H. B. 2877


(By Delegates Perdue, R. Thompson and Kominar)



[Introduced February 5, 2003; referred to the

Committee on the Judiciary.]




A BILL to amend article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new section, designated section nine, relating to prohibiting termination or refusal of reinstatement of electric or gas service during certain months.

Be it enacted by the Legislature of West Virginia:
That article three, chapter twenty-four of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section nine, to read as follows:
ARTICLE 3. DUTIES AND PRIVILEGES OF PUBLIC UTILITIES SUBJECT TO REGULATIONS OF COMMISSION.

§24-3-9. Seasonal termination protection.

(a) From the first day of November through the fifteenth day of April, no electric company, electric distribution company, electric supplier or municipal utility furnishing electricity may terminate or refuse to reinstate residential electric service in hardship cases where the customer lacks the financial resources to pay his or her entire account.
(b) From the first day of November through the fifteenth day of April, no gas company and no municipal utility furnishing gas may terminate or refuse to reinstate residential gas service in hardship cases where the customer uses such gas for heat and lacks the financial resources to pay his or her entire account.
(c) Notwithstanding any other provision of law to the contrary, no electric company, electric distribution company, gas company, electric supplier or municipal utility furnishing electricity or gas may terminate or refuse to reinstate residential electric or gas service where the customer lacks the financial resources to pay his or her entire account and for which customer or a member of the customer's household the termination or failure to reinstate such service would create a life-threatening situation.



NOTE: The purpose of this bill is to prohibit shutting off electric or gas service from November 1st through April 15th.

This section is new; therefore, strike-throughs and underscoring have been omitted.