N.J. Admin. Code § 5:45-2.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 5:45-2.1 - Utility shutoff protections

(a) A vendor shall not discontinue service during the period from November 15 through March 15 to those residential customers who demonstrate, at the time of the intended termination that they are:

1. Recipients of benefits pursuant to the Federal Home Energy Assistance Program (HEAP) or certified as eligible therefor, pursuant to standards set by the New Jersey Department of Community Affairs;

2. Recipients of Temporary Assistance to Needy Families (TANF);

3. Recipients of Federal Supplemental Security Income (SSI);

4. Recipients of Pharmaceutical Assistance to the Aged and Disabled (PAAD);

5. Recipients of General Assistance (GA) benefits;

6. Recipients of the Universal Service Fund (USF);

7. Recipients of the Low-Income Household Water Assistance Program;

8. Recipients of benefits pursuant to the Lifeline Credit Program;

9. Persons unable to pay their utility bills because of circumstances beyond their control.

i. Circumstances pursuant to this paragraph shall include, but not be limited to, unemployment, illness, medical-related expenses, recent death of an immediate family member, or any other circumstances that might cause financial hardship; or

10. A participant in any other State or local program that provides assistance, specifically, to help eligible customers pay electric, sewer, or water bills.

(b) A vendor shall send a notice to all residential customers about the Winter Termination Program in the billing cycle prior to November 15. The notice shall set forth the terms and conditions of the Program. A vendor shall send a notice about the Program to a residential customer who has started a new service, after the billing cycle, prior to November 15 at the time the residential customer starts the new service.

(c) If a vendor has a policy that provides that service will not be shut off to any residential customer from November 15 to March 15, the vendor does not have to comply with the notice requirement at (b) above. In such case, the vendor shall post a notice generally describing the Program on its website. If the policy changes at any time, the vendor must comply with (b) above.

(d) All residential electric, water, and wastewater customers who are eligible for, and seek the protection of the Winter Termination Program, shall make good-faith payments during the period, if they are able.

(e) If a customer receives electric, water, or wastewater-related financial assistance, the customer shall forward any benefits received to their appropriate electric, water, or wastewater vendor.

(f) During the protection period, an electric, water, or wastewater vendor shall not request a security deposit or an addition to an existing security deposit from a customer who is eligible for, and seeks the protection of, the Winter Termination Program.

N.J. Admin. Code § 5:45-2.1

Adopted by 55 N.J.R. 1705(a), effective 8/7/2023