Florida Senate - 2021                                    SB 1860
       
       
        
       By Senator Jones
       
       
       
       
       
       35-01854A-21                                          20211860__
    1                        A bill to be entitled                      
    2         An act relating to utility customer assistance funds;
    3         defining the term “utility”; requiring the Office of
    4         Energy within the Department of Agriculture and
    5         Consumer Services to establish an application process
    6         for utilities for certain purposes related to
    7         receiving funds to provide financial assistance to
    8         certain residential customers; providing criteria that
    9         each utility must meet to receive utility customer
   10         assistance funds; specifying required elements for
   11         each repayment plan offered to specified residential
   12         customers; requiring each participating utility to
   13         establish a separate customer utility assistance fund
   14         and follow generally accepted accounting principles in
   15         its recording; requiring each participating utility to
   16         provide an accounting report to the Governor, the
   17         President of the Senate, the Speaker of the House of
   18         Representatives, the Public Service Commission, and
   19         the Office of Public Counsel by a specified date;
   20         requiring each participating utility to use specified
   21         federal funds to provide direct subsidy payments to
   22         certain residential customers under certain
   23         conditions; authorizing certain residential customers
   24         to seek debt relief or mitigation from other available
   25         resources or renegotiate terms of a repayment plan;
   26         providing an appropriation for specified uses;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Utility customer assistance funds.—
   32         (1)For purposes of this section, the term “utility” means
   33  an electric utility as defined in s. 366.02(2), Florida
   34  Statutes, a natural gas utility as defined in s. 366.04(3)(c),
   35  Florida Statutes, or a utility as defined in s. 367.021, Florida
   36  Statutes.
   37         (2)The Office of Energy within the Department of
   38  Agriculture and Consumer Services must establish an application
   39  process for a utility that meets the requirements of this
   40  section to complete before it may receive utility customer
   41  assistance funds to provide financial assistance to residential
   42  customers for nonpayment of utility bills as provided in this
   43  section.
   44         (3)To be eligible for utility customer assistance funds, a
   45  utility must attest that:
   46         (a)It will not disconnect utility service to a residential
   47  customer for nonpayment of any bill or fee connected to the
   48  provision of utility service through December 31, 2021.
   49         (b)It will not use utility customer assistance funds to
   50  pay for new deposits, down payments, fees, late fees, interest
   51  charges, or penalties.
   52         (c)It will first use the utility customer assistance funds
   53  to provide financial assistance to residential customers whose
   54  accounts are more than 60 days past due. Remaining funds shall
   55  be used to provide financial assistance to residential customers
   56  whose accounts are at least 30 days past due.
   57         (d)To the extent possible, it will direct residential
   58  customers in writing to other state or federal resources that
   59  may assist residential customers in providing debt relief.
   60         (e)Within 30 days after receiving utility customer
   61  assistance funds, it will notify all residential customers whose
   62  accounts are at least 60 days past due of a COVID-19 relief
   63  repayment plan. The notification may be by bill insert or bill
   64  notice and must include eligibility, billing information,
   65  applicable financial assistance resources, and contact
   66  information where residential customers may learn more about the
   67  repayment plan.
   68         (f)It will waive all reconnection fees for residential
   69  customers whose utility service was disconnected for any
   70  duration starting on March 9, 2020, and ending on January 1,
   71  2022, and it will seek to restore utility service to residential
   72  customers whose utility service was disconnected.
   73         (4)The COVID-19 relief repayment plan:
   74         (a)May not require any new deposits, down payments, fees,
   75  late fees, interest charges, or penalties.
   76         (b)Must amortize the repayment of a residential customer’s
   77  utility debt over a period of at least 6 months but not more
   78  than 24 months. The utility must work with the residential
   79  customer to establish a repayment plan that meets the
   80  requirements of this paragraph and that the residential customer
   81  determines is sustainable and affordable.
   82         (c)May not contain eligibility criteria for participation
   83  in the repayment plan, such as installment plan history or
   84  upfront fees.
   85         (5)Before receiving utility customer assistance funds,
   86  each utility must establish a separate COVID-19 customer utility
   87  assistance fund and must record each residential customer
   88  assistance payment on behalf of a residential customer in
   89  accordance with generally accepted accounting principles. Each
   90  utility must reflect the utility customer assistance payment on
   91  the residential customer’s bill after the utility customer
   92  assistance funds are applied to that residential customer’s
   93  account.
   94         (6)Each utility that receives utility customer assistance
   95  funds must provide a report of all related accounting to the
   96  Governor, the President of the Senate, the Speaker of the House
   97  of Representatives, the Public Service Commission, and the
   98  Office of Public Counsel by December 31, 2021.
   99         (7)(a)In addition to utility customer assistance funds
  100  provided under this section, utilities must use funds allocated
  101  from the federal coronavirus relief funds of the Coronavirus
  102  Aid, Relief, and Economic Security Act (P.L. 116-136) to provide
  103  direct subsidy payments on behalf of residential customers whose
  104  accounts are more than 60 days past due, provided such use meets
  105  eligibility requirements pursuant to United States Department of
  106  the Treasury guidance. In applying these funds to residential
  107  customer accounts, utilities shall prioritize providing
  108  financial assistance to customers whose accounts are more than
  109  60 days past due before providing financial assistance to
  110  customers whose accounts are at least 31 days but not more than
  111  60 days past due.
  112         (b)In addition to the utility customer assistance funds
  113  provided in this section, utilities must accept financial
  114  assistance from other utility assistance programs funded with
  115  federal funds for customers whose accounts are at least 60 days
  116  past due.
  117         (8)This section does not limit or prevent a residential
  118  customer from applying or seeking debt relief or mitigation from
  119  other available resources, from entering into another payment
  120  plan offered by the utility, or from renegotiating the terms of
  121  the repayment plan.
  122         Section 2. The Legislature shall appropriate $100 million
  123  to provide direct assistance to residential utility customers
  124  whose accounts have been past due since May 9, 2020. Utility
  125  customer assistance funds shall be transferred to the Office of
  126  Energy within the Department of Agriculture and Consumer
  127  Services within 30 days after this act becomes a law.
  128         Section 3. This act shall take effect July 1, 2021.