up to $1,000 per violation, per day or actual damages, whichever is greater, injunctive relief, reasonable attorneys’ fees, and other relief that the court determines appropriate.
Cities support the policy goal to protect vulnerable populations, but the implementation of this policy may prove to be difficult. For instance, temperature variability across Washington should be considered. One recommendation is to consider a heat risk
index, similar to the index used in Colorado. Additionally, connecting and disconnecting may be difficult for many jurisdictions without direct request from the utility customer. In some cases, the home may not be owned by the utility customer, may
be shut off for maintenance, or may be vacant. Allowing the customer to request reconnection can help avoid any potential damage to a home or reconnection to a vacant property.
AWC is currently working with the AGO to address some of these concerns.