Question: It’s baaaackk. Cold weather. So what’s with this Cold Weather Rule and
city utilities?
Answer: It’s a law to keep the heat on, and your city plays an important role. Between Aug. 15 and Oct. 15
cities must notify utility customers about the "Cold Weather Rule" found in Minn. Stat. §
216B.097. So Wednesday, Oct. 15 of this year is the last day to send notices
about this rule to utility customers if it applies to your city utility.
What’s the rule about? It prevents city utilities from
disconnecting service to homes during the cold weather months—Oct. 15
through April 15—if that disconnection would in any way affect the consumer's primary
heat source and if the consumer complies with the rule (see below). If a residence has been
disconnected before Oct. 15, the rule requires the city utility to reconnect
that home. Note that the rule does not allow use of “load limiters” or any
device that limits or interrupts electric service in any way during these
months.
Customers still pay. If a customer qualifies based on income and
fills out the required forms, they must enter into payment plans and are also
referred to energy assistance programs. If a customer does not comply with the
rule, utility service may still be shut off during the winter, but cities must
follow strict notice requirements in the rule before doing that.
Does this rule apply to city water utilities? That's a great question for your city attorney. One part
of the rule defines “utility heating service” as natural gas or electricity
used to heat a home—and that includes electricity needed to run gas heating
equipment. The cautious approach is for a city utility to refrain from
disconnecting a utility service during the winter months if that disconnection
could affect a customer’s primary heat source. Many cities certify
unpaid water and sewer charges more than once a year and no longer shut water
off, cold weather or not.
For more discussion of all this, take a look at
pages 24 -26 of this Research memo: Securing
Payment of Utility Charges.
Written by Jeanette Behr, research manager with the League of Minnesota Cities. Contact: jbehr@lmc.org or (651) 281-1228.
This blog post conveys general information. It’s not
legal advice. Please check with your city attorney before acting on this
information.
