2016 Utah Code
Title 54 - Public Utilities
Chapter 7 - Hearings, Practice, and Procedure
Section 13.6 - Low-income assistance program.

54-7-13.6. Low-income assistance program.

• (1) As used in this section, "eligible customer" means an electrical corporation or a gas corporation customer:
  • (a) that earns no more than:
    • (i) 125% of the federal poverty level; or
    • (ii) another percentage of the federal poverty level as determined by the commission by order; and
  • (b) whose eligibility is certified by the Utah Department of Workforce Services.

• (2) A customer's income eligibility for the program described in this section shall be renewed annually.

• (3) An eligible customer may not receive assistance at more than one residential location at any one time.

• (4) Notwithstanding Section 54-3-8, the commission may approve a low-income assistance program to provide bill payment assistance to low-income residential customers of:
  • (a) an electrical corporation with more than 50,000 customers; or
  • (b) a gas corporation with more than 50,000 customers.

• (5)
  • (a)
    • (i) Subject to Subsection (5)(a)(ii), low-income assistance program funding from each rate class may be in an amount determined by the commission.
    • (ii) Low-income assistance program funding described in Subsection (5)(a)(i) may not exceed 0.5% of the rate class's retail revenues.
  • (b)
    • (i) Low-income assistance program funding for bill payment assistance shall be provided through a surcharge on the monthly bill of each Utah retail customer of the electrical corporation or gas corporation providing the program.
    • (ii) The surcharge described in Subsection (5)(b)(i) may not be collected from customers currently participating in the low-income assistance program.
  • (c)
    • (i) Subject to Subsection (5)(c)(ii), the monthly surcharge described in Subsection (5)(b)(i) shall be calculated as an equal percentage of revenues from all rate schedules.
    • (ii) The monthly surcharge described in Subsection (5)(b)(i) may not exceed $50 per month for any customer, adjusted periodically as the commission determines appropriate for inflation.

• (6)
  • (a) An eligible customer shall receive a billing credit on the monthly electric or gas bill for the customer's residence.
  • (b) The amount of the billing credit described in Subsection (6)(a) shall be determined by the commission based on:
    • (i) the projected funding of the low-income assistance program;
    • (ii) the projected customer participation in the low-income assistance program; and
    • (iii) other factors that the commission determines relevant.
  • (c) The monthly billing credit and the monthly surcharge shall be adjusted concurrently with the final order in a general rate increase or decrease case under Section 54-7-12 for the electrical corporation or gas corporation providing the program or as determined by the commission.

Amended by Chapter 212, 2012 General Session