SB 5366 — Preventing utility shutoffs for nonpayment during extreme heat.

The(a) utility,On ina connectionday withwhen, athe requestlocal madeweather pursuantforecast, toas (a)predicted ofby thisthe subsection,national mayweather requireservice, indicates that the residentialweather userin tothe enterarea intoof athe paymentresidential planuser's priorservice toaddress reconnectingwill serviceinclude totemperatures thethat dwelling.exceed 90 degrees Fahrenheit;

If(b) theIf, utilityby requires8 thea.m., residential user to enter into a repayment plan, the repaymentactual planweather mustis comply90 withdegrees subsectionFahrenheit (3)or ofhigher; this section.

(3)or A(c) repaymentOn planany requiredday bypreceding a utilityholiday pursuantor toweekend subsectionwhen (2)(b)a offorecast thisindicates sectionthat will be designed both to pay the pasttemperature duewill billbe by90 thedegrees followingFahrenheit May 15th, or asabove soonduring as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer'sholiday monthlyor income,weekend. and to pay for continued utility service.

The(3) planUpon mayexpiration notof requirethe monthlynational paymentsweather service's forecast that the weather will exceed 90 degrees Fahrenheit, a utility that has reconnected service during extreme heat as provided in excesssubsection (2) of sixthis percentsection ofmay thedisconnect customer'sservice monthlyto income.a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.

Ap. customer may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the customer's monthly income.

If4 assistanceSB payments5366 are(4) receivedOn byan theannual customerbasis, subsequenteach utility company with more than 25,000 electric customers or 2,500 water customers in Washington must submit a report to implementationthe department of thecommerce plan,that includes the customertotal shallnumber contactof disconnections that occurred on each day that exceeded 90 degrees Fahrenheit or higher, or on any day preceding a holiday or weekend when a forecast indicates that the utilitytemperature towill reformulatebe 90 degrees Fahrenheit or above during the plan.holiday or weekend.

(4)Utilities On an annual basis, each city or town, including a code city, that owns or operates an electric or water utility with moreless than 25,000 retail electric customers or 2,500 water customers in Washington must submitprovide asimilar reportinformation toupon therequest departmentby of commerce that includes the totaldepartment. number of disconnections that occurred on each day for which the national weather service issued, or announced that it intended to issue, a heat-related alert.

Utilities(a) withSubject fewerto thanavailability, 25,000each retailutility electriccompany customersmust orprovide 2,500any waterother customersinformation inrelated Washingtonto mustutility providedisconnections similarthat informationis uponrequested request by the department.

(a) Subject to availability, each utility must provide any other information related to utility disconnections that is requested by the department.

p.(1) A district providing utility service for residential space heating shall not terminate such utility service between November 15 through March 15 if the customer:

5 SSB 5366 (1) A district providing utility service for residential space heating shall not terminate such utility service between November 15 through March 15 if the customer:

8624 and shall provide a dollar figure that is ((seven))seven six percent of household income.

(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistancep. received will be applied to the current bill and future utility bills;

5 SB 5366 assistance received will be applied to the current bill and future utility bills;

The plan shall not require monthly payments in excess of ((seven))seven six percent of the customer's monthly income plus one-twelfthone- twelfth of any arrearage accrued from the date application is made and thereafter during November 15 through March 15.

A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than ((seven))seven six percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter.

p.If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan;

6 SSB 5366 If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the utility to reformulate the plan;

Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying ((reconnection charges, if any, and by paying))p. all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected;

6 SB 5366 paying)) all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected;

8624(C)(1)8624 (C)(1) without limiting availability to certain months of the year, without regard to the length of time the customer has occupied the premises, and without regard to whether the customer is the tenant or owner of the premises occupied.

(5) A district providing electric or water utility service to residential customers may not effect, due to lack of payment, an involuntary termination of utility service to any residential users, including tenants of metered apartment buildings and residents of mobile homes:

(a) On a day when, the local weather forecast, as predicted by the national weather service, indicates that the weather in the area of the residential user's service address will include temperatures that exceed 90 degrees Fahrenheit;

(b) If, by 8 a.m., the actual weather is 90 degrees Fahrenheit or higher;

or (c) On any day preceding a holiday or weekend when a forecast indicates that the temperature will be 90 degrees Fahrenheit or above during the holiday or weekend.

(6) A district shall promptly contact affected customers and make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected for lack of payment:

(a) On a day when, the local weather forecast, as predicted by the national weather service, indicates that the weather in the area of the residential user's service address will include temperatures that exceed 90 degrees Fahrenheit;

7 SSBSB 5366 (5)(b) AIf, districtby providing8 electrica.m., or water utility service to residential customers may not effect, due to lack of payment, an involuntary termination of utility service to any residential user, including tenants of metered apartment buildings and residents of mobile homes, on any day for which the nationalactual weather serviceis has90 issueddegrees orFahrenheit has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or ahigher; similar alert, for the area in which the residential user's address is located.

