AB456 - Revises provisions relating to public utilities. (BDR 58-170)

A.B. 456 - *AB456* ASSEMBLY BILL NO. 456–ASSEMBLYMEMBERS MOORE AND CONSIDINE MARCH 17, 2025 ____________ Referred to Committee on Commerce and Labor SUMMARY—Revises provisions relating to public utilities. (BDR 58-170) FISCAL NOTE: Effect on Local Government: No. Effect on the State: Yes. ~ EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. AN ACT relating to public utilities; requiring public utilities to make notices to customers available in certain languages; requiring the Public Utilities Commission of Nevada to adopt certain regulations relating to communications between public utilities and customers; prohibiting a public utility from disclosing information concerning customers under certain circumstances; revising provisions governing the circumstances under which a public utility is prohibited from terminating gas, water or electric service; and providing other matters properly relating thereto. Legislative Counsel’s Digest: Section 2 of this bill requires a public utility, for any notice which is required 1 to be provided to a customer, to make such notice available in English and the three 2 languages other than English that are most commonly spoken in this State, except 3 to a customer who has designated the language in which the customer prefers to 4 receive communications. Section 2 requires the Public Utilities Commission of 5 Nevada to adopt regulations as necessary to ensure that customers of a public utility 6 who are persons with limited English proficiency or persons with a communication 7 disability are able to communicate and receive communications in a 8 comprehensible form from the public utilities in this State. 9 Existing regulations prohibit a public utility from providing any information 10 concerning its customers to any person for commercial purposes without the 11 approval of the Commission. (NAC 704.4051) Section 3 of this bill adds this 12 requirement to the Nevada Revised Statutes and additionally requires a public 13 utility to take reasonable steps to ensure that information concerning a customer of 14 a public utility which is disclosed to a third party will not be subject to further 15 disclosure. 16 – 2 – - *AB456* Existing law requires the Commission to adopt or amend regulations that 17 govern the termination of utility service for gas, water or electricity, including 18 when a public utility is required to postpone the termination of utility service to a 19 residential customer. (NRS 704.1835) Existing regulations govern the termination 20 of such utility service. (NAC 704.350-704.380, inclusive) Section 4 of this bill 21 prohibits a public utility from terminating utility service for gas, water or electricity 22 to a residential customer because of nonpayment: (1) if the outstanding amount 23 owed by the customer is less than $300 or less than 6 months overdue; (2) if at least 24 half of the outstanding amount owed by the customer was paid within the 25 immediately preceding 25 days; (3) on a day, or on the day before a day, on which 26 the office of the utility that accepts or processes payments is closed; (4) without 27 first providing certain notice and information to the customer; and (5) without first 28 applying the amount of any security deposit of the customer towards the 29 outstanding amount. Section 4 prohibits a public utility from terminating electricity 30 service for a residential customer at any time from May 1 through October 31 of 31 each year. Section 4 prohibits a public utility from terminating gas service for a 32 residential customer during certain weather conditions. 33 Section 4 requires a public utility to notify each customer who is elderly or 34 who is a person with a disability that the customer may designate a third person to 35 receive notice of the pending termination of utility service of the customer. Section 36 4 requires a third person who is designated to receive such notice to receive a 37 duplicate of any written notice and information regarding the termination of utility 38 service for gas, water or electricity that is provided to the customer. 39 THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. Chapter 704 of NRS is hereby amended by adding 1 thereto the provisions set forth as sections 2 and 3 of this act. 2 Sec. 2. 1. Except as otherwise provided in this subsection, if 3 notice is required to be provided by a public utility to a customer 4 pursuant to this chapter or the regulations adopted pursuant 5 thereto, the notice must be made available in English and the 6 three languages other than English which are most commonly 7 spoken in this State, as determined by the Commission. If a 8 customer has designated the language in which he or she prefers 9 to receive communications from the public utility, the public utility 10 is not required to provide notice to that customer in a language 11 other than the preferred language designated by the customer. 12 2. The Commission shall adopt regulations as necessary to 13 ensure, to the maximum extent practicable, that customers of a 14 public utility who are persons with limited English proficiency or 15 persons with a communication disability are able to communicate 16 and receive communications in a comprehensible form from the 17 public utilities in this State. 18 3. As used in this section: 19 (a) “Person with a communication disability” means a person 20 who, because the person is deaf or hard of hearing or has a 21 – 3 – - *AB456* physical speaking impairment, cannot readily understand or 1 communicate in the English language. 2 (b) “Person with limited English proficiency” means a person 3 who speaks a language other than English and who cannot readily 4 understand or communicate in the English language. 5 Sec. 3. 1. A public utility may not provide any information 6 concerning a customer of the public utility to any person for 7 commercial purposes without the approval of the Commission. 8 Nothing in this section shall be deemed to preclude a public utility 9 from providing any person, including any other utility or 10 telecommunication provider, with information necessary to 11 provide utility services. 12 2. Except for disclosures made pursuant to NRS 704.197, 13 704.202 or 704.206, or a disclosure to which a customer consents 14 in writing, before disclosing any information concerning a 15 customer of a public utility to a third party, a public utility shall 16 take reasonable steps to ensure that such information will not be 17 subject to further disclosure. 