Text: H01274 Text: H01276 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 577 as follows: 1 2 #1. Page 4, by inserting after line 35 the 1 3 following: 1 4 "Sec. . Section 476.20, Code 2001, is amended 1 5 to read as follows: 1 6 476.20 DISCONNECTION LIMITED – NOTICE – 1 7 MORATORIUM – DEPOSITS. 1 8 1. A utility shall not, except in cases of 1 9 emergency, discontinue, reduce, or impair service to a 1 10 community, or a part of a community, except for 1 11 nonpayment of account or violation of rules and 1 12 regulations, unless and until permission to do so is 1 13 obtained from the board. 1 14 2. a. The board shall establish rules requiring a 1 15 regulated public utility furnishing gas or electricity 1 16 to include in the utility's notice of pending 1 17 disconnection of service a written statement advising 1 18 the customer that the customer may be eligible to 1 19 participate in the low income home energy assistance 1 20 program or weatherization assistance program 1 21 administered by the division of community action 1 22 agencies of the department of human rights. 1 23 b. The written statement shalllistinclude the 1 24 following information: 1 25 (1) The address and telephone number of the local 1 26 agencywhichthat is administering the customer's low 1 27 income home energy assistance program and the 1 28 weatherization assistance program.The written1 29statement shall also state1 30 (2) A statement that the customer is advised to 1 31 contact the public utility to settle any of the 1 32 customer's complaints with the public utility, but if 1 33 a complaint is not settled to the customer's 1 34 satisfaction, the customer mayfile thedo either of 1 35 the following: 1 36 (a) Pursue arbitration with the public utility 1 37 regarding a deposit or a disconnection from service, 1 38 as described in subsection 6. 1 39 (b) File a complaint with the board.The written1 40statement shall include the1 41 (3) The address and phone number of the board. 1 42 (4) If the notice of pending disconnection of 1 43 service applies to a residence, the written statement 1 44 shall advise that the disconnection does not apply 1 45 from November 1 throughAprilJune 1for a resident1 46who is a "head of household", as defined by law, and1 47who has been certified to the public utility by the1 48local agency which is administering the low income1 49home energy assistance program and weatherization1 50assistance program as being eligible for either the2 1low income home energy assistance program or2 2weatherization assistance program, and that if such a2 3resident resides within the serviced residence, the2 4customer should promptly have the qualifying resident2 5notify the local agency which is administering the low2 6income home energy assistance program and2 7weatherization assistance programif the customer 2 8 meets the conditions described in subsection 3, 2 9 paragraph "a", subparagraph (1) or (2). 2 10 c. The board shall establish rules requiring that 2 11 the written notice contain additional information as 2 12 it deems necessary and appropriate. 2 13 3. The board shall establish ruleswhich shall be2 14uniformwith respect to all public utilities 2 15 furnishing gas or electricity relating to 2 16 disconnection of service. 2 17 PARAGRAPH DIVIDED. Thissubsectionsection applies 2 18 both to regulated utilities and to municipally owned 2 19 utilities and unincorporated villageswhichthat own 2 20 their own distribution systems, and violations of this 2 21 subsection subject the utilities to civil penalties 2 22 under section 476.51. 2 23A qualified applicant for the low income home2 24energy assistance program or the weatherization2 25assistance program who is also a "head of household",2 26as defined in section 422.4, subsection 7, shall be2 27promptly certified by the local agency administering2 28the applicant's program to the applicant's public2 29utility that the resident is a "head of household" as2 30defined in section 422.4, subsection 7, and is2 31qualified for the low income home energy assistance2 32program or weatherization assistance program.2 33Notwithstanding subsection 1, a2 34 a. A public utility furnishing gas or electricity 2 35 shall not disconnect service from November 1 through 2 36AprilJune 1 to a residencewhich has a resident that2 37has been certified under this paragraph., provided 2 38 that one of the following conditions is satisfied: 2 39 (1) The customer currently is, or has been, a 2 40 participant in any state or federal assistance program 2 41 at any time during the previous twelve months, or 2 42 whose projected adjusted gross income due to a 2 43 demonstrated change in economic circumstances would 2 44 make the customer eligible for state or federal 2 45 assistance. 