Low-income energy assistance

AN ACT Relating to establishing a statewide low-income energy 1
assistance program; amending RCW 19.405.120 and 70A.65.260; adding 2
new sections to chapter 43.330 RCW; adding a new section to chapter 3
80.28 RCW; and creating a new section. 4
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:5
NEW SECTION. Sec. 1. The legislature finds that there is an 6
urgent need for stronger policy and a new program option to secure 7
universally accessible low-income energy bill assistance and reduce 8
the over $270,000,000 biennial energy burden in Washington. Many 9
income-eligible households do not have sufficient support. The 10
department of commerce November 2024 study of options for a statewide 11
energy assistance program in Washington lays out core features of a 12
just system to expand and secure access to energy affordability 13
measures. To address present and widening disparities in household 14
access to energy assistance will require easier applications, safe 15
data sharing, low barrier eligibility determinations, systematic 16
processes for filling in gaps in the reach of existing programs, and 17
guaranteed funding sources. The recommended program design promotes a 18
more centralized approach to energy assistance. Key elements include 19
those that reduce administrative burdens, but also improve the 20
H-1209.1
HOUSE BILL 1903
State of Washington 69th Legislature 2025 Regular Session
By Representatives Mena, Berry, Doglio, Parshley, Simmons, Santos,
Taylor, Scott, Ramel, Farivar, Hill, Pollet, and Duerr
Read first time 02/07/25. Referred to Committee on Environment &
Energy.
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experience and likelihood that an eligible household receives 1
assistance. 2
NEW SECTION. Sec. 2. A new section is added to chapter 43.330 3
RCW to read as follows: 4
The definitions in this section apply throughout sections 3 and 4 5
of this act unless the context clearly requires otherwise.6
(1) "Low-income" has the same meaning as in RCW 19.405.020.7
(2) "Community action council" has the same meaning as "community 8
action agency" in RCW 43.185C.010. 9
(3) "Energy assistance" means monetary assistance, such as a 10
grant program or discounts for low-income households, that lowers a 11
low-income household's energy burden. 12
(4) "Energy burden" has the same meaning as in RCW 19.405.020.13
NEW SECTION. Sec. 3. A new section is added to chapter 43.330 14
RCW to read as follows: 15
(1) The statewide low-income energy assistance program is 16
established within the department. The purpose of the program is to 17
reduce energy burden for low-income households in Washington. The 18
department must begin providing energy assistance through the program 19
by July 1, 2026. The department must write rules to implement this 20
section. 21
(2) The department must establish enrollment details which must 22
include, but are not limited to: 23
(a) All low-income households are eligible to participate in the 24
program; 25
(b) Low-income households may apply directly to the program;26
(c) Low-income households may self-attest that they meet income 27
qualifications; 28
(d) The department may verify that applicants and participants 29
meet the income qualifications, and may work with utilities and 30
community action councils to conduct this verification;31
(e) There is no risk to eligibility based on immigration status 32
or income self-attestation; and 33
(f) The department must explore auto-enrollment of known eligible 34
households. 35
(3) The department must provide outreach for the program by:36
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(a) Developing a website and materials for the program that 1
provide information in multiple languages. Outreach materials must be 2
produced and approved by first language speakers; 3
(b) Partnering with community-based organizations and community 4
action councils to provide outreach to households less likely to sign 5
up directly or seek government services; 6
(c) Coordinating with programs in the state that provide benefits 7
to low-income households so that low-income households are notified 8
and directed to the statewide low-income energy assistance program 9
when signing up or participating in other programs. These programs 10
may include, but are not limited to, the food stamp or benefit 11
program as authorized in RCW 74.04.500 and the working families tax 12
credit as described in RCW 82.08.0206; 13
(d) Providing a call center; 14
(e) Ensuring that call center staff and program administrators 15
are trained on trauma-informed communication practices; and16
(f) Codesigning outreach campaigns with community partners, low-17
income service providers, and statewide community-based 18
organizations. 19
(4)(a) In accordance with section 5 of this act, the department 20
must administer the program by providing funds for energy assistance 21
to gas and electric companies, and to all other electric utilities. 22
The utilities must pass these funds on to their low-income 23
residential customers and show the energy assistance on the 24
customers' monthly bills. 25
(b) The dollar amount that the department must provide to low-26
income households must be tiered to provide the most energy 27
assistance to the households with the greatest need.28
(c) The department's obligation to provide energy assistance is 29
