DelawareHS 1 for HB 62153rd General Assembly (2024–2026)HouseWALLET

AN ACT TO AMEND TITLES 22 AND 26 OF THE DELAWARE CODE RELATING TO THE TERMINATION OF UTILITY SERVICES.

Sponsored By: Melanie Ross Levin (Democratic)

Signed by Governor

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 6 benefits, 0 costs, 0 mixed.

Health needs can delay household shutoffs

Utilities must delay shutoff for up to 120 days when losing service would harm an ill occupant's health or recovery. A licensed physician, physician assistant, or advanced nurse practitioner must sign a statement supporting the delay. The delay can be renewed when the customer makes a good-faith effort to pay. The Delaware Public Service Commission must define that payment effort through regulations. For disputes over health-based delays, the law recommends advance notice to case managers or coordinators when possible.

Households get limits on utility shutoffs

Utilities can shut off household service for nonpayment only from 8 a.m. to 4 p.m., Monday through Thursday. Thursday or Friday holidays move the allowed shutoff day to Wednesday; Monday holidays move it to the next business day. Shutoffs are also barred from December 21 through January 1 each year. Safety emergencies are exceptions to these protections. An electric company can still end service when an adult occupant voluntarily requests it.

Households get more warning before shutoffs

Utilities must give at least 14 calendar days' written notice before seasonal shutoffs for nonpayment. Heating season runs November 1–March 31; cooling season runs June 1–September 30. A separate rule requires 72 hours' notice to occupants before shutoff. Notices must give the earliest shutoff date, dispute rights, installment options, assistance referrals, and applicable health-delay options. Referrals include the Low-Income Home Energy Assistance Program. Utilities must attempt contact by phone, text, or email at least three times during heating season, including once after 5 p.m. Cooling season requires at least one attempt. Occupants can name a third party to receive notices; that person can accept in writing without taking on liability.

Households keep utilities during extreme weather

Utilities cannot shut off heating for nonpayment when the 8 a.m. temperature within 50 miles is 35°F or below. They cannot shut off cooling when the forecast Heat Index within 50 miles reaches 90°F or higher. Safety emergencies remain exceptions. After a weather delay, notices must say when shutoff will occur unless payment arrangements are made. These notices must also include reminders for buildings where multiple homes share one utility meter.

Municipal customers gain enforceable shutoff protections

The shutoff protections cover municipal electric companies. Contracting municipalities that use these companies must adopt rules and ordinances to enforce the protections. The Delaware Public Service Commission and covered contracting municipalities can impose civil penalties up to $1,000 per violation. Each day a violation continues counts separately. Section 3 of the law takes effect 60 days after enactment.

Payment plans help households avoid shutoffs

An occupant or other bill payer who cannot pay an undisputed bill in full can avoid shutoff through an initial installment agreement. This option includes electric service. Utilities must also keep service running while a good-faith bill dispute is being resolved. Service continues through final review by the applicable commission or regulatory process.

Sponsors & Cosponsors

Sponsor

Melanie Ross Levin
Democratic • House

Cosponsors

Frank Burns
Democratic • House
William Bush
Democratic • House
Mara Gorman
Democratic • House
Stephanie L. Hansen
Democratic • Senate
Kerri Evelyn Harris
Democratic • House
Debra Heffernan
Democratic • House
Kyra L. Hoffner
Democratic • Senate
Russell Huxtable
Democratic • Senate
Kamela T Smith
Democratic • House
Larry Lambert
Democratic • House
S. Elizabeth Lockman
Democratic • Senate
Spiros Mantzavinos
Democratic • Senate
Melissa Minor-Brown
Democratic • House
Eric Morrison
Democratic • House
DeShanna U Neal
Democratic • House
Edward S. Osienski
Democratic • House
Sophie Phillips
Democratic • House
Cyndie Romer
Democratic • House
Sherae'a Moore
Democratic • House
Ray Seigfried
Democratic • Senate
Claire Snyder-Hall
Democratic • House
David P. Sokola
Democratic • Senate
Bryan Townsend
Democratic • Senate
John "Jack" Walsh
Democratic • Senate
Madinah Wilson-Anton
Democratic • House

Roll Call Votes

All Roll Calls

Yes: 48 • No: 12

Senate vote • 5/20/2025

Passed (SM required)

Yes: 20 • No: 0

House vote • 4/8/2025