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Statement of Introduction
Utility Disconnection Protection Act of 2025
February 13, 2025
Today I am introducing the “Utility Disconnection Protection Act of 2025”, with
Councilmember Anita Bonds joining as a co-introducer. This is a reintroduction of a
similar bill introduced last council period. This bill safeguards residents by limiting an
electric company or gas utility from disconnecting service for protected households during
summer and winter months. The bill also requires the establishment of guidelines for
payment plans for eligible customers and sets limits on what providers can charge to turn
utilities back on after they have been disconnected due to non-payment. Finally, it
requires that an electric company or gas company report data on unpaid bills and
disconnections to the Public Service Commission monthly. This legislation is a permanent
and narrower version of protections that were in place during the COVID-19 public health
emergency.
Shutting off a home’s energy supply can have grave consequences on its residents’
health and financial wellbeing. Energy insecurity can often lead to physical and mental
health challenges, including difficulty sleeping, poor respiratory health, and food
insecurity, and at times, can be fatal. Those who are behind on their utility bills also face
economic repercussions, such as eviction or foreclosure. This can negatively impact their
credit scores and bar them from establishing utility accounts in the future.1 In 2022,
District households had their gas and electricity cut off nearly 8,800 times for nonpayment
– a phenomenon disproportionately impacting low-income and Black and brown
communities.2
To ensure that District residents have safe and affordable access to life saving
electricity and heat, the Utility Disconnection Protection Act of 2025 prohibits an electric
1 Which Americans Face the Greatest Risk of Utility Shut-Offs, and How Do they Cope? | Housing Matters (urban.org)
2 Pepco disconnected customers 4,217 times last year. See Potomac Electric Power Company’s December 2022
Compliance with DC PSC Case Nos. 813-1043 Order Nos. 14293 and 15134, DC Public Service Commission, January 20,
2023, https://edocket.dcpsc.org/apis/api/Filing/download?attachId=185094&guidFileName=453b7d4ab7e9-43ab-8a09-
963cdfca5b63.pdf.
Washington Gas disconnected customers 4,568 times last year. See Washington Gas Light Company’s Monthly Report
pursuant to Order No. 15134, Public Service Commission, January 20, 2023,
https://edocket.dcpsc.org/apis/api/Filing/download?attachId=185081&guidFileName=67dafe64-8b13-4640-bcb0-
6efc522b48bb.pdf.
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company or gas company from disconnecting service for protected households during the
hottest and coldest months. Based on current temperature data, the disconnection
protection will apply from May 15 through September 15, and from November 1 through
February 29.3 Protected District households include those households with children under
the age of 18, seniors aged 65 and older, individuals with disabilities, individuals who are
pregnant or 12 weeks post-partum, and recipients of certain public assistance programs.
The program will be housed and administered under the Department of Energy and
Environment.
This legislation also ensures that all eligible customers are offered a payment plan
and limits the fees required for electricity or gas to be turned back on after disconnection.
Currently, utility providers are not required to offer a payment plan to customers and
require that a bill is paid in full before turning services back on, which can amount to
hundreds or thousands of dollars.
Forty-eight other states have regulations in place that restrict the ability of
landlords and utility companies to shut off utilities, but these laws vary widely. For
instance, Indiana prohibits natural gas and electricity disconnections between December 1
and March 15 for tenants who receive public assistance. Idaho, on the other hand,
prohibits disconnection from December 1 to February 28 for households with children
under 18 or seniors aged 62 or older.4
In the District of Columbia, it is only against the law to shut off electricity and
natural gas when the temperature is forecast to be 95 degrees Fahrenheit or above or 32
degrees Fahrenheit or below. This temperature-based policy is inadequate for many
populations in the District and is needlessly complex; the District’s policy lags behind
other states with clear and predictable date-based protections.
