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HS1FORHB62 • 2025

AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.

AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.

Crime
Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Last action
2025-05-22
Official status
Signed by Governor
Effective date
Not listed

Plain English Breakdown

The official source does not provide specific penalties or enforcement mechanisms beyond a civil penalty of up to $1,000 in lieu of a misdemeanor.

Rules for Utility Service Termination

This law changes when and how utility companies can turn off services like heating and cooling in homes.

What This Bill Does

  • It stops utility companies from turning off any service outside of business hours (8 a.m. to 4 p.m., Monday through Thursday).
  • Utility companies cannot turn off services between December 21st and January 1st each year.
  • Heating services cannot be turned off if the temperature is at or below 35 degrees Fahrenheit due to nonpayment.
  • Cooling services cannot be turned off when the Heat Index (a measure of how hot it feels) is 90 degrees Fahrenheit or higher.
  • Utility companies must give a written notice two weeks before turning off service for not paying bills during heating or cooling seasons.
  • Utility companies must make at least three attempts to contact the occupant by phone, text message, or email before terminating services in the heating season, including one attempt after 5 p.m.
  • Utility companies must make at least one attempt to contact the occupant by phone, text message, or email before terminating services in the cooling season.
  • The notice given two weeks before termination must include information about payment plans and government assistance programs.

Who It Names or Affects

  • People who live in homes with utility services like heating and cooling.
  • Utility companies that provide these services.

Terms To Know

Heat Index
A measure of how hot it feels outside, combining temperature and humidity.

Limits and Unknowns

  • The bill does not specify what happens if a utility company breaks these rules.
  • It is unclear how the new laws will be enforced by municipalities using municipal electric companies.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

HA 1

1 • Ross Levin

Passed 4/8/25

Plain English: This amendment changes how utilities can terminate service, including changing temperature measurement locations, increasing heat index thresholds, altering contact requirements, modifying mail delivery methods, extending effective dates, and allowing weekend terminations with certain conditions.

  • Requires utility companies to measure daily temperatures from an airport in the same county as the subject dwelling instead of a location within 50 miles.
  • Increases the heat index threshold for electric utilities to shut off services from 90 degrees to 95 degrees.
  • Changes references to 'adult occupant of the dwelling unit' to 'account holder'.
  • Removes the requirement that written notices be sent via First Class mail during heating or cooling seasons.
  • The amendment includes several changes not explicitly listed in the summary, such as altering contact attempts and effective dates.
  • Some technical details about specific line numbers and deletions are omitted for clarity.

Bill History

  1. 2025-05-22 Delaware General Assembly

    Signed by Governor

  2. 2025-05-20 Delaware General Assembly

    Passed By Senate. Votes: 20 YES 1 ABSENT

  3. 2025-05-14 Delaware General Assembly

    Reported Out of Committee (Environment, Energy & Transportation) in Senate with 4 Favorable, 4 On Its Merits

  4. 2025-04-08 Delaware General Assembly

    Amendment HA 1 to HS 1 - Introduced and Placed With Bill

  5. 2025-04-08 Delaware General Assembly

    Amendment HA 1 to HS 1 - Passed In House by Voice Vote

  6. 2025-04-08 Delaware General Assembly

    Passed By House. Votes: 28 YES 12 NO 1 ABSENT

  7. 2025-04-08 Delaware General Assembly

    Assigned to Environment, Energy & Transportation Committee in Senate

  8. 2025-03-26 Delaware General Assembly

    Reported Out of Committee (Natural Resources & Energy) in House with 10 On Its Merits

  9. 2025-03-20 Delaware General Assembly

    Adopted in lieu of the original bill HB 62, and Assigned to Natural Resources & Energy Committee in House

Official Summary Text

AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.
This Act updates the law relating to the termination of utility services to a dwelling unit by adopting and expanding state regulations concerning the termination of heating and cooling services. Among other things, this Act does the following:
1. Prohibits a utility company from terminating any services outside the hours of 8 a.m. to 4 p.m., Monday through Thursday.
2. Prohibits a utility company from terminating any services from December 21 of each year to January 1 of the following year.
3. Prohibits a utility company from terminating heating services for nonpayment to a dwelling unit when the temperature is at or below 35 degrees Fahrenheit.
4. Prohibits a utility company from terminating cooling services when the Heat Index is equal to or exceeds 90 degrees Fahrenheit.
5. Requires 14 days written notice be given to a dwelling unit prior to termination of services for nonpayment of bills during the heating or cooling season.
6. Requires the utility company to make at least 3 attempts to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the heating season, including one attempt that must be after 5 p.m.
7. Requires the utility to make at least 1 attempt to contact the occupant of a dwelling unit by telephone, text message, or email prior to termination of services for nonpayment during the cooling season.
8. Requires that the 14 days written notice include information about payment plans, government assistance programs, and other ways termination of services may be deferred.
9. Imposes a civil penalty of up to $1,000 in lieu of a misdemeanor.

This Act also expands the scope of utility termination laws to include the termination of utilities run by municipal electric companies. Municipalities that use municipal electric companies will be responsible for adopting ordinances to enforce utility termination laws within the municipality.

Among other things, House Substitute No. 1 for House Bill No. 62 differs from House Bill No. 62 by including additional times when shutoff of utilities is prohibited; removing the provision prohibiting shutoffs for occupants receiving certain benefits; and clarifying certain notice requirements.