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Lawmakers seek to ban some utility shutoffs during extreme heat

The legislation would prevent shutoffs when temperatures exceed 90 degrees, although that benchmark could change during negotiations.

OLYMPIA, Wash. — While the Northwest braces for more cold weather, lawmakers in Olympia are busy thinking about how hot it will get this summer. On Thursday, the House Committee on Environment & Energy takes up a bill that supporters say could be a matter of life and death during extreme heat. 

In Washington, it's illegal for utilities to shut off power because of 'non-payment' during extremely cold weather. Attorney General Bob Ferguson is pushing House Bill 1329, which would take that same concept and apply it to summer heat waves. 

Ferguson’s office highlights data from the National Weather Service which shows the number of days each year where temperatures reached at least 90 degrees in Yakima increased from an average of about 30 in the 1980’s, to more than 50 in the last decade. In the same period, the number of days over 95 degrees more than doubled.

“It’s a direct cause of what we’re seeing in Washington state,” said one of the bill’s sponsors, Rep. Sharlett Mena, D – Tacoma. 

Mena pointed to the 2021 heat wave, when temperatures reached triple-digit, all-time highs three days in a row. The Washington Department of Health says nearly 160 deaths were reported over the course of about a month statewide, and emergency room visits were 69 times higher than in previous years. 

Mena said deaths in heat waves can be caused by a combination of issues, but guaranteeing access to water and other utilities is a key step. 

“This bill will certainly address the needs of some of our lowest income residents, but that will only apply to folks who are currently housed, so we do need to pair it with other actions,” she said. 

The legislation would prevent shutoffs when temperatures exceed 90 degrees, although that benchmark could change during negotiations. The bill still faces logistical hurdles, including how much it would cost and how to pay for it. 

Many utilities already have independent policies for preventing shutoffs during heat waves, although they are not required by the state. Puget Sound Energy, the state’s largest utility, told KING 5 it already has a provision in place that restricts electricity shutoffs for nonpayment when the temperature reaches or exceeds 90 degrees. 

The Utilities and Transportation Commission, which helps regulate investor-owned utilities, told KING 5 they are closely watching the bill in Olympia and providing feedback to lawmakers. 

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