Extreme Heat/Ban Utility Disconnections.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 1027

Short Title: Extreme Heat/Ban Utility Disconnections. (Public)
Sponsors: Senators Salvador, Murdock, and Waddell (Primary Sponsors).
Referred to: Rules and Operations of the Senate
May 4, 2026
*S1027-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE UT ILITY SHUT -OFF PROTE CTIONS DURING PERIOD S OF 2
EXTREME HEAT, EXTREM E COLD, AND POOR AIR QUALITY; TO PROTECT 3
RESIDENTIAL TENANTS FROM PERIODS OF EXTR EME HEAT AND POOR AI R 4
QUALITY BY AUTHORIZING THE INSTALLATION OF PORTABLE COOLING AND 5
AIR FILTRATION DEVICES; AND TO MAKE VARIOUS TECHNICAL CHANGES. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 62-159.1 reads as rewritten: 8
"§ 62-159.1. Debt collection practices. 9
… 10
(c) No public utility or electric membership corporation shall suspend or disconnect 11
service to a residential retail customer during a period of extreme heat or a period of poor air 12
quality as defined in G.S. 42-40 or ex treme cold with a high temperature under 32 degrees 13
Fahrenheit. A public utility and electric membership corporation shall offer customers with 14
delinquent accounts, who have been adversely affected by the extreme weather event, with the 15
option of settling any unpaid balance through participation in a deferred payment plan." 16
SECTION 2. G.S. 42-40 reads as rewritten: 17
"§ 42-40. Definitions. 18
For the purpose of this Article, the following definitions shall apply: 19
(1) "Action" includes recoupment, Action. – Recoupment, counterclaim, defense, 20
setoff, and any other proceeding including an action for possession. 21
(1a) Air quality alert. – An alert that includes a warning regarding unhealthy or 22
very unhealthy air quality (Air Quality Index of 151 or higher) or similar alert 23
for the area in which the tenant's address is located. 24
(1b) Heat-related alert. – An alert that i ncludes an excessive heat warning, 25
excessive heat watch, extreme heat index advisory, heat advisory, or similar 26
alert for the area in which the tenant's address is located. 27
(1c) Landlord. – Any owner and any rental management company, rental agency, 28
or any other person having the actual or apparent authority of an agent to 29
perform the duties imposed by this Article. 30
(1d) Period of extreme heat. – A period beginning 24 hours before the effectiv e 31
time of any heat -related alert issued or announced by the National Weather 32
Service, or beginning at the effective time of any heat -related alert issued 33
without advance announcement, and ending 48 hours after the expiration or 34
cancellation of the heat-related alert. If multiple heat-related alerts overlap or 35
are sequential, the period of extreme heat includes all overlapping or 36
General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 1027-First Edition
sequential alerts and continues uninterrupted until 48 hours after the last 1
heat-related alert expires or is canceled. 2
(1e) Period of poor air quality. – A period beginning 24 hours before the effective 3
time of any air quality alert issued or announced by the Environmental 4
Protection Agency or the North Carolina Department of Environmental 5
Quality, or beginning at the effective ti me of any air quality alert issued 6
without advance an nouncement, and ending 48 hours after the expiration or 7
cancellation of the air quality alert. If multiple air quality alerts overlap or are 8
sequential, the period of poor air quality includes all overlapping or sequential 9
alerts and continues uninterrupted until 48 hours after the last air quality alert 10
expires or is canceled. 11
(1f) Portable air filtration device. – An air purifier or simil ar device designed to 12
improve indoor air quality but not including a device whose installation or use 13
requires alteration to the premises. 14
(1g) Portable cooling device. – An air conditioner, or evaporative cooler, including 15
a device mounted in a window or designed to sit on the floor, but not including 16
a device whose installation or use requires alteration to the premises. 17
(2) "Premises" means a Premises. – A dwelling unit, including mobile homes or 18
mobile home spaces, and the structure of which it is a part and facilities and 19
appurtenances therein and grounds, areas, and facilities normally held out for 20
the use of residential tenants. 21
(3) "Landlord" means any owner and any rental management company, rental 22
agency, or any other person having the actual or apparent authority of an agent 23
to perform the duties imposed by this Article. 24
(4) "Protected tenant" means a Protected tenant. – A tenant or household member 25
who is a victim of domestic violence under Chapter 50B of the General 26
Statutes or sexual assault or stalking under Chapter 14 of the General 27
Statutes." 28
SECTION 3. Article 5 of Chapter 42 of the General Statutes is amended by adding 29
a new section to read: 30
"§ 42-42.4. Tenant right to install portable cooling and air filtration devices. 31
(a) A landlord may not prohibit or restrict a tenant from installing or using a portable 32