(6)(a)or A(c) residentialOn user at whose dwelling utility service has been disconnected for lack of payment may request that the district reconnect service on any day forpreceding whicha theholiday national weather service has issued or hasweekend announcedwhen that it intends to issue a heat-relatedforecast alert,indicates suchthat asthe antemperature excessivewill heatbe warning,90 adegrees heatFahrenheit advisory, an excessive heat watch, or aabove similarduring alert, for the areaholiday inor whichweekend. the residential user's address is located.

The(7) Upon expiration of the national weather service's forecast that the weather will exceed 90 degrees Fahrenheit, a district shallthat informhas allreconnected customersservice during extreme heat as provided in thesubsection notice(6) of disconnectionthis ofsection themay abilitydisconnect service to seeka reconnectionproperty andthat providewas clearreconnected andduring specificthis informationperiod onwithout howfurther tonotice makeif thatan request,appropriate includingpayment howarrangement tohas contactnot thebeen district.established.

(b)(8) UponOn receiptan ofannual abasis, requesteach madedistrict pursuantwith more than 25,000 electric customers or 2,500 water customers in Washington must submit a report to (a)the department of thiscommerce subsection,that includes the districttotal shallnumber promptlyof makedisconnections that occurred on each day that exceeded 90 degrees Fahrenheit or higher, or on any day preceding a reasonableholiday attemptor toweekend reconnectwhen servicea toforecast indicates that the dwelling.temperature will be 90 degrees Fahrenheit or above during the holiday or weekend.

TheDistricts district, in connection with aless requestthan made25,000 pursuantelectric tocustomers (a)or of2,500 thiswater subsection,customers mayin requireWashington themust residentialprovide usersimilar toinformation enterupon intorequest aby payment plan prior to reconnecting service to the dwelling.department.

If the district requires the residential user to enter into a repayment plan, the repayment plan must comply with subsection (7) of this section.

(7) A repayment plan required by a district pursuant to subsection (6)(b) of this section will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service.

The plan may not require monthly payments in excess of six percent of the customer's monthly income.

A customer may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of the customer's monthly income.

If assistance payments are received by the customer subsequent to implementation of the plan, the customer shall contact the district to reformulate the plan.

p.

8 SSB 5366 (8) On an annual basis, each district with more than 25,000 retail electric customers or 2,500 water customers in Washington must submit a report to the department of commerce that includes the total number of disconnections that occurred on each day for which the national weather service issued, or announced that it intended to issue, a heat-related alert.

Districts with fewer than 25,000 retail electric customers or 2,500 water customers in Washington must provide similar information upon request by the department.

The difference in cost to various customers;p.

8 SB 5366 customers;

Rates shall be established as deemed proper by the commissioners and as fixed by resolution and shall produce revenues sufficient to take care of the costs of maintenance and operation, revenue bond and warrant interest and principal amortization p.requirements, and all other charges necessary for efficient and proper operation of the system.

9 SSB 5366 requirements, and all other charges necessary for efficient and proper operation of the system.

The court may allow, in addition top. the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable.

9 SB 5366 to the costs and disbursements provided by statute, attorneys' fees, title search and report costs, and expenses as it adjudges reasonable.

p.(7) A district may provide a real property owner or the owner's designee with duplicate bills for service to tenants, or may notify an owner or the owner's designee that a tenant's service account is delinquent.

10 SSB 5366 (7) A district may provide a real property owner or the owner's designee with duplicate bills for service to tenants, or may notify an owner or the owner's designee that a tenant's service account is delinquent.

(8) A district providing water utility service to residential customers may not effect, due to lack of payment, an involuntary termination of utility service to any residential user,users, including tenants of metered apartment buildings and residents of mobile homes,homes: on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.

(9)(a)(a) AOn residentiala userday atwhen, whose dwelling utility service has been disconnected for lack of payment may request that the districtlocal reconnectweather serviceforecast, onas anypredicted dayby for which the national weather serviceservice, hasindicates issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the areaweather in which the residentialarea user'sp. address is located.

The10 districtSB shall5366 inform all customers in the notice of disconnection of the abilityresidential touser's seekservice reconnectionaddress andwill provideinclude cleartemperatures and specific information on how to make that request,exceed including90 howdegrees toFahrenheit; contact the district.

p.(b) If, by 8 a.m., the actual weather is 90 degrees Fahrenheit or higher;

11or SSB(c) 5366On (b)any Uponday receiptpreceding of a requestholiday madeor pursuantweekend towhen (a)a offorecast thisindicates subsection,that the districttemperature shallwill promptlybe make90 adegrees reasonableFahrenheit attemptor toabove reconnectduring servicethe toholiday theor dwelling.weekend.

