Sponsored by:
Assemblywoman YVONNE LOPEZ
District 19 (Middlesex)
Assemblywoman ELIANA PINTOR MARIN
District 29 (Essex)
Assemblyman JAMES J. KENNEDY
District 22 (Middlesex, Somerset and Union)
SYNOPSIS
“Linda’s Law”; prohibits electric public utilities from discontinuing service to customers using life-sustaining equipment with verification of use of equipment.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning certain public utility service discontinuances, and designated as “Linda’s Law,” and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. As used in P.L. , c. (C. ) (pending before the Legislature as this bill):
“Board” means the Board of Public Utilities or any successor agency.
“Electric public utility” or “utility” means a public utility, as that term is defined in R.S.48:2-13, that provides electric distribution service.
“Emergency” means any condition constituting a clear and present danger to life, health, or property requiring a public utility to immediately discontinue or interrupt service or provide an unscheduled discontinuance or interruption in service caused by a sudden natural or man-made disaster or related event.
“Medical customer” means a residential utility customer of record who affirmatively responds to a request for information pursuant to subsection a. of section 2 of P.L. , c. (C. ) (pending before the Legislature as this bill).
2. a. An electric public utility shall request from every residential customer, on a semi-annual basis, information, determined by the board, as to whether the residential customer, or any person living at the residential customer’s address, uses life-sustaining equipment powered by electricity at the residential customer’s address. If a residential customer responds to the utility’s request for information indicating the residential customer or a person living at the residential customer’s address uses life-sustaining equipment powered by electricity, the utility shall designate that residential customer as a medical customer.
b. Except when a utility experiences an emergency, a utility shall not discontinue service to a medical customer for utility bill nonpayment if a medical customer’s condition would be aggravated by a discontinuance of electric service. A utility shall require the medical customer to:
(1) provide reasonable proof of an inability to pay a utility bill on or before the bill’s due date; and
(2) semi-annually submit a written physician's statement to the utility, stating:
(a) the existence of the medical customer’s use of life-sustaining equipment powered by electricity at the medical customer's premises;
(b) the nature of the condition of the medical customer and its probable duration, only if the disclosure of the information is not otherwise prohibited by law; and
(c) that the discontinuance of service to the medical customer will aggravate the condition of the medical customer.
3. A medical customer who does not pay in full a utility bill on or before the date the bill is due shall be liable for any bill payment balance for service rendered by the utility.
4. This act shall take effect immediately, but shall remain inoperative for 60 days following the date of enactment.
STATEMENT
This bill is to be known as “Linda’s Law” in memory of Linda Daniels, who depended on an oxygen machine powered by electricity to survive, who died after electric service to her home was discontinued.
This bill requires an electric public utility (utility) to request from every residential customer, on a semi-annual basis, information determined by the Board of Public Utilities (BPU), as to whether the residential customer, or any person living at the customer’s residence, uses life-sustaining equipment powered by electricity at the residential customer's premises. If a residential customer responds to the utility’s request for information indicating the residential customer or a person living at the residential customer’s address uses life-sustaining equipment powered by electricity, the utility is to designate that residential customer as a “medical customer.”
The bill requires that, except when a utility experiences an “emergency,” as that term is defined in the bill, a utility is prohibited from discontinuing service to a medical customer for utility bill nonpayment if a medical customer’s condition would be aggravated by a discontinuance of service. A utility shall require the medical customer to: (1) provide reasonable proof of an inability to pay a utility bill on or before the bill’s due date; and (2) semi-annually submit a written physician's statement to the utility, stating the existence of the medical customer’s use of life-sustaining equipment powered by electricity at the customer's premises, the nature of the condition of the medical customer and its probable duration only if the disclosure of the information is not otherwise prohibited by law, and that the discontinuance of service to the medical customer will aggravate the condition of the medical customer.
The bill provides that a medical customer who does not pay in full a utility bill on or before the date the bill is due is liable for any bill payment balance for service rendered by the utility.