2 46 (2) The customer pays the lesser of a minimum of 2 47 fifty percent of the current monthly payment, or three 2 48 hundred dollars, for service during the months of 2 49 November through May, provided that the board finds 2 50 that public utility bills have or are likely to 3 1 substantially increase due to causes other than 3 2 increased consumption due to weather conditions. 3 3 b. A public utility furnishing gas or electricity 3 4 from November 1 through June 1 to a residential 3 5 customer meeting the conditions under either 3 6 subparagraph (1) or (2) of paragraph "a" shall also 3 7 waive any late charge or penalty on gas or electric 3 8 utility bills covering service provided during the 3 9 period from November 1 through June 1. 3 10 c. A customer with a disability or medical need 3 11 requiring environmental control or assistive medical 3 12 devices shall be eligible for exemption from 3 13 disconnection, provided that all of the following 3 14 conditions are satisfied: 3 15 (1) (a) The customer applies to the board on an 3 16 application form furnished by the board providing the 3 17 applicant's name, address, date of birth, and social 3 18 security number and shall also provide a statement 3 19 from a physician licensed under chapter 148, 149, 150, 3 20 or 150A, a physician assistant licensed under chapter 3 21 148C, an advanced registered nurse practitioner 3 22 licensed under chapter 152, or a chiropractor licensed 3 23 under chapter 151, or a physician, physician 3 24 assistant, nurse practitioner, or chiropractor 3 25 licensed to practice in a contiguous state, written on 3 26 the physician's, physician assistant's, nurse 3 27 practitioner's, or chiropractor's stationery, stating 3 28 the nature of the applicant's disability or medical 3 29 need and such additional information as required by 3 30 rules adopted by the utilities board. The 3 31 physician's, physician assistant's, nurse 3 32 practitioner's, or chiropractor's statement shall 3 33 state the period of time during which the person is 3 34 expected to be disabled or the medical need is 3 35 expected to exist. 3 36 (b) Any person providing false information with 3 37 the intent to defraud on the application for an 3 38 exemption under this paragraph "c" is subject to a 3 39 civil penalty of one thousand dollars that may be 3 40 imposed by the utilities board, for deposit in the 3 41 energy assistance fund created in section 476.20A and 3 42 used for arbitration services pursuant to subsection 3 43 6. 3 44 (c) A physician, physician assistant, nurse 3 45 practitioner, or chiropractor who provides false 3 46 information with the intent to defraud on the 3 47 physician's, physician assistant's, nurse 3 48 practitioner's, or chiropractor's statement used in 3 49 establishing proof is subject to a civil penalty of 3 50 one thousand dollars that may be imposed by the 4 1 utilities board, for deposit in the energy assistance 4 2 fund created in section 476.20A and used for 4 3 arbitration services pursuant to subsection 6. In 4 4 addition to the civil penalty, the department shall 4 5 revoke the exemption issued pursuant to this 4 6 subsection, and allow the public utility to impose all 4 7 applicable late fees and charges. 4 8 (2) During the time that the disability or medical 4 9 need requiring the environmental control or assistive 4 10 medical device is in existence, the customer makes a 4 11 good faith effort to pay the customer's utility bill 4 12 and any outstanding balance, according to the 4 13 standards for payments reflecting income guidelines 4 14 established by rule by the utilities board. If the 4 15 customer does not meet the payment guidelines for two 4 16 consecutive months, either the public utility or the 4 17 customer may request that a new individual payment be 4 18 established, subject to arbitration if necessary. 4 19 3A. a. It is the intent of the general assembly 4 20 that the board review the metering and billing 4 21 practices of the utilities, and the related rules, on 4 22 a regular basis. Meter reading should be performed 4 23 frequently for more accurate customer billing. 4 24 b. If a utility estimates a meter reading, the 4 25 next monthly bill must accurately reflect the actual 4 26 dates and changes in fuel prices and temperatures 4 27 during the estimated month. The utility shall not 4 28 apply its highest cost, or an average cost, of fuel 4 29 for the estimated month. 