based on available funding appropriated for this specific purpose. It 30
is the intent of the legislature that sustained funding shall be 31
provided to meet low-income household needs from climate commitment 32
act auction revenues. 33
(5) The department must submit a report to the governor and 34
legislature that includes a program evaluation of the statewide low-35
income energy assistance program by July 1st in every even-numbered 36
year. The advisory group established in section 4 of this act must 37
advise the department on the program evaluation, which must include 38
meaningful metrics around equitable access and overall program 39
delivery. 40
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NEW SECTION. Sec. 4. A new section is added to chapter 43.330 1
RCW to read as follows: 2
The department must establish an advisory group for the statewide 3
low-income energy assistance program, which must include, but is not 4
limited to, members from low-income households. The advisory group 5
must be composed of a diverse group of stakeholders and must be 6
established by the department before program implementation to help 7
inform program development. The advisory group must advise the 8
department throughout program implementation and on the program 9
evaluation required in section 3 of this act. 10
NEW SECTION. Sec. 5. A new section is added to chapter 80.28 11
RCW to read as follows: 12
(1) Gas companies and electric companies must either participate 13
in the statewide low-income energy assistance program established in 14
section 3 of this act or opt-out in accordance with subsection (2) of 15
this section. 16
(2) A gas company or electric company may opt-out of the 17
statewide low-income energy assistance program if it has at least one 18
low-income program that provides energy assistance to at least 50 19
percent of low-income households served by the utility and maintains 20
this participation percent. For an electric company, such a program 21
or programs must follow the requirements outlined in RCW 19.405.120. 22
The gas company or electric company must certify in a report to the 23
department of commerce each year that the utility is meeting the 24
required low-income household participation percent in the program or 25
programs. The first report to the department of commerce must be by 26
July 1, 2026. If a gas company or electric company does not meet the 27
requirements of this subsection by July 1, 2028, the gas company or 28
electric company must then immediately contact the department of 29
commerce to establish participation in the statewide low-income 30
energy assistance program. 31
Sec. 6. RCW 19.405.120 and 2019 c 288 s 12 are each amended to 32
read as follows: 33
(1) It is the intent of the legislature to demonstrate progress 34
toward making energy assistance funds available to low-income 35
households consistent with the policies identified in this section.36
(2) An electric utility must make programs and funding available 37
for energy assistance to low-income households by July 31, 2021 , 38
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which the utility may either do directly and in accordance with the 1
requirements described in this section or through the statewide low-2
income energy assistance program described in section 3 of this act. 3
An electric utility's participation in the statewide low-income 4
energy assistance program satisfies compliance with this section.5
(3) Each utility must demonstrate progress in providing energy 6
assistance pursuant to the assessment and plans in subsection (((4))) 7
(5) of this section. To the extent practicable, priority must be 8
given to low-income households with a higher energy burden.9
(((3))) (4) Beginning July 31, 2020, the department must collect 10
and aggregate data estimating the energy burden and energy assistance 11
need and reported energy assistance for each electric utility, in 12
order to improve agency and utility efforts to serve low-income 13
households with energy assistance. The department must update the 14
aggregated data on a biennial basis, make it publicly accessible on 15
its internet website and, to the extent practicable, include 16
geographic attributes. 17
(a) The aggregated data published by the department must include, 18
but is not limited to: 19
(i) The estimated number and demographic characteristics of 20
households served by energy assistance for each utility and the 21
dollar value of the assistance; 22
(ii) The estimated level of energy burden and energy assistance 23
need among customers served, accounting for household income and 24
other drivers of energy burden; 25
(iii) Housing characteristics including housing type, home 26
vintage, and fuel types; and 27
(iv) Energy efficiency potential. 28
(b) Each utility must disclose information to the department for 29
use under this subsection, including: 30
(i) The amount and type of energy assistance and the number and 31
type of households, if applicable, served for programs administered 32
by the utility; 33
(ii) The amount of money passed through to third parties that 34
administer energy assistance programs; and 35
(iii) Subject to availability, any other information related to 36
the utility's low-income assistance programs that is requested by the 37
department. 38
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(c) The information required by (b) of this subsection must be 1