3 National Centers for Environmental Information (NCEI) (noaa.gov)
4 State Disconnect Policies | The LIHEAP Clearinghouse (hhs.gov)
_____________________________
Councilmember Anita Bonds
_____________________________
Councilmember Brianne K. Nadeau
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A BILL
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IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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To prohibit an electric company or gas company from disconnecting residential electric or gas 1
service for protected households during the summer and winter months; to establish the 2
program under the Department of Energy and the Environment; to require the 3
establishment of guidelines for payment plans for all eligible customers and a maximum 4
payment amount to turn utilities back on; and to require that an electric company or gas 5
company report arrearage and disconnection data to the Public Service Commission on a 6
monthly basis. 7
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BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 9
act may be cited as the “Utility Disconnection Protection Act of 2025”. 10
Sec. 2. Definitions. 11
For the purposes of this act, the term: 12
(1) “Disability” shall have the same meaning as provided in section 404(4) of the 13
Disability Rights Protection Act of 2006, effective March 8, 2007 (D.C. Law 16-239; D.C. 14
Official Code § 2-1431.01(4)). 15
(2) “Electric company” shall have the same meaning as provided in section 8 of 16
An Act Making appropriations to provide for the expenses of the government of the District of 17
Columbia for the fiscal year ending June thirtieth, nineteen hundred and fourteen, and for other 18
purposes, approved March 4, 1913 (37 Stat. 976; D.C. Official Code § 34-207). 19
(3) “Eligible customer” means a utility customer that: 20
(A) Has notified the utility provider of an inability to pay all or a portion 21
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of the amount due; and 22
(B) Agrees in writing to make payments in accordance with the payment 23
plan. 24
(4) "Gas company" shall have the same meaning as provided in section 3(11) of 25
the Retail Natural Gas Supplier Licensing and Consumer Protection Act of 2004, effective 26
March 16, 2005 (D.C. Law 15-227; D.C. Official Code § 34-1671.02(11)). 27
(5) “Protected household” means a household that includes a resident who is: 28
(A) An elderly person 65 years of age or older; 29
(B) A child under 18 years of age; 30
(C) An individual with a disability; 31
(D) An individual who is pregnant or up to 12 weeks postpartum; or, 32
(E) A recipient of any of the following public assistance programs: 33
(i) Temporary Assistance for Needy Families, established under 34
part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.); 35
(ii) the Supplemental Nutrition Assistance Program, established 36
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 37
(iii) the supplemental security income program established under 38
Title XVI of the Social Security Act (42 U.S.C. 1381 et seq.); 39
(iv) Low Income Home Energy Assistance Program; 40
(v) Any other income-based assistance program identified by the 41
Mayor. 42
(6) “Protected months” means May 15 through September 15 and November 1 43
through February 29 of each calendar year. 44
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(7) “Utility provider” means an electric company or a gas company. 45
Sec. 3. Shutoff prohibition. 46
(a) A utility provider shall not disconnect residential service for non-payment for any 47
protected household during the protected months. 48
(b) The Department of Energy and Environment (“DOEE”) shall establish a process for 49
verification of program eligibility and proof of residency. 50
(c) DOEE shall transmit certification of program eligibility to a utility provider on behalf 51
of a protected household within 15 days after verifying eligibility. 52
(d) Protected households shall recertify program eligibility annually. 53
(e) A utility provider shall provide information on all monthly bills about the prohibitions 54
established by this section, along with information about how to apply for assistance with DOEE. 55
(f) A utility provider shall: 56
(1) Waive any late fee, interest, or penalty that arises during protected months; 57
and, 58
(2) Not sell any uncollected household debt accrued during the protected months 59
to collection agencies. 60
Sec. 4. Payment plan. 61
(a) A utility provider shall offer a payment plan program ("program") for eligible 62
customers. Under its program, a utility provider shall: 63
(1) Make a payment plan available to an eligible customer for the payment of 64
amounts that come due during the program period, with a minimum term length of 2 years, 65
unless a shorter time period is requested by the eligible customer; 66
(2) Waive any fee, interest, or penalty that arises out of the eligible customer 67
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entering into a payment plan; 68
(3) Not report to a credit reporting agency as delinquent the amounts subject to 69
the payment plan; 70
(4) Notify all customers of the availability, terms, and application process for its 71
program; and 72
(5) Reconnect service to occupied residential property when an eligible 73
customer enters a payment plan, and not charge a fee greater than $15 for this reconnection. 74
(b)(1) Customers entering into a payment plan shall be required to make payments in 75
monthly installments for the duration of the payment plan unless a shorter payment schedule is 76
requested by the customer. 77
(2) A utility provider shall permit a customer that has entered into a payment 78