The(9) district,A indistrict connectionshall withpromptly acontact requestaffected madecustomers pursuantand tomake (a)reasonable ofattempts thisto subsection,reconnect maywater requireservice the residential user to enteran intooccupied adwelling paymentthat planhas priorbeen todisconnected reconnectingfor servicelack toof thepayment: dwelling.

If(a) On a day when, the districtlocal requiresweather forecast, as predicted by the residentialnational userweather toservice, enterindicates intothat athe repaymentweather plan,in the repaymentarea planof mustthe complyresidential withuser's subsectionservice (10)address ofwill thisinclude section.temperatures that exceed 90 degrees Fahrenheit;

(10)(b) AIf, repayment plan required by a8 districta.m., pursuant to subsection (9)(b) of this section will be designed both to pay the pastactual dueweather billis by90 thedegrees followingFahrenheit May 15th, or ashigher; soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service.

Theor plan(c) mayOn notany requireday monthlypreceding paymentsa inholiday excessor ofweekend sixwhen percenta offorecast indicates that the customer'stemperature monthlywill income.be 90 degrees Fahrenheit or above during the holiday or weekend.

A(10) customerUpon mayexpiration agreeof tothe paynational weather service's forecast that the weather will exceed 90 degrees Fahrenheit, a higherdistrict percentagethat has reconnected service during extreme heat as provided in subsection (9) of this period,section butmay willdisconnect notservice beto ina defaultproperty unlessthat paymentwas reconnected during this period iswithout lessfurther thannotice sixif percentan ofappropriate thepayment customer'sarrangement monthlyhas income.not been established.

If(11) assistanceOn paymentsan areannual receivedbasis, byeach thedistrict customerwith subsequentmore than 2,500 water customers in Washington must submit a report to implementationthe department of thecommerce plan,that includes the customertotal shallnumber contactof disconnections that occurred on each day that exceeded 90 degrees Fahrenheit or higher, or on any day preceding a holiday or weekend when a forecast indicates that the districttemperature towill reformulatebe 90 degrees Fahrenheit or above during the plan.holiday or weekend.

(11)Utilities On an annual basis, each district with moreless than 2,500 water customers in Washington must submitprovide asimilar reportinformation toupon therequest departmentby of commerce that includes the totaldepartment. number of disconnections that occurred on each day for which the national weather service issued, or announced that it intended to issue, a heat-related alert.

Districts(a) withSubject fewerto thanavailability, 2,500each waterirrigation customersdistrict in Washington must provide similarany other information uponrelated requestto utility disconnections that is requested by the department.

(a) Subject to availability, each district must provide any other information related to utility disconnections that is requested by the department.

Sec.p.

11 SB 5366 Sec.

Reasonable charges necessary to cover the cost of p.administering the collection of voluntary donations for the purposes of supporting the development and implementation of evergreen community management plans and ordinances under RCW 80.28.300 must be deemed as prudent and necessary for the operation of a utility.

12 SSB 5366 administering the collection of voluntary donations for the purposes of supporting the development and implementation of evergreen community management plans and ordinances under RCW 80.28.300 must be deemed as prudent and necessary for the operation of a utility.

8624 and shall provide a dollar figure that is ((seven))seven six percent of household income.

(c) Has applied for home heating assistance from applicable government and private sector organizations and certifies that any assistancep. received will be applied to the current bill and future utility bills;

12 SB 5366 assistance received will be applied to the current bill and future utility bills;

If p.the past due bill is not paid by the following October 15, the customer is not eligible for protections under this chapter until the past due bill is paid.

13The SSBplan 5366may thenot pastrequire duemonthly billpayments isin notexcess paidof byseven percent of the followingcustomer's Octobermonthly 15,income theplus customerone- istwelfth notof eligibleany forarrearage protectionsaccrued underfrom thisthe chapterdate untilapplication theis pastmade dueand billthereafter isduring paid.November 15 through March 15.

TheA plancustomer may notagree requireto monthlypay paymentsa higher percentage during this period, but shall not be in excessdefault ofunless ((seven))payment sixduring percentthis ofperiod theis customer'sless than seven percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafterthereafter. during November 15 through March 15.

A customer may agree to pay a higher percentage during this period, but shall not be in default unless payment during this period is less than ((seven)) six percent of monthly income plus one-twelfth of any arrearage accrued from the date application is made and thereafter.

Customers who qualify for payment plans under this section who default on their payment plans and are disconnected can be reconnected and maintain the protections afforded under this chapter by paying ((reconnection charges, if any, and by paying))p. all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected;

13 SB 5366 paying)) all amounts that would have been due and owing under the terms of the applicable payment plan, absent default, on the date on which service is reconnected;

p.(7) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan.

14 SSB 5366 (7) Every gas company and electrical company shall offer residential customers the option of a budget billing or equal payment plan.

