Bill
SB 5366
SB 5366 bans involuntary electric shutoffs for nonpayment on extreme-heat days, lets customers reconnect and set income-based repayment plans, with utility reporting.
Status and context
- Bill number: SB 5366 (68th Legislature, 2023 Regular Session). Introduced Jan 13, 2023; substitute reported out of the Senate Environment, Energy & Technology (ENET) Committee (2/10/23); Rules "X" file 3/10/23. By resolution reintroduced and retained in present status on 2024‑01‑08. (A different 2025 bill bearing the same number concerns sentencing and is unrelated.)
- Sponsor(s): Senators Nguyen, Cleveland, Dhingra, Hasegawa, Hunt, Kuderer, Liias, Lovelett, Randall, Saldaña, Stanford, Valdez, C. Wilson; requested by the Attorney General.
Purpose
- To protect residents from loss of essential utility service during episodes of extreme heat by restricting involuntary shutoffs for nonpayment and requiring reconnection procedures, payment-plan protections, and reporting by utilities.
Key provisions (aggregate from bill versions)
- Prohibition on shutoffs during extreme heat:
- Locally regulated electric utilities (and municipal electric and, in some provisions, water utilities) may not involuntarily terminate residential service for nonpayment on days of extreme heat. Two alternative triggers appear in different versions:
- When the National Weather Service (NWS) issues (or announces intent to issue) a heat-related alert (e.g., excessive heat warning, heat advisory, excessive heat watch), OR
- When a local NWS forecast predicts temperatures exceed 90°F in the service area, or actual temperature is 90°F or higher by 8:00 a.m., and on days preceding a holiday/weekend when forecasts predict ≥90°F.
- Reconnection rights and procedures:
- A disconnected residential user may request reconnection during qualifying extreme‑heat days.
- Utilities must inform customers in disconnection notices about the right to seek reconnection and how to request it, and must make reasonable, prompt attempts to reconnect occupied dwellings.
- Utilities may require a repayment plan as a condition of reconnection; where specified, such plans must be designed to pay past due balances by the following May 15 (or as soon as feasible thereafter) and must not require monthly payments exceeding 6% of the customer’s monthly income (customers may agree to pay more voluntarily).
- After the extreme-heat forecast expires, utilities that reconnected service may disconnect again without further notice if no appropriate payment arrangement exists.
- Reporting and data:
- Utilities with more than 25,000 Washington customers must annually report to the Department of Commerce the total number of disconnections on each qualifying extreme‑heat day (smaller utilities must provide similar information on request). The Department prescribes form, timeline, and manner.
Who is affected
- Residential electric customers (explicitly including tenants of metered apartment buildings and residents of mobile homes).
- Locally regulated utilities (per RCW definitions) and municipal utilities (cities/towns) that own or operate electric — and in some municipal provisions, water — utilities.
- Department of Commerce (data collection and reporting oversight).
Procedural/timeline notes
- Original 2023 bill advanced out of committee with a substitute; however, it did not become law and has been carried over/reintroduced in subsequent sessions by resolution and retained in present status.
- Different text variants exist across substitute versions (NWS alerts vs. 90°F threshold; inclusion of May 15 repayment deadline and 6% income cap appears in the substitute that referenced payment-plan limits).
Potential impacts and considerations
- Public health: reduces risk of heat‑related illness by preserving cooling/refrigeration capability for vulnerable residents during heat events.
- Utilities: may face short‑term increases in unpaid balances and operational costs for reconnections; reporting requirements increase administrative obligations.
- Customers: offers reconnection options and repayment-plan protections (including a cap tied to income in one version), but still requires establishing payment arrangements to avoid post-event disconnection.
Note: Multiple versions of SB 5366 exist across sessions with some differing thresholds and mechanics. This summary reflects the principal provisions and differences found in the 2023 substitute and Senate versions.
Compiled from official sources — confirm details with the bill’s official record.
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