plan to pay an amount greater than the monthly amount established in the payment plan. 79
(3) A utility provider shall not require or request a customer to provide a lump-80
sum payment under a payment plan. 81
(4) A utility provider shall provide confirmation in writing to the customer of the 82
payment plan entered into, including the terms of a payment plan. 83
(5) For eligible customers who are also protected households, the monthly 84
minimum amount established in the payment plan may not exceed 6% of the eligible customer’s 85
monthly income. 86
(c) A utility provider shall utilize existing procedures or, if necessary, establish new 87
procedures, subject to approval by the Public Service Commission (“Commission”), to provide a 88
process by which a customer may apply for a payment plan, which may include requiring the 89
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customer to submit supporting documentation. A utility provider shall establish a payment plan 90
application process either online or by telephone. 91
(d)(1) A utility provider shall approve each application for a payment plan made by an 92
eligible customer. 93
(2) If the customer is not eligible and the customer's application for a payment 94
plan is denied, the utility provider shall inform the customer, in writing, of the denial and of the 95
option to file a written complaint pursuant to subsection (g) of this section. 96
(e)(1) When a customer fails to pay in full the amounts due under a payment plan 97
on 3 separate occasions during the term of such payment plan, and the customer and utility 98
provider have not mutually agreed to a modification of the terms of the payment plan, nothing 99
under this section shall prevent a utility provider from either offering the customer a new 100
payment plan or disconnecting service. 101
(2) Notwithstanding any provision in this section, a utility provider is not 102
required to offer a customer a new payment plan within one year from when a customer has 103
failed to pay in full the amount due under a payment plan offered pursuant to this section on 3 104
separate occasions 105
(f)(1) A utility provider that receives an application for a payment plan pursuant to this 106
section shall retain the application, whether approved or denied, for at least 3 years. 107
(2) Upon request by the customer, a utility provider shall make an application for 108
a payment plan available to the Commission, and the Office of the People’s Counsel; 109
(g) A customer whose application for a payment plan is denied may file a written 110
complaint with the Commission, and the Office of the People's Counsel. 111
Sec. 5. Reporting Requirements. 112
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(a) A utility provider shall collect and report the following arrearage and 113
disconnection data to the Public Service Commission on a monthly basis, disaggregated by Ward 114
and by nine-digit zip code: 115
(1) The number of: 116
(A) Residential customers; 117
(B) Low-income residential customers; 118
(C) Residential customers in arrears and the total dollar amount of 119
those arrearages; 120
(D) Low-income customers in arrears and the total dollar amount of 121
their arrearages; 122
(E) Residential terminations for non-payment; 123
(F) Low-income residential terminations for non-payment; 124
(G) Low-income residential service arrearage-related restorations; 125
(H) Residential service arrearage-related restorations; 126
(2) The amount of low-income residential accounts determined 127
uncollectible; 128
(3) The total dollar amount of residential accounts determined uncollectible; 129
(4) The number of disconnection notices issued to residential customers; 130
(5) The number of disconnection notices issued to low-income residential 131
customers: 132
(6) Total revenues from residential customers and total revenues from low-income 133
residential customers; 134
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(7) The number of low-income deferred payment agreements entered into each 135
month and the total dollar amount associated with each low-income deferred payment 136
agreement; 137
(8) The number of residential deferred payment agreements entered into each 138
month and the total dollar amount associated with each residential deferred payment agreement; 139
(9) The average length of repayment terms for residential customers in deferred 140
payment agreements; 141
(10) the average length of repayment terms for low-income customers in deferred 142
payment agreements; 143
(11) The number of residents eligible for and, separately, enrolled in the Utility 144
Aid Discount Program, Residential Aid Discount Program, and Residential Essential Service; 145
and, 146
(12) The number of residents who became eligible for disconnection due to non-147
payment but weren’t disconnected due to medical protections, temperature-based protections, or 148
protected household protections. 149
Sec. 6. Fiscal impact statement. 150
The Council adopts the fiscal impact statement of the Budget Director as the fiscal impact 151
statement required by section 4a of the General Legislative Procedures Act of 1975, approved 152
October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 153
Sec. 7. Effective date. 154
This act shall take effect following approval by the Mayor (or in the event of veto by the 155
Mayor, action by the Council to override the veto) and a 30-day period of congressional review 156
as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 157
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24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 158
Columbia Register. 159