from the electric utility's most recent completed budget period and 2
in a form, timeline, and manner as prescribed by the department.3
(((4))) (5)(a) In addition to the requirements under subsection 4
(((3))) (4) of this section, each electric utility must submit 5
biennially to the department an assessment of: 6
(i) The programs and mechanisms used by the utility to reduce 7
energy burden and the effectiveness of those programs and mechanisms 8
in both short-term and sustained energy burden reductions;9
(ii) The outreach strategies used to encourage participation of 10
eligible households, including consultation with community-based 11
organizations and Indian tribes as appropriate, and comprehensive 12
enrollment campaigns that are linguistically and culturally 13
appropriate to the customers they serve in vulnerable populations; 14
and 15
(iii) A cumulative assessment of previous funding levels for 16
energy assistance compared to the funding levels needed to meet: (A) 17
Sixty percent of the current energy assistance need, or increasing 18
energy assistance by fifteen percent over the amount provided in 19
2018, whichever is greater, by 2030; and (B) ninety percent of the 20
current energy assistance need by 2050. 21
(b) The assessment required in (a) of this subsection must 22
include a plan to improve the effectiveness of the assessed 23
mechanisms and strategies toward meeting the energy assistance need.24
(((5))) (6) A consumer-owned utility may enter into an agreement 25
with a public university, community-based organization, or joint 26
operating agency organized under chapter 43.52 RCW to aggregate the 27
disclosures required in this section and submit the assessment 28
required in subsections (((3))) (4) and (((4))) (5) of this section.29
(((6))) (7)(a) The department must submit a biennial report to 30
the legislature that: 31
(i) Aggregates information into a statewide summary of energy 32
assistance programs, energy burden, and energy assistance need;33
(ii) Identifies and quantifies current expenditures on low-income 34
energy assistance; and 35
(iii) Evaluates the effectiveness of additional optimal 36
mechanisms for energy assistance including, but not limited to, 37
customer rates, a low-income specific discount, system benefits 38
charges, and public and private funds. 39
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(b) The department must also assess mechanisms to prioritize 1
energy assistance towards low-income households with a higher energy 2
burden. 3
(((7))) (8) Nothing in this section may be construed to restrict 4
the rate-making authority of the commission or the governing body of 5
a consumer-owned utility as otherwise provided by law.6
Sec. 7. RCW 70A.65.260 and 2023 c 475 s 939 are each amended to 7
read as follows: 8
(1) The climate commitment account is created in the state 9
treasury. The account must receive moneys distributed to the account 10
from the climate investment account created in RCW 70A.65.250. Moneys 11
in the account may be spent only after appropriation. Projects, 12
activities, and programs eligible for funding from the account must 13
be physically located in Washington state and include, but are not 14
limited to, the following: 15
(a) Implementing the working families' tax credit in RCW 16
82.08.0206; 17
(b) Supplementing the growth management planning and 18
environmental review fund established in RCW 36.70A.490 for the 19
purpose of making grants or loans to local governments for the 20
purposes set forth in RCW 43.21C.240, 43.21C.031, 36.70A.500, and 21
36.70A.600, for costs associated with RCW 36.70A.610, and to cover 22
costs associated with the adoption of optional elements of 23
comprehensive plans consistent with RCW 43.21C.420;24
(c) Programs, activities, or projects that reduce and mitigate 25
impacts from greenhouse gases and copollutants in overburdened 26
communities, including strengthening the air quality monitoring 27
network to measure, track, and better understand air pollution levels 28
and trends and to inform the analysis, monitoring, and pollution 29
reduction measures required in RCW 70A.65.020; 30
(d) Programs, activities, or projects that deploy renewable 31
energy resources, such as solar and wind power, and projects to 32
deploy distributed generation, energy storage, demand-side 33
technologies and strategies, and other grid modernization projects;34
(e) Programs, activities, or projects that increase the energy 35
efficiency or reduce greenhouse gas emissions of industrial 36
facilities including, but not limited to, proposals to implement 37
combined heat and power, district energy, or on-site renewables, such 38
as solar and wind power, to upgrade the energy efficiency of existing 39
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equipment, to reduce process emissions, and to switch to less 1
emissions intensive fuel sources; 2
(f) Programs, activities, or projects that achieve energy 3
efficiency or emissions reductions in the agricultural sector 4
including: 5
(i) Fertilizer management; 6
(ii) Soil management; 7
(iii) Bioenergy; 8
(iv) Biofuels; 9
(v) Grants, rebates, and other financial incentives for 10
agricultural harvesting equipment, heavy duty trucks, agricultural 11
pump engines, tractors, and other equipment used in agricultural 12
operations; 13