(8) A utility may not effect,involuntarily dueterminate to lack of payment, an involuntary termination of electric or water utility service due to lack of payment to any residential user,users, including tenants of metered apartment buildings and residents of mobile homes,homes: on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.

(9)(a)(a) AOn residentiala userday atwhen whosethe dwellinglocal electricweather orforecast, wateras utilitypredicted serviceby hasthe beennational disconnectedweather forservice, lackindicates of payment may request that the utilityweather reconnectin servicethe onarea anyof day for which the nationalresidential weatheruser's service hasaddress issuedwill orinclude hastemperatures announced that itexceed intends90 todegrees issueFahrenheit; a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the residential user's address is located.

The(b) utilityIf, shallby inform8 alla.m., customers in the noticeactual ofweather disconnectionis of90 thedegrees abilityFahrenheit toor seekhigher; reconnection and provide clear and specific information on how to make that request, including how to contact the utility.

(b)or Upon(c) receiptOn ofany day preceding a requestholiday madeor pursuantweekend towhen (a)a offorecast thisindicates subsection,that the utilitytemperature shallwill promptlybe make90 adegrees reasonableFahrenheit attemptor toabove reconnectduring servicethe toholiday theor dwelling.weekend.

The(9) utility,In inthe connectionevent withthat a requestresidential madeuser pursuanthas tobeen (a)disconnected offor thisnonpayment subsection,and maywould requirebe without service when the residentialtemperature userwill tobe enter90 intodegrees Fahrenheit or higher, a paymentutility planshall priorpromptly contact affected customers and make reasonable attempts to reconnectingreconnect service to thean dwelling.occupied dwelling that has been disconnected.

IfUpon expiration of the utilitynational requiresweather theservice's residentialforecast userthat tothe enterweather intowill aexceed repayment90 plan,degrees Fahrenheit, the repaymentutility planmay mustdisconnect complyservice withto subsectiona (10)property ofthat was reconnected during this section.period without further notice if an appropriate payment arrangement has not been established.

(10) A repayment plan required by a utility pursuant to subsection (9)(b) of this section will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for p.

1514 SSBSB 5366 continued(10) utilityEvery service.gas company, electrical company, wastewater company, and water company shall construct and maintain such facilities in connection with the manufacture and distribution of its product, or provision of its services, as will be efficient and safe to its employees and the public.

The(((9))) plan(11) mayAn notagreement requirebetween monthlythe paymentscustomer inand excessthe ofutility, sixwhether percentoral ofor written, does not waive the customer'sprotections monthlyafforded income.under this chapter.

A(((10))) customer(12) mayIn agreeestablishing torates payor acharges higherfor percentagewater duringservice, thiswater period,companies butas willdefined notin beRCW in80.04.010 defaultmay unlessconsider paymentthe duringachievement thisof periodwater isconservation lessgoals thanand sixthe percentdiscouragement of thewasteful customer'swater monthlyuse income.practices.

If(13) assistanceOn paymentsan areannual receivedbasis, byeach theutility customercompany subsequentmust submit a report to implementationthe ofcommission that includes the plan,total number of disconnections that occurred on each day, specifying whether the customerday shallexceeded contact90 degrees Fahrenheit or higher, was a day preceding a holiday or weekend when a forecast indicates that the utilitytemperature towill reformulatebe 90 degrees Fahrenheit or above during the plan.holiday or weekend, or was between November 15th and March 15th.

(11) Every gas company, electrical company, wastewater company, and water company shall construct and maintain such facilities in connection with the manufacture and distribution of its product, or provision of its services, as will be efficient and safe to its employees and the public.

(((9))) (12) An agreement between the customer and the utility, whether oral or written, does not waive the protections afforded under this chapter.

(((10))) (13) In establishing rates or charges for water service, water companies as defined in RCW 80.04.010 may consider the achievement of water conservation goals and the discouragement of wasteful water use practices.

(14) On an annual basis, each utility must submit a report to the commission that includes the total number of electric or water disconnections that occurred on each day for which the national weather service issued, or announced that it intended to issue, a heat-related alert.

(1) Any irrigation district, operating and maintaining an irrigation system, in addition to other powers conferred by law, shall have authority:

(((1)))(1) (a) To purchase and sell electric power to the inhabitants of the irrigation district for the purposes of irrigation and domestic use;

and, as a further and separate grant of authority and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, lease, operate, improve, repair, and maintain, alone or jointly with other irrigation districts, boards of control, municipal or quasi-municipal corporations or cooperatives authorized to engage p.

