New political target: Extreme heat is making residential power cutoffs by utilities a matter of life and death.

• Each year, around three million U.S. utility customers experience power disconnections, a topic that is gaining increased political attention due to the impact of heat waves and climate change.
• On July 1, Virginia enacts heat-related protections for consumers, but advocates argue that the measures are insufficient.
• A Virginia state senator claims that extreme heat is causing deaths.

In Virginia, customers struggling with high temperatures and falling behind on utility bills will have additional options to keep their air conditioners running starting in July. This is because Virginia is joining a growing number of states that protect disconnects during extreme heat. While such protections have been in place for cold weather for many years, advocates argue that more needs to be done to shield customers from having their utilities cut as global temperatures continue to rise.

Virginia State Senator Lashrecse Aird, (D-Petersburg), who backed the state's new utility bills law, stated that her support for the legislation stemmed from her own experience of having utilities disconnected when she was younger. "It was an unpleasant experience," Aird said. "And I still carry that with me."

Now, she says, the stakes are higher.

"We must take into account the extreme heat that is becoming more frequent outside of the typical months, as climate change and rising temperatures continue to impact our planet," Aird stated. "If we fail to address these issues, we must be proactive and intentional in our actions," she emphasized. "This includes implementing protective laws to safeguard our communities from the devastating effects of heat crises and heat emergencies. The future is clear: our country and the world are facing a heat crisis, and we must act now to prevent further damage."

The Virginia law, which Aird stated the utilities "fought tooth and nail," prohibits disconnections when the temperature exceeds 92 degrees. Additionally, the bill prohibits power companies from performing utility shutoffs on Fridays, holidays, state holidays, or days immediately preceding a state holiday. Such shutoffs could leave someone without power for an extended period while the utility's customer service office is closed.

""We discovered that they didn't want the state to specify their reconnection process, as everyone has a unique administrative structure," Aird stated."

A grim national outlook for power protections

According to David Konisky, a professor in the environmental studies department at Indiana University and director of the Energy Justice Lab, climate change is prompting a new discussion about the lack of consumer protections from utility company disconnects in many states.

The Energy Justice Lab has developed a "Disconnect Dashboard" that displays utility disconnect data in each state, as well as any existing shutoff-shielding legislation. The dashboard also includes forecasts of excessive heat days and their impact on protections that exist or do not exist, taking into account climate change. According to Konisky, the outlook is grim, with nearly three million people annually having their electricity shut off due to inability to pay monthly bills.

Two perspectives exist on the matter: the temperature's heat level today and the danger of not cooling off at night. When there are prolonged warm nights, people struggle to cool down, increasing the risk of heat exhaustion. Konisky emphasized that the absence of cooling, such as air conditioning, intensifies this issue.

Utility customers must work with the laws instead of being cut off, according to Konisky. While legislation like Virginia's is welcome, it is often limited to state-regulated power companies or has subjective or ambiguous disconnection criteria.

During stay-at-home mandates, many states required power to remain on due to Covid-19, but most of these orders have been lifted. According to the Energy Justice Lab, 40 states have statutory-based utility disconnection protections that cover specific times of year and vulnerable populations.

In 2021, 29 states had seasonal protections and 23 had temperature-based disconnection protections, but research by Konisky shows that these do not completely prevent disconnections, requiring customers to prove eligibility for an exemption, such as medical need. Most states (46), including Washington D.C., offer customers the option to set up a payment plan instead of disconnection, though interest may be high and income-based repayment is not typically available.

"Konisky suggested that energy affordability could be improved by implementing creative rate-making and payment structures, rather than shutting off customers. He emphasized the need for more aggressive payment plans and access to energy assistance to help customers avoid the negative consequences of shutoffs."

According to his research, power companies disconnect a significant number of customers during warm weather. For example, Indiana customers experienced 50,000 disconnects between June and August 2023. "This is particularly concerning in states where we would not have historically expected disconnects to occur during the summer," Konisky said.

Heat dome conditions hit more states

Oregon, historically known for its temperate climate with mild winters and cool summers, is now experiencing 90-degree days this week, causing residents to brace for the heat.

Tuck stated that we had never heard the term "heat dome," which has now evolved into a new term for a heat wave.

As climate change progresses, we are experiencing increasingly hot summers and heat domes, with one particularly intense summer resulting in deaths. In 2021, Portland reached a record-breaking 117 degrees during a heatwave. On the other hand, Tuck noted that Oregon is experiencing longer, colder winters. While Oregon has laws to protect utility customers during cold snaps, there are no similar protections during heat waves. Tuck emphasized that the challenge lies in the commodification of life-sustaining requirements, such as power, air-conditioning, and lighting, in a first-world development country.

Tuck advises that helping with utilities is a cost-effective way to prevent homelessness, especially in rental properties where power cuts can lead to evictions. He also notes that Oregon's weather can make it difficult for power companies to regulate themselves, leading to imminent power disconnects.

"We need legislation,"  Tuck said.

In Ohio, low-income individuals are disproportionately affected by disconnects, and those already struggling to pay their utility bills may be charged a "reconnect fee" or a deposit after a cutoff. The utility may require a deposit of up to one month's estimated charges plus 30%.

The difficulty of negotiating with power companies and securing funds for those in need who are days away from having their power disconnected can be a challenge for pastors like Felix Russo of the New Life Mission in Hamilton, Ohio.

Utilities say electricity cutoffs 'a last resort'

Power companies maintain that disconnections are a final option and that extra laws and regulations aren't necessary.

Aaron Ruby, manager of media relations for Dominion Energy, stated that disconnecting customers for non-payment is the last resort, as customers may face financial difficulties throughout the year. Dominion Energy offers various bill payment assistance options to help customers avoid disconnections, such as budget billing, extended payment plans, EnergyShare bill payment assistance, and home weatherization programs. The EnergyShare program provides up to $600 in heating assistance and $300 in cooling assistance for eligible customers annually.

Ruby stated that Dominion Energy has already begun adhering to the new law, alleviating concerns that they would precipitate a wave of disconnections prior to July 1.

"Ruby announced that nonpayment-related disconnects were suspended in parts of their service area on Tuesday and Wednesday in observance of Juneteenth. They will continue monitoring the forecast for the upcoming heat wave and comply with the new law by suspending disconnects in areas where temperatures reach 92 degrees or higher."

Duke Energy, a Charlotte-based utility company and the nation's second-largest, has long-standing policies to temporarily suspend disconnecting a customer's service for nonpayment on days when the weather is extremely hot or extremely cold. The company monitors extreme weather events such as hurricanes or winter storms and evaluates them case-by-case before temporarily suspending disconnection for nonpayment.

Aird, a Virginia legislator, believes that legislation is necessary not only for the protection of customers but also to safeguard power companies from their own actions. She emphasized this point strongly, stating, "Ultimately, your objective is to have a customer and provide them with the ability to pay; if they are deceased, then the power company won't have a customer."

Aird believes that the new legislation doesn't go far enough to ensure people's safety in extreme weather, but it was a good first step. "We erred on the side of something is better than nothing," Aird said.