(vi) Grants, loans, or any financial incentives to food 14
processors to implement projects that reduce greenhouse gas 15
emissions; 16
(vii) Renewable energy projects; 17
(viii) Farmworker housing weatherization programs;18
(ix) Dairy digester research and development; 19
(x) Alternative manure management; and 20
(xi) Eligible fund uses under RCW 89.08.615; 21
(g) Programs, activities, or projects that increase energy 22
efficiency in new and existing buildings, or that promote low carbon 23
architecture, including use of newly emerging alternative building 24
materials that result in a lower carbon footprint in the built 25
environment over the life cycle of the building and component 26
building materials; 27
(h) Programs, activities, or projects that promote the 28
electrification and decarbonization of new and existing buildings, 29
including residential, commercial, and industrial buildings;30
(i) Programs, activities, or projects that improve energy 31
efficiency, including district energy, and investments in market 32
transformation of high efficiency electric appliances and equipment 33
for space and water heating; 34
(j) Clean energy transition and assistance programs, activities, 35
or projects that assist affected workers or people with lower incomes 36
during the transition to a clean energy economy, or grow and expand 37
clean manufacturing capacity in communities across Washington state 38
including, but not limited to: 39
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(i) Programs, activities, or projects that directly improve 1
energy affordability and reduce the energy burden of people with 2
lower incomes, as well as the higher transportation fuel burden of 3
rural residents, such as bill assistance, energy efficiency, and 4
weatherization programs; 5
(ii) Community renewable energy projects that allow qualifying 6
participants to own or receive the benefits of those projects at 7
reduced or no cost; 8
(iii) Programs, activities, or other worker-support projects for 9
bargaining unit and nonsupervisory fossil fuel workers who are 10
affected by the transition away from fossil fuels to a clean energy 11
economy. Worker support may include, but is not limited to: (A) Full 12
wage replacement, health benefits, and pension contributions for 13
every worker within five years of retirement; (B) full wage 14
replacement, health benefits, and pension contributions for every 15
worker with at least one year of service for each year of service up 16
to five years of service; (C) wage insurance for up to five years for 17
workers reemployed who have more than five years of service; (D) up 18
to two years of retraining costs, including tuition and related 19
costs, based on in-state community and technical college costs; (E) 20
peer counseling services during transition; (F) employment placement 21
services, prioritizing employment in the clean energy sector; and (G) 22
relocation expenses; 23
(iv) Direct investment in workforce development, via technical 24
education, community college, institutions of higher education, 25
apprenticeships, and other programs including, but not limited to:26
(A) Initiatives to develop a forest health workforce established 27
under RCW 76.04.521; and 28
(B) Initiatives to develop new education programs, emerging 29
fields, or jobs pertaining to the clean energy economy;30
(v) Transportation, municipal service delivery, and technology 31
investments that increase a community's capacity for clean 32
manufacturing, with an emphasis on communities in greatest need of 33
job creation and economic development and potential for commute 34
reduction; 35
(k) Programs, activities, or projects that reduce emissions from 36
landfills and waste-to-energy facilities through diversion of organic 37
materials, methane capture or conversion strategies, installation of 38
gas collection devices and gas control systems, monitoring and 39
reporting of methane emissions, or other means, prioritizing funding 40
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needed for any activities by local governments to comply with chapter 1
70A.540 RCW; 2
(l) Carbon dioxide removal projects, programs, and activities; 3
((and))4
(m) Activities to support efforts to mitigate and adapt to the 5
effects of climate change affecting Indian tribes, including capital 6
investments in support of the relocation of Indian tribes located in 7
areas at heightened risk due to anticipated sea level rise, flooding, 8
or other disturbances caused by climate change. The legislature 9
intends to dedicate at least $50,000,000 per biennium from the 10
account for purposes of this subsection; and11
(n) Implementing the statewide low-income energy assistance 12
program as described in section 3 of this act. 13
(2) Moneys in the account may not be used for projects or 14
activities that would violate tribal treaty rights or result in 15
significant long-term damage to critical habitat or ecological 16
functions. Investments from this account must result in long-term 17
environmental benefits and increased resilience to the impacts of 18
climate change. 19
(3) During the 2023-2025 fiscal biennium, the legislature may 20
appropriate moneys from the climate commitment account for activities 21
related to environmental justice, including implementation of chapter 22
314, Laws of 2021. 23
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