1615 SSBSB 5366 and in furtherance of a state purpose and policy of developing hydroelectric capability in connection with irrigation facilities, to construct, finance, acquire, own, lease, operate, improve, repair, and maintain, alone or jointly with other irrigation districts, boards of control, municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that construct or operate electric power generation or transmission facilities, or private commercial or industrial entities that acquire electric power for their own use or resale, hydroelectric facilities including but not limited to dams, canals, plants, transmission lines, other power equipment, and the necessary property and rights therefor, located within or outside the district, for the purpose of utilizing for the generation of electricity, water power made available by and as a part of the irrigation water storage, conveyance, and distribution facilities, waste ways, and drainage water facilities which serve irrigation districts, and to sell any and all the electric energy generated at any such hydroelectric facilities or the irrigation district's share of such energy, to municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that acquire electric power for their own use or resale, or other irrigation districts, and on such terms and conditions as the board of directors shall determine.

No contract entered into under this subsection (1)(a) by the board of directors of any irrigation district for the sale of electrical energy from such hydroelectric facility for a period longer than forty years from the date of commercial operation of such hydroelectric facility shall be binding on the district until ratified by a majority vote of the electors of the district at an election therein, called, held, and canvassed for that purpose in the same manner as that provided by law for district bond elections.

(((2)))(2) (b) To construct, repair, purchase, maintain, or lease a system for the sale or lease of water to the owners of irrigated lands within the district for domestic purposes.

p.(3) To construct, repair, purchase, lease, acquire, operate and maintain a system of drains, sanitary sewers, and sewage disposal or treatment plants as herein provided.

17(4) SSB 5366 (((3))) (c) To construct,assume, repair,as purchase,principal lease,or acquire,guarantor, operateany andindebtedness maintainto athe systemUnited ofStates drains,under sanitarythe sewers,federal andreclamation sewagelaws, disposalon oraccount treatmentof plantsdistrict aslands. herein provided.

(((4)))(5) (d) To assume,maintain, asrepair, principalconstruct, orand guarantor,reconstruct anyditches, indebtednesslaterals, topipe thelines, Unitedand Statesother underwater theconduits federalused reclamationor laws,to onbe accountused ofin districtp. lands.

(((5)))16 (e)SB To5366 maintain, repair, construct, and reconstruct ditches, laterals, pipe lines, and other water conduits used or to be used in carrying water for irrigation of lands located within the boundaries of a city or town, or for the domestic use of the residents of a city or town where the owners of land within such city or town shall use such works to carry water to the boundaries of such city or town for irrigation, domestic, or other purposes within such city or town, and to charge to such city or town the pro rata proportion of the cost of such maintenance, repair, construction, and reconstruction work in proportion to the benefits received by the lands served and located within the boundaries of such city or town, and if such cost is not paid, then and in that event said irrigation district shall have the right to prevent further water deliveries through such works to the lands located within the boundaries of such city or town until such charges have been paid.

(((6)))(6) (f) To acquire, install, and maintain as a part of the irrigation district's water system the necessary water mains and fire hydrants to make water available for firefighting purposes;

(((7)))(7) (g) To enter into contracts with other irrigation districts, boards of control, municipal or quasi-municipal corporations or cooperatives authorized to engage in the business of distributing electricity, electrical companies subject to the jurisdiction of the utilities and transportation commission, private commercial or industrial entities that construct or operate electric power generation or transmission facilities, or private commercial or industrial entities that acquire electric power for their own use or resale, to jointly finance, acquire, lease, construct, own, operate, improve, repair, and maintain irrigation water, domestic water, drainage and sewerage works, and electrical power works to the same extent as authorized by (a) of this subsection (((1)(1) of this section)),section, or portions of such works.

If an irrigation district enters into a contract or agreement under this subsection (1)(g) to p.create a legal entity or undertaking with an investor-owned utility or a private commercial or industrial entity, that contract or agreement must provide that the irrigation district be severally liable only for its own acts and not jointly or severally liable for the acts, omissions, or obligations of an investor-owned utility or a private commercial or industrial entity.

18No SSBmoney 5366 create a legal entity or undertakingproperty withsupplied anby investor-ownedany utility or a private commercial or industrial entity, that contract or agreement must provide that the irrigation district be severally liable only for itsthe ownplanning, actsfinancing, andacquisition, notconstruction, jointlyoperation, or severallymaintenance liable for the acts, omissions, or obligations of anany investor-ownedcommon utilityfacility ormay abe privatecredited commercial or industrialotherwise entity.p.

No17 moneySB or5366 property supplied by any irrigation district for the planning, financing, acquisition, construction, operation, or maintenance of any common facility may be credited or otherwise applied to the account of any investor-owned utility or private commercial or industrial entity therein, nor may the undivided share of any irrigation district in any common facility be charged, directly or indirectly, with any debt or obligation of any investor-ownedinvestor- owned utility or private commercial or industrial entity or be subject to any lien as a result thereof.

(((8)))(8) (h) To acquire from a water-sewer district wholly within the irrigation district's boundaries, by a conveyance without cost, the water-sewer district's water system and to operate the same to provide water for the domestic use of the irrigation district residents.