18 Sec. 4. NRS 704.1835 is hereby amended to read as follows: 19 704.1835 1. A public utility shall not terminate utility 20 service for gas, water or electricity to a residential customer 21 because of nonpayment: 22 (a) If the outstanding amount owed by the customer is less 23 than $300. 24 (b) If payment for the outstanding amount owed by the 25 customer is less than 6 months overdue. 26 (c) If at least half of the outstanding amount owed by the 27 customer was paid within the immediately preceding 25 days. 28 (d) On a day, or on a day immediately preceding a day, on 29 which the office of the utility which accepts or processes payments 30 for utility service is closed. 31 (e) Without first: 32 (1) Applying the amount of any security deposit of the 33 customer held by the utility towards the outstanding amount owed 34 by the customer. 35 (2) Providing: 36 (I) A written notice to the customer by mail or by 37 electronic transmission pursuant to NRS 704.188 at least 10 days 38 before the date on which the utility service of the customer will be 39 terminated, which notice must include, without limitation, written 40 information regarding governmental agencies or other 41 organizations which have notified the public utility that they will 42 assist customers in paying their utility bills; and 43 (II) A second written notice by a method which ensures 44 that the notice is delivered to the customer or the customer’s 45 – 4 – - *AB456* premises at least 48 hours before the utility terminates service, 1 which notice must include, without limitation, written information 2 regarding governmental agencies or other organizations which 3 have notified the public utility that they will assist customers in 4 paying their utility bills. 5 (3) Providing notice to the customer through a telephone 6 call made to the telephone number for the customer that is on file 7 with the utility at least 5 days before the date on which the utility 8 service will be terminated. 9 (4) Providing a duplicate of any written notice or 10 information required pursuant to this paragraph to the person, if 11 any, designated by the customer pursuant to subsection 7. 12 2. A public utility shall not terminate the electricity service of 13 any residential customer for nonpayment at any time from May 1 14 through October 31, inclusive, of each year. 15 3. A public utility shall not terminate the gas service of any 16 residential customer on a day for which the National Weather 17 Service has issued, for the location of the premises where the gas 18 service is provided: 19 (a) A forecast predicting that the outside temperature that day 20 will not exceed 32 degrees; or 21 (b) A winter weather advisory, winter storm watch, winter 22 storm warning or any other advisory of the potential for 23 significant and hazardous cold weather. 24 4. For the purposes of protecting the health of residential 25 customers who receive gas, water or electricity from public utilities, 26 in addition to and consistent with the provisions of this section, the 27 Commission shall adopt or amend regulations that: 28 (a) Establish the criteria that will be used to determine when a 29 public utility is required to postpone its termination of utility service 30 to the residence of a residential customer who has failed to pay for 31 such service. Such criteria may be based in part upon the residential 32 customer’s ability to pay. 33 (b) Require a public utility to postpone its termination of utility 34 service to the residence of a residential customer who has failed to 35 pay for such service if the residential customer satisfies the criteria 36 established by the Commission and termination of the utility service 37 is reasonably likely to threaten the health of an occupant of the 38 residence of the residential customer. 39 [2.] 5. In addition to the regulations adopted pursuant to 40 subsection [1,] 4, for the purposes of regulating public utilities that 41 provide gas, water or electricity to landlords who pay for the utility 42 service and who distribute or resell the gas, water or electricity to 43 one or more residential tenants, the Commission shall adopt or 44 amend regulations to require a public utility to use its best efforts to 45 – 5 – - *AB456* post, in a conspicuous location, notice of the intent of the public 1 utility to terminate utility service because the landlord has failed to 2 pay for such service. Such notice must provide sufficient 3 information to allow residential tenants or their occupants to contact 4 the public utility if termination of the utility service is reasonably 5 likely to threaten the health of an occupant of the residence of a 6 residential tenant. 7 [3.] 6. A public utility shall not terminate utility service for 8 gas, water or electricity without complying with the provisions of 9 this section and the regulations adopted by the Commission 10 pursuant to this section. 11 [4.] 7. A public utility who provides utility service for gas, 12 water or electricity shall give written notice to each customer who 13 is elderly or who is a person with a disability that the customer 14 may designate a third person to receive notice of the pending 15 termination of utility service of the customer. The utility shall give 16 the written notice: 17 (a) At the time the customer applies for service; or 18 (b) If the customer applies for service by telephone, at the time 19 the customer receives the first bill for service. 20 8. As used in this section: 21 (a) “Gas” includes, without limitation, liquefied petroleum gas 22 and natural gas. 23 (b) “Landlord” means a landlord who is subject, in whole or in 24 part, to the provisions of chapter 118A or 118B of NRS. 25 (c) “National Weather Service” means the National Weather 26 Service of the National Oceanic and Atmospheric Administration 27 of the United States Department of Commerce. 28 (d) “Third person” includes any guarantor of the customer 29 making the designation and any other person or public agency 30 other than the customer or the utility. 31 Sec. 5. The Public Utilities Commission of Nevada shall, as 32 soon as practicable, amend or repeal any existing regulations that 33 conflict or are otherwise inconsistent with the provisions of this act. 34 Sec. 6. This act becomes effective on July 1, 2025. 35 H