Resolution No. 641 - Approving Utility Shut Offs During Extreme Heat PolicyRESOLUTION No. 641
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, APPROVING THE UTILITY SHUTOFFS
FOR NONPAYMENT DURING EXTREME HEAT POLICY
WHEREAS, the City of Yelm (hereinafter referred to as City) aims to prioritize the well-
being and safety of its residents during heat -related events while ensuring fair and responsible
financial practices regarding water service; and
WHEREAS, the state legislature recently enacted Engrossed Substitute House Bill 1329;
and
WHEREAS, the current water disconnect policy needs to be updated to reflect changes in
state law; and
WHEREAS, the City has determined that adoption of a policy is necessary for the process
of managing water disconnections during a National Weather Service heat -related alert;
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Yelm, Washington
as follows:
Section 1. Adoption of the City of Yelm Utility Shutoffs For Nonpavment During
Extreme Heat Policy. The City of Yelm Utility Shutoffs For Nonpayment During Extreme Heat
Policy is adopted in its entirety attached as Exhibit A.
Section 2. Effective Date; Retroactive Application. This resolution shall take effect
immediately upon adoption. Provided, that the provisions of Exhibit A shall be deemed
retroactively applicable to July 23, 2023, in order to ensure consistency with the effective date of
Engrossed Substitute House Bill 1329.
ADOPTED by the City Council of the City of Yelm, at its regular meeting thereof, and
APPROVED by the Mayor this 26' day of September, 2023.
ePinto, Mayor
Attest:
XKay Linnem er, City Clerk
WASHINGTON
FINANCE DEPARTMENT
UTILITY SHUTOFFS FOR NONPAYMENT DURING EXTREME HEAT
POLICY PURPOSE:
The City of Yelm aims to prioritize the well-being and safety of its residents during heat -related
events while ensuring fair and responsible financial practices regarding water service.
Engrossed Substitute House Bill 1329 prohibits water utilities from disconnecting water service
due to nonpayment from residential users during certain heat -related events. The City of Yelm
establishes the following procedures to comply with ESHB 1329 during a National Weather
Service heat -related alert. The provisions of the policy apply exclusively to residential users.
For the purposes of this policy, "National Weather Service heat -related" or "alert" includes any
day that the National Weather Service has issued or has announced that it intends to issue an
excessive heat warning, a heat advisory, an excessive heat watch, or a similar alert, for the area
in which the residential user's address is located.
The provisions of this policy shall be reasonably constructed in a manner consistent with the
applicable state law, including without limitation ESHB 1329.
1. Notification and Contact Information
Regular bills, delinquency notices, and pre -disconnection automated phone call, SMS text
message, and/or email message shall include the following text:
"During a National Weather Service heat -related alert, you may request reinstatement of
service by calling 360-458-3244 during the period covered by the alert."
2. Delay of Water Disconnection
On the regularly scheduled shut-off day, the Utility Clerk will review the current National
Weather Service data to determine if a heat -related alert is in effect. If there is no heat -related
alert in place, shut offs for nonpayment will occur per the usual process.
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If a heat -related alert is in effect for the scheduled date of shut off, water disconnection for
nonpayment will be delayed until the next available day in the current week when the heat -
related alert is lifted.
If the National Weather Service heat -related alert remain in place for the current week and the
following week, the water disconnection for nonpayment will be rescheduled to the
subsequent month the regularly scheduled shut-off day.
3. Reinstatement Parameters
Customers requesting reinstatement of service due to a National Weather Service heat -related
alert can avoid immediate shutoff once the alert is lifted by:
A. Paying the past due balance in full prior to the alert being lifted.
B. Entering into a payment plan by contacting the City prior to the alert being lifted.
a. The payment plan will stipulate that the current billing must be paid and remain
current;
b. The past due balance must be paid by the following May 15th, oras soon as
possible after May 15th if needed to maintain monthly payments that are not
greater that six percent of the customer's monthly income.
L Customer's can choose to pay more than six percent of their monthly
income to pay the past due amount prior to the following May 15tH
ii. If assistance payments are received by the customer subsequent to
implementation of the plan, the customer shall contact the City to
reformulate the plan.
Failure to maintain the payment plan will result in shut-off of services without
further notice.
Subject to the forgoing parameters and provisions of ESHB 1329, upon receipt of a request for
reinstatement of service the City shall promptly make a reasonable attempt to reconnect
service to the customer's dwelling.
If a customer fails to maintain the payment plan, declines to pay the full past due amount, or
refuses to fill out a payment plan, the water service will be disconnected on the first business
day after the National Weather Service heat -related alert is lifted.
4. Charges and Fees
For customers requesting services to be restored during a National Weather Service heat -
related alert, there will be no additional turn -on charges shall apply. Penalties charged during
the normal course of business for any past due amounts will still be assessed.
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5. Reporting
The City of Yelm will maintain the required documentation containing the number of customers
shut off during a National Weather heat -related alert. This information will be reported on an
annual basis to the Department of Commerce as required by ESHB 1329.
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EST. 1924
WASHINGTON
Meeting Date: September 26, 2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: Resolution No. 641, Adopting the City of Yelm Utility Shutoffs for Nonpayment
During Extreme Heat Policy.
PROPOSED MOTION: Move to approve Resolution 641, Adopting the City of Yelm Utility
Shutoffs for Nonpayment During Extreme Heat Policy.
KEY FACTS AND INFORMATION SUMMARY:
During the 2023 legislative session, Engrossed Substitute House Bill 1329 was signed into law
with an effective date of July 23, 2023. This bill prohibits water utilities from disconnecting water
service due to nonpayment from residential users during heat -related events issued by the
National Weather Service. A qualifying heat -related event is any specific day or period of days for
which the National Weather Service has issued or has announced that it intends to issue a heat -
related alert including such examples as an excessive heat warning, a heat advisory, an excessive
heat watch, or a similar alert.
ESHB 1329 also requires that the utility provide notice of how a customer can request
reinstatement of service, provides a framework of how payment plans must be structured, and
establishes an annual reporting requirement to the Department of Commerce.
The City of Yelm drafted the Utility Shutoffs for Nonpayment During Extreme Heat Policy to
incorporate ESHB 1329 with the following changes to the disconnection procedure.
Absent a heat advisory, shut offs for nonpayment will still occur as normal. ESHB became
effective as of July 23, 2023, which requires allowing customers shut off for nonpayment a means
to reinstate service without first making payment. Adoption of the Utility Shutoffs for
Nonpayment During Extreme Heat Policy is desired to establish a consistent procedure during
heat -related advisories.
There are no fiscal impacts for the adoption of the policy. Actual impacts would be dependent on
the number of turn on requests, if any.
1IPage
nkiltt(tee!
t' WASHINGTON
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
ATTACHMENTS:
• Resolution No. 641
Respectfully Submitted:
Erica Cecil, Utility Clerk
Meeting Date:
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