(((9)))(9) (i) To approve and condition placement of hydroelectric generation facilities by entities other than the district on water conveyance facilities operated or maintained by the district.

(2)(10) An irrigation district providing electric or water utility service to residential customers may not effect, due to lack of payment, an involuntary termination of utility service to any residential users, including tenants of metered apartment buildings and residents of mobile homes,homes: on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat p.

19(a) SSBOn 5366a advisory,day anwhen, excessivethe heatlocal watch,weather orforecast, aas similarpredicted alert,by forthe national weather service, indicates that the areaweather in whichthe area of the residential user's service address iswill located.include temperatures that exceed 90 degrees Fahrenheit;

(a)(i)(b) AIf, residentialby user8 ata.m., whose dwelling electric or water utility service has been disconnected for lack of payment may request that the irrigationactual district reconnect service on any day for which the national weather serviceis has90 issueddegrees orFahrenheit has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or ahigher; similar alert, for the area in which the residential user's address is located.

Theor irrigation(c) districtOn shallany informday allpreceding customersa inholiday theor noticeweekend ofwhen disconnectiona offorecast theindicates abilitythat tothe seektemperature reconnectionwill andbe provide90 cleardegrees andFahrenheit specificor informationabove onduring how to make that request, including how to contact the irrigationholiday district.or weekend.

(ii)(11) UponAn receipt of a request made pursuant to (a)(i) of this subsection, the irrigation district shall promptly makecontact aaffected customers and make reasonable attemptattempts to reconnect serviceelectric toor thewater dwelling.p.

The18 irrigationSB district,5366 inservice connection with a request made pursuant to (a)(i)an ofoccupied thisdwelling subsection,that mayhas requirebeen thedisconnected residentialfor userlack toof enterpayment: into a payment plan prior to reconnecting service to the dwelling.

If(a) On a day when, the irrigationlocal districtweather requiresforecast, as predicted by the residentialnational userweather toservice, enterindicates intothat athe repaymentweather plan,in the repaymentarea planof mustthe complyresidential withuser's (b)service ofaddress thiswill subsection.include temperatures that exceed 90 degrees Fahrenheit;

(b) AIf, repayment plan required by an8 irrigationa.m., district pursuant to (a)(ii) of this subsection will be designed both to pay the pastactual dueweather billis by90 thedegrees followingFahrenheit May 15th, or ashigher; soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the customer's monthly income, and to pay for continued utility service.

Theor plan(c) mayOn notany requireday monthlypreceding paymentsa inholiday excessor ofweekend sixwhen percenta offorecast indicates that the customer'stemperature monthlywill income.be 90 degrees Fahrenheit or above during the holiday or weekend.

A(12) customerUpon mayexpiration agreeof tothe paynational aweather higherservice's percentageforecast that the weather will exceed 90 degrees Fahrenheit, an irrigation district that has reconnected service during extreme heat as provided in subsection (11) of this period,section butmay willdisconnect notservice beto ina defaultproperty unlessthat paymentwas reconnected during this period iswithout lessfurther thannotice sixif percentan ofappropriate thepayment customer'sarrangement monthlyhas income.not been established.

If(13) assistanceOn paymentsan areannual receivedbasis, byeach theirrigation customerdistrict subsequentwith more than 25,000 electric customers or 2,500 water customers in Washington must submit a report to implementationthe department of thecommerce plan,that includes the customertotal shallnumber contactof disconnections that occurred on each day that exceeded 90 degrees Fahrenheit or higher, or on any day preceding a holiday or weekend when a forecast indicates that the irrigationtemperature districtwill tobe reformulate90 degrees Fahrenheit or above during the plan.holiday or weekend.

(c)Utilities On an annual basis, each irrigation district with moreless than 25,000 retail electric customers or 2,500 water customers in Washington must submitprovide asimilar reportinformation toupon therequest departmentby of commerce that includes the totaldepartment. number of disconnections that occurred on each day for which the national weather service issued, or announced that it p.

20(a) SSBSubject 5366to intendedavailability, each irrigation district must provide any other information related to issue,utility adisconnections heat-relatedthat alert.is requested by the department.

Irrigation(b) districtsThe withinformation fewerrequired thanin 25,000this retailsubsection electricmust customersbe orsubmitted 2,500 water customers in Washingtona mustform, providetimeline, similarand informationmanner uponas requestprescribed by the department.

(i)This Subjectsection toshall availability,not eachbe irrigationconstrued districtas mustin provide any othermanner informationabridging relatedany toother utilitypowers disconnectionsof thatan isirrigation requesteddistrict conferred by thelaw. department.

(ii) The information required in this subsection (2)(c) must be submitted in a form, timeline, and manner as prescribed by the department.

(3) This section shall not be construed as in any manner abridging any other powers of an irrigation district conferred by law.