cooling device or portable air filtration device of the tenant 's choosing, unless any of the 33
following apply: 34
(1) The installation or use of the device would do any of the following: 35
a. Violate building codes or State or federal law. 36
b. Violate the device manufacturer's written safety guidelines. 37
c. Cause unreasonable damage to the premises or render the premises 38
uninhabitable. 39
d. Require amperage to power the device that cannot be accommodated 40
by the power service to the premises. A landlord who limits the use of 41
devices for this reason must prioritize allowing the use of devices for 42
tenants who require them to accommodate a disability as defined by 43
State or federal law. A landlord is not responsible for any interruption 44
in electrical service tha t is not caused by the landlord, including 45
interruptions caused by an electrical supply's inability to accommodate 46
use of the device. 47
(2) The device would be installed in a window and any one of the following is 48
true: 49
a. The window is a necessary egress from the premises. 50
General Assembly Of North Carolina Session 2025
Senate Bill 1027-First Edition Page 3
b. The device requires excessive use of brackets or other hardware that 1
would damage or void the warranty of the window or frame, puncture 2
the exterior wal l of the premises, or otherwise cause significant 3
damages. 4
c. The installation would not allow for adequate drainage to prevent 5
damage to the premises. 6
d. The device cannot be secured in a way that prevents it from falling out 7
of the window. 8
(3) The premises already have a permanently installed and fully operational heat 9
pump or other cooling system that is capable of cooling the premises. 10
(b) A landlord shall not enforce a restriction on portable cooling or air filtration devices 11
against a tenant unless the restriction is allowed under this section and is delivered to the tenant 12
in writing within 48 hours of notice of the default above. The t enant shall then remove the 13
offending device within 48 hours of the written notice if already installed. 14
(c) A landlord is immune from liability for any claim for damages, injury, or death caused 15
by a portable cooling or air filtration device installed or used by the tenant. 16
(d) A landlord must include written information in a written rental agreement or lease 17
notifying a tenant of the tenant's rights, responsibilities, and restrictions related to the installation 18
and operation of portable cooling and air filtration devices." 19
SECTION 4. Article 5 of Chapter 42 of the General Statutes is amended by adding 20
a new section to read: 21
"§ 42-42.5. Restrictions on termination of utility service during periods of extreme heat or 22
poor air quality. 23
(a) Notwithstanding any other provision of law, during a period of extreme heat or a 24
period of poor air quality for the area in which the premises are located, a landlord may not effect 25
an involuntary termination of electric utility or water service for the premises due to lack of 26
payment by the tenant, except as provided in this section. 27
(b) A tenant whose electric or water utility service has been disconnected for lack of 28
payment may request that the landlord reconnect service during a period of extreme heat or poor 29
air quality. The landlord shall inform all tenants in any notice of disconnection of the ability to 30
seek reconnection and provide clear and specific information on how to make that request, 31
including how to contact the landlord. Upon receipt of such a request, the landlord shall promptly 32
make a reasonable attempt to reconnect the service to the premises. The landlord, in connection 33
with such a request, may require the tenant to enter into a payment plan prior to reconnecting 34
service. If the landlord requires the tenant to enter into a repaymen t plan, the repayment plan 35
must comply with this Chapter, and be designed both to pay the past due bill by the following 36
May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are 37
no greater than six percent (6%) of the tenant 's net monthly income, and to pay for continued 38
utility service. The plan may not require monthly payments in excess of six percent (6%) of the 39
tenant's net monthly income. A tenant may agree to pay a higher percentage during this period 40
but will not be in default unless payment during this period is less than six percent (6%) of the 41
tenant's net monthly income. If assistance payments are received by the tenant subsequent to the 42
implementation of the plan, the tenant shall contact the landlord to reformulate the plan." 43
SECTION 5. There is appropriated from the General Fund to the North Carolina 44
Utilities Commission the s um of one hundred thousand dollars ($100,000) in recurring funds 45
beginning with the 2026-2027 fiscal year to assemble and disseminate a report of disconnections 46
on an annual basis. 47
SECTION 6. This act becomes effective July 1, 2026, and applies to rental 48
agreements or leases entered into or renewed on or after that date. 49