LOCALIZE IT: Many states have protections from utility shutoffs in extreme heat. Does yours?
By CORA LEWIS
Associated Press
NEW YORK (AP) — EDITORS/NEWS DIRECTORS:
As the cost of electricity outpaces inflation, and as summers grow deadlier, consumer advocates are sounding alarms about the risks to low-income people who can’t afford consistent air conditioning in dangerous temperatures.
While about half of U.S. states offer protections from utility shutoffs during extreme heat, many do not. In contrast, 41 states have “cold weather rules,” which forbid utility companies from shutting off household heat during extreme cold. The Low Income Home Energy Assistance Program (LIHEAP) also provides funds for vulnerable groups who have trouble affording heating bills in the winter, but the program has less funding available to meet consumers’ increasing needs in the summer months.
Recent studies show that extreme heat in the summer is now the leading cause of weather-related deaths, according to the U.S. Environmental Protection Agency (EPA).
In 2023, the death certificates of more than 2,300 people who died in the summer mention the effects of excessive heat, the highest number in 45 years of records, according to an Associated Press analysis of Centers for Disease Control and Prevention data. And that figure is only a fraction of the real death toll, according to coroner, hospital, and ambulance records, also analyzed by the AP.
Nationally, the cost of electricity has risen at twice the pace of the average cost of living, exacerbating the problem.
According to the National Energy Assistance Directors Association (NEADA), which represents state program managers of LIHEAP, almost 20% of very low-income families lack consistent access to cooling. Currently, 26 states and the District of Columbia offer assistance with summer energy bills, while 21 states plus D.C. have policies protecting low-income families from utility disconnections during summer months.
Still, most LIHEAP resources are used for heating in the winter, leaving little support for households seeking cooling, experts say.
___
READ AP’S STORY
As summers grow deadlier, here’s what to know about utility shutoffs
___
FIND YOUR STATE: WEATHER PROTECTIONS
While some states forbid shut-offs during certain months of the year, others base the protections on the temperature of a given day or the presence of a heat advisory.
We have included below details on the 21 states plus D.C. that have policies protecting low-income families from utility disconnections during summer months.
This LIHEAP site has a break-down of every state’s policies.
— — —
ARIZONA
Arizona has temperature-based protections at 95 F and above, as well as date-based protection from June 1 to October 15. To learn more about its rules, consult the Arizona Residential Utility Consumer Office Disconnection Rules.
ARKANSAS
Arkansas has temperature-based protections at 95 F and above, but no date-based protection linked to the calendar months. Other resources for Arkansas include the rules of Arkansas Suspension of Service and Arkansas Law Help – Utility Suspensions.
CALIFORNIA
California has temperature-based protections at 100 F and above, but no date-based protection. You can refer to the following source on its rules: CPUC Decision 20-06-003
COLORADO
Colorado has temperature-based protections at 95 F and above, but no date-based protection.
DELAWARE
Delaware has temperature-based protections at 95 F and above, and date-based protection from June 30 to September 30. Refer to the state’s Regulations of Termination of Service During Extreme Conditions.
DISTRICT OF COLUMBIA
Washington has temperature-based protections at 95 F and above, but no date-based protection. Refer to the DOC Procedures, Utility Resources, and Disconnection Regulations
GEORGIA
Georgia forbids utility disconnections when a heat advisory or excessive heat warning from the National Weather Service is in effect, as well as in the “summer months,” according to the Electric DisconnectionsState Rules and Regulations.
ILLINOIS
Illinois has temperature-based protections at 95 F and above as well as in the “summer” with no specific dates indicated, according to the Disconnection of Service Code and the Illinois Public Utilities Act.
LOUISIANA
Louisiana forbids the shut-off of utilities when the national weather service issues a heat warning in the summer, according to two relevant general orders: General Order (1) and General Order (2).
MARYLAND
Maryland has temperature-based protections at 95 F and above, but no date-based protection according to its Restrictions on Terminations and public information from its utility commission.
MINNESOTA
Minnesota forbids utility disconnections in any county when an excessive heat watch, heat advisory, or excessive heat warning issued by the National Weather Service is in effect, according to Minnesota Statutes – 216B.0975 on Disconnection During Extreme Heat Conditions
MISSISSIPPI
Mississippi forbids electric utility disconnection when there’s an excessive heat warning in effect according to the PSC Bill of Rights.
MISSOURI
Missouri forbids the shut-off of utilities when the temperature is 95 F and above or the heat index is 105 F and above according to its local Hot Weather Law.
NEVADA
Nevada has some temperature-based protections. The temperatures at which service cannot be disconnected depend on the region within the state and if the customer is elderly or disabled, according to the Consumer Bill of Rights and local law NAC 704.375.
NEW JERSEY
New Jersey forbids the shut-off of utilities at 90 F or above according to the NJ Admin Code 14:3-3A..2 – Discontinuance for nonpayment.
OKLAHOMA
Oklahoma forbids the disconnection of service when the weather is forecast to be over 101 F according to the state Electric Utility Rules.
OREGON
Oregon forbids disconnections on any day a local heat advisory is issued by the applicable weather reporting service according to Oregon Administrative Rule 860-021-0407.
RHODE ISLAND
Rhode Island forbids disconnects during a heat advisory or excessive heat warning according to the Public Utilities Commission Consumer Protection and stated Shut Off Protections.
TEXAS
Texas forbids disconnects when a heat advisory is in effect or has been in effect within the last 2 days according to the Texas Public Utilities Commission.
VIRGINIA
Virginia forbids disconnects when the temperature is 92 F and above according to the Code of Virginia – §56-245.1:3. Disconnection suspension for utilities.
WASHINGTON
Washington forbids disconnects when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect, according to local law RCW 54.16.285 – Limitations on termination of utility service.
WISCONSIN
Wisconsin forbids disconnects when a heat advisory, heat warning, or heat emergency issued by the national weather service is in effect according to its Service Rules for Electrical Utilities.
___
CONSIDER THESE REPORTING THREADS
— Does your utility company offer discount rates or percentage-of-income payment plans to help with electricity bills? Currently 26 states and the District of Columbia offer assistance with summer energy bills. That’s through the Low Income Home Energy Assistance Program. Both commission and utility websites have specific information about how to access LIHEAP assistance and whether or not the utility company itself offers assistance. If no discounts or payment plans are offered, is the commission considering them? What do local and state elected officials say?
— State attorney general’s offices also have public utility bureaus that advocate on behalf of consumers. Contact them and ask how this summer’s and recent warm seasons have been.
— State utility commissions, which regulate public utilities, dictate local rules. To find your relevant commission, consult the government site operated by the national association of regulatory commissions, which has a state-by-state look-up tool.
— Understand whether your state protections are calendar- or temperature-based, which can make a difference in planning. As the pattern of extreme heat and seasons change, are calendar based protections enough for your area? Are the current temperature-based protections sufficient, given the area’s changing climate? Get perspectives from the commission and LIHEAP case managers.
___
The Associated Press receives support from Charles Schwab Foundation for educational and explanatory reporting to improve financial literacy. The independent foundation is separate from Charles Schwab and Co. Inc. The AP is solely responsible for its journalism.
___
Localize It is a resource produced regularly by The Associated Press for its customers’ use. Questions can be directed to the Local News Success team at localizeit@ap.org.