(1)p. Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant;

19 SB 5366 (1) Maintain the premises to substantially comply with any applicable code, statute, ordinance, or regulation governing their maintenance or operation, which the legislative body enacting the applicable code, statute, ordinance or regulation could enforce as to the premises rented if such condition endangers or impairs the health or safety of the tenant;

p.(6) Provide reasonably adequate locks and furnish keys to the tenant;

21 SSB 5366 (6) Provide reasonably adequate locks and furnish keys to the tenant;

(a) TheLandlords landlord may not effect an involuntary termination of electric utility or water service due to lack of payment to any tenantresidential ontenants: any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located.

(b)(i) A tenant at whose dwelling electric or water utility service has been disconnected for lack of payment may request that the landlord reconnect service on any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located.

The landlord shall inform all tenants in the notice of disconnection of the ability to seek reconnection and provide clear and specific information on how to make that request, including how to contact the landlord.

(ii) Upon receipt of a request made pursuant to (b)(i) of this subsection, the landlord shall promptly make a reasonable attempt to reconnect service to the dwelling.

The landlord, in connection with a request made pursuant to (b)(i) of this subsection, may require the tenant to enter into a payment plan prior to reconnecting service to the dwelling.

If the landlord requires the tenant to enter into a repayment plan, the repayment plan must comply with (c) of this subsection.

2220 SSBSB 5366 (c)(i) AOn repayment plan required by a landlordday pursuantwhen, tothe (b)(i)local ofweather thisforecast, subsectionas willpredicted be designed both to pay the past due bill by the followingnational Mayweather 15th,service, orindicates as soon as possible after May 15th if needed to maintain monthly payments that arethe noweather greaterin thanthe sixarea percent of the residential tenant's monthlyservice income,address andwill toinclude paytemperatures forthat continuedexceed utility90 service.degrees Fahrenheit;

The(ii) planIf, mayby not8 requirea.m., monthlythe paymentsactual inweather excessis of90 sixdegrees percentFahrenheit ofor thehigher; tenant's monthly income.

Aor tenant(iii) mayOn agreeany today paypreceding a higherholiday percentageor duringweekend thiswhen period,a butforecast willindicates notthat bethe intemperature defaultwill unlessbe payment90 duringdegrees thisFahrenheit periodor isabove lessduring than six percent of the tenant'sholiday monthlyor income.weekend.

If(b) assistanceIn paymentsthe areevent receivedthat bya theresidential tenant subsequenthas tobeen implementationdisconnected offor nonpayment and would be without service when the plan,temperature will be 90 degrees Fahrenheit or higher, the tenantlandlord shall promptly contact theaffected landlordtenants and make reasonable attempts to reformulatereconnect theservice plan.to an occupied dwelling that has been disconnected.

Upon expiration of the national weather service's forecast that the weather will exceed 90 degrees Fahrenheit, the landlord may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established;

(vi)p. Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants;

21 SB 5366 (vi) Whether the building has an emergency relocation plan for the occupants and, if so, provide a copy to the occupants;

The p.checklist shall include a diagram showing the emergency evacuation routes for the occupants.

23 SSB 5366 checklist shall include a diagram showing the emergency evacuation routes for the occupants.

If the person designated in this section does not reside in the state where the premises are located, there shall also be designated a person who resides in the county who is authorized to act as an agent for the purposes of servicep. of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.

22 SB 5366 service of notices and process, and if no designation is made of a person to act as agent, then the person to whom rental payments are to be made shall be considered such agent.

p.Any summons or process served out-of-state must contain the same information and be served in the same manner as personal service of summons or process served within the state, except the summons or process must require the party to appear and answer within ((sixty)) 60 days after such personal service out of the state.

24 SSB 5366 Any summons or process served out-of-state must contain the same information and be served in the same manner as personal service of summons or process served within the state, except the summons or process must require the party to appear and answer within ((sixty)) 60 days after such personal service out of the state.

In addition, ap. landlord shall not require the removal of the mobile home, manufactured home, or park model from the park because of the sale thereof.

23 SB 5366 a landlord shall not require the removal of the mobile home, manufactured home, or park model from the park because of the sale thereof.

Nothing in this subsection prohibits a landlord from enforcing reasonable rules or restrictions regarding the placement of "for sale" signs on the tenant's manufactured/mobile home or park model, or on the rented mobile home lot, if (a) the main purpose of the rules or restrictions is to protect the safety of park tenants or p.residents and (b) the rules or restrictions comply with RCW 59.20.045.

25 SSB 5366 residents and (b) the rules or restrictions comply with RCW 59.20.045.

(5) Evict a tenant, terminate a rental agreement, decline to renew a rental agreement, increase rental or other tenant obligations, decrease services, or modify park rules in retaliation forp. any of the following actions on the part of a tenant taken in good faith:

24 SB 5366 for any of the following actions on the part of a tenant taken in good faith:

p.(d) Participation or membership in any homeowners association or group;

26 SSB 5366 (d) Participation or membership in any homeowners association or group;

(7)(a) Effect an involuntary termination of electric utility or water service due to lack of payment to any tenantresidential ontenant: any day for which the national weather service has issued or has announced that it intends to issue a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located.