4 30 4. A public utilitywhichthat violates a 4 31 provision of this section relating to the 4 32 disconnection of service orwhichthat violates a rule 4 33 of the board relating to disconnection of service is 4 34 subject to civil penalties imposed by the board under 4 35 section 476.51. 4 36 5. The board shall establish ruleswhich shall be4 37uniformwith respect to all public utilities 4 38 furnishing gas or electricity relating to deposits 4 39whichthat may be required by the public utility for 4 40 the initiation or reinstatement of service. 4 41 a. The deposit for a residentialor commercial4 42 customerfor a place which has previously received4 43serviceshall not be greater thanthe highest billing4 44of service for one month for the place in the previous4 45twelve-month periodtwo hundred dollars. 4 46 b. The deposit fora residential ora commercial 4 47 customerfor a place which has not previously received4 48serviceor for an industrial customer shall be one- 4 49 half of the customer's projected one month's usage for 4 50 the place to be serviced as determined by the public 5 1 utility according to rules established by the board. 5 2 c. This subsection does not prohibit a public 5 3 utility from requiring payment of a customer's past 5 4 due account with the utility prior to reinstatement of 5 5 service; however, a customer can appeal this decision 5 6 and require arbitration pursuant to subsection 6. 5 7 d. The rules shall allow a person other than the 5 8 customer to pay the customer's deposit. Upon 5 9 termination of service to such a customer, the deposit 5 10 plus accumulated interest less any unpaid utility bill 5 11 of the customer, shall be reimbursed to the person who 5 12 made the deposit. 5 13 6. Arbitration services shall be available for 5 14 customers who cannot meet the payment guidelines 5 15 established by rule under subsection 3, or who appeal 5 16 a determination of a public utility under subsection 5 17 5. 5 18 a. The arbitration services shall be provided to 5 19 the fullest extent possible by nonprofit organizations 5 20 providing such services, and shall be supplemented as 5 21 necessary by services provided with funds from the 5 22 energy assistance fund created in section 476.20A. 5 23 b. Public utilities shall notify customers that 5 24 they have the right to proceed to binding arbitration 5 25 with the public utility, if direct negotiation in 5 26 resolving payment or deposit disputes with the public 5 27 utility is unsuccessful. 5 28 c. The parties shall accept an arbitrator's 5 29 decision as binding. The customer shall make the 5 30 payment according to the terms of the decision, and 5 31 the public utility shall accept the payment as payment 5 32 in full from the customer. 5 33 d. The board shall adopt rules pursuant to chapter 5 34 17A to implement the arbitration process. 5 35 Sec. . NEW SECTION. 476.20A ENERGY ASSISTANCE 5 36 FUND. 5 37 1. An energy assistance fund is created in the 5 38 state treasury. Moneys deposited in the fund shall be 5 39 used as follows: 5 40 a. For arbitration services under section 476.20. 5 41 b. To increase energy efficiency and 5 42 weatherization. 5 43 c. To support research for and the use of emerging 5 44 energy technology. 5 45 2. The energy assistance fund may receive moneys 5 46 including, but not limited to, the following: 5 47 a. Moneys appropriated by the general assembly for 5 48 the fund. 5 49 b. Moneys credited to the fund under section 5 50 476.20. 6 1 c. Contributions from customer utility bills under 6 2 subsection 3. 6 3 d. Any other moneys available to, obtained, or 6 4 accepted by the board for placement in the fund. 6 5 3. Each utility shall periodically notify its 6 6 customers of the availability and purpose of the fund 6 7 and provide them with forms on which they can 6 8 authorize the utility to bill a contribution to the 6 9 fund on a monthly basis. The board shall adopt rules 6 10 pursuant to chapter 17A regarding such contributions. 6 11 4. Notwithstanding section 12C.7, subsection 2, 6 12 interest or earnings on moneys deposited in the energy 6 13 assistance fund shall be credited to the fund. 6 14 Notwithstanding section 8.33, moneys remaining in the 6 15 energy assistance fund at the end of a fiscal year 6 16 shall not revert to the general fund of the state." 6 17 #2. By renumbering as necessary. 6 18 6 19 6 20 6 21 HATCH of Polk 6 22 HF 577.711 79 6 23 jj/cls
Text: H01274 Text: H01276 Text: H01200 - H01299 Text: H Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
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