(b)(i)(i) AOn tenanta atday whosewhen, dwellingthe electriclocal orweather waterforecast, utilityas servicepredicted hasby beenthe disconnectednational forweather lackservice, ofindicates payment may request that the landlordweather reconnectin servicethe onarea anyof day for which the nationalresidential weathertenant's service hasaddress issuedwill orinclude hastemperatures announced that itexceed intends90 todegrees issueFahrenheit; a heat-related alert, such as an excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area in which the tenant's address is located.

The(ii) landlordIf, shallby inform8 alla.m., tenants in the noticeactual ofweather disconnectionis of90 thedegrees abilityFahrenheit toor seekhigher; reconnection and provide clear and specific information on how to make that request, including how to contact the landlord.

(ii)or Upon(iii) receiptOn ofany day preceding a requestholiday madeor pursuantweekend towhen (b)(i)a offorecast thisindicates subsection,that the landlordtemperature shallwill promptlybe make90 adegrees reasonableFahrenheit attemptor toabove reconnectduring servicethe toholiday theor dwelling.weekend.

The(b) landlord,In inthe connectionevent withthat a requestresidential madetenant pursuanthas tobeen (b)(i)disconnected offor thisnonpayment subsection,and maywould requirebe without service when the tenanttemperature towill enterbe into90 adegrees paymentFahrenheit planor priorhigher, the landlord shall promptly contact affected tenants and make reasonable attempts to reconnectingreconnect service to thean dwelling.occupied dwelling that has been disconnected.

IfUpon expiration of the landlordnational requiresweather service's forecast that the tenantweather towill enterexceed into90 adegrees repaymentFahrenheit, plan,the landlord may disconnect service to the repaymentmobile planhome mustlot complythat withwas (c)reconnected ofduring this subsection.period without further notice if an appropriate payment arrangement has not been established.

(c) A repayment plan required by a landlord pursuant to (b)(ii) of this subsection will be designed both to pay the past due bill by the following May 15th, or as soon as possible after May 15th if needed to maintain monthly payments that are no greater than six percent of the tenant's monthly income, and to pay for continued utility service.

The plan may not require monthly payments in excess of six percent of the tenant's monthly income.

A tenant may agree to pay a higher percentage during this period, but will not be in default unless payment during this period is less than six percent of p.

27 SSB 5366 the tenant's monthly income.

If assistance payments are received by the tenant subsequent to implementation of the plan, the tenant shall contact the landlord to reformulate the plan.

or (((8)))p. (9) Prevent the entry or require the removal of a mobile home, manufactured home, or park model for the sole reason that the mobile home has reached a certain age.

25 SB 5366 (((8))) (9) Prevent the entry or require the removal of a mobile home, manufactured home, or park model for the sole reason that the mobile home has reached a certain age.

NEW SECTION.

Sec.

10.

A new section is added to chapter 70A.125 RCW to read as follows:

(1) There is created a civil cause of action for any city or town, including a code city, water district, or water company in accordance with chapter 35.13A RCW for involuntary termination for nonpayment of water service to any residential users, including tenants of metered apartment buildings and residents of mobile homes:

(a) On a day when, the local weather forecast, as predicted by the national weather service, indicates that the weather in the area of the customer's service address will include temperatures that exceed 90 degrees Fahrenheit;

(b) If, by 8 a.m., the actual weather is 90 degrees Fahrenheit or higher;

or (c) On any day preceding a holiday or weekend when a forecast indicates that the temperature will be 90 degrees Fahrenheit or above during the holiday or weekend.

(2) A water provider shall promptly contact affected customers and make reasonable attempts to reconnect service to an occupied dwelling that has been disconnected for lack of payment and would be without service when the temperature will be 90 degrees Fahrenheit or higher.

(3) Upon expiration of the national weather service's forecast that the weather will exceed 90 degrees Fahrenheit, a utility that has reconnected service during extreme heat as provided in subsection (2) of this section may disconnect service to a property that was reconnected during this period without further notice if an appropriate payment arrangement has not been established.

(4) A person who is subject to involuntary termination of their residential water service for nonpayment under these weather conditions may file an action in superior court for recovery of p.

26 SB 5366 damages and the costs of the suit, including reasonable investigative and attorneys' fees and costs.

(5) Upon finding a violation of this section, in addition to the remedies described in this section, individuals can seek an amount not to exceed $1,000 per violation per day or actual damages, whichever is greater, injunctive relief, reasonable attorneys' fees, and any other relief that the court determines appropriate.

2827 SSBSB 5366