Low-Income Home Energy Assistance Program (LIHEAP) Clearinghouse acf home privacy policy
spacer_line

Seasonal Termination Protection Regulations

State
Date- based
Protection Dates
Temperature- based
Temperature
Seasonal Policy
Alabama
no
 
yes
<32
 Ban for special circumstances such as extreme weather or life-threatening situation.
Alaska
no
 
no
   No disconnect for seriously ill, disabled.
Arizona
no
 
yes
<32
 Temperature based
Arkansas
yes
11/1-3/31
12/1-3/31
yes
<32 or >95
 No disconnect for elderly or disabled, > 95, or medical emergency. No disconnect if customer agrees to deferred or extended payment agreement. No disconnect for certain income-eligible households provided they make a minimum payment, about 50 percent of their bill (December 1 through March 31.) The remainder of their bill is deferred until April, after which they have seven months to pay off the balance. Qualified customers are those who receive benefits from LIHEAP, Food Stamps, WIC, Medicaid or Transition Employment Assistance. To qualify, customers must notify their natural-gas supplier that they are eligible and provide written proof to the utility within two weeks.
California
no
 
no
 
No special seasonal protections.
Colorado
no
 
no
 
No special seasonal protections.
Connecticut
yes
11/1 - 4/15
no
 
No disconnect for hardship customers to include: public assistance recipients, one source of income from Social Security, Veteran's or unemployment compensation benefits income at <125% FPG, ill, disabled, unemployed with income <200% FPG. If service was turned off between 4/15 and 10/31, a customer must pay the lesser of $100, minimum payments due under payment agreement, or 20% of debt to gas company when gas was shut off. Customers must apply for "hardship" protection at the utility every fall. Gas and electric utility service must be provided year-round if a lack of service is life-threatening, regardless of debt to the utility.
Delaware
yes
11/15 - 4/15
yes
20 or below
 Temperature based
District of Columbia
no
 
yes
<32
 Temperature based
Florida
no
 
no
 
No special seasonal protections.
Georgia
yes
11/15 - 3/15 and summer months
yes
<32
or
>98
Total ban when < 32; protection if payment arrangement is made. No disconnect if illness would be aggravated, statement from doctor. Cannot disconnect on any day when the forcast is 98° or above or the heat index is forcast to be 110° or higher.
Hawaii
no
 
no
 
No special seasonal protections
Idaho
yes
12/1 - 2/29
no
 
Disconnect ban for households with children under 18, elderly age 62 or older, or infirm.
Illinois
yes
12/1 - 3/31
and summer months
yes
<32
>=95
Total ban when < 32. In summer months public utilities cannot turn off gas or electricity when it is the sole power source for the cooling if the forecast for the following 24 hours includes temperature at or above 95°F;  includes master-meter buildings.
Indiana
yes
12/1 - 3/15
no
 
Total ban for customers receiving or applying for LIHEAP or WAP (150% FPG) and households that heat with electricity.
Iowa
yes
11/1 - 4/1

( MidAmerican Energy and Alliant Energy extended their moratorium until April 14, 2008)
yes

 
Ban for LIHEAP- or WAP-eligible customers (150% FPG) when temperature <20, utility must offer payment plan after moratorium.
Kansas
yes
11/1 - 3/31
yes
< 35
 Ban when < 35, to avoid disconnect when temperature is above 35 customers must make payment schedule and meet payments and apply for aid if eligible.
Kentucky
yes
11/1 - 3/31
no
 
30 day extension if eligible for energy assistance (<130% FPG), must agree to pay plan. Must reconnect if customer proves need and pays lower of $200 or one-third of bill and makes payments on time. Cannot disconnect if payment agreement is in effect.
Louisiana
no
 
no
 
 
Maine
yes
11/15 - 4/15
no
 
Not permitted if eligible customer (<185% FPG) agrees to payment plan or if account is < 3 months overdue or < $50; requires PUC approval.
Maryland
yes
11/1 - 3/31
no
 
Utility must provide affidavit to the Commission that disconnect will not endanger the health of any household member.
Massachusetts
yes
11/15 - 4/30(electric)

11/15 - 4/30 (gas)

Extended to May 16 for 2008
no
 
Disconnect not permitted if household includes child <12 months, seriously ill member or all residents are 65 or older.
Michigan
yes
11/1 - 3/31
no
 
Winter Protection Plan for low income (less than 200% FPG) and elderly 65 years or older. Must be enrolled in a payment plan. Due date for utility bills extended to 22 days. Limit on deposits.
Minnesota
yes
10/15 - 4/15
Utilities may not disconnect residential electricity service when an excessive heat watch, heat advisory, or excessive heat warning has been issued by the National Weather Service
 
Disconnect ban if customer declares inability to pay and income is <50% state median income and agrees to payment plan; if eligible customer pays 10% of income or the full amount of current bill (whichever is less) or if customer agrees and adheres to payment plan.
Mississippi
yes
12/1 - 3/31
no
 
Prohibited for customers who can prove extreme financial difficulty or medical emergency and agree to payment plan.
Missouri
yes
11/1 - 3/31
yes
< 32
 Prohibits the disconnection of heat-related service when the temperature is predicted to drop below 32 degrees during the following 24 hour period. A customer can have service restored by making an initial payment of 50% of his/her outstanding balance or $500, whichever is less, with the deferred balance to be paid in a Cold Weather Rule payment agreement plan. Prohibits the disconnection of registered elderly and disabled customers who meet certain income guidelines who make a minimum payment.
Montana
yes
11/1 - 4/1
no
 
Prohibited for customers receiving public assistance or if household member is age 62 or older or disabled. PUC approval needed for shut-off.
Nebraska
yes
11/1 - 3/31  
no
 
No disconnect for low-income natural gas customers with proof of eligibility for energy assistance.
Nevada
no
 
no
 
 
New Hampshire
yes
12/1 - 4/1
no
 
 
PUC approval needed to shut-off elderly 65 or older. Disconnect is not allowed unless arrears are more than $175 for non-heating, more than $300 for gas and steam heating or more than $400 for electric heating. Must allow customers to pay balance over next 6 months after winter moratorium.
New Jersey
yes
11/15 - 3/15
no

 
Ban on disconnection for customers receiving Lifeline, LIHEAP, TANF, SSI, PAAD or GA or households unable to pay overdue amounts because of unemployment, medical expenses, or recent death of spouse. Customers eligible for the Winter Termination Protection Program are placed on a budget plan and cannot be disconnected as long as they make good faith payments. During the heating season, a utility may not ask for a security deposit.
New Mexico
yes
11/15 - 3/15
no
 
Customers must meet the qualifications for the low income home energy assistance program and be current on bills. However, investor-owned utilities have agreed to not disconnect customers during the moratorium that are not current on bills.
New York
yes
2-week period encompassing Christmas and New Years
no

 
Prohibits disconnect if household has life support system; 30 day delay for certified medical condition, certificates may be renewed for 30 days or 90 days if a chronic condition exists. Prohibits disconnect if customer is blind, disabled, or 62 years or older and the remaining household members are 62 years or older, 18 years or under, or blind or disabled unless the utility contacts the household 72 hours prior to termination of service for the purpose of devising a pay plan. If a pay plan cannot be implemented the utility must delay termination for 15 days and request that social services assist in devising a plan.
North Carolina
yes
11/1 - 3/31
no
 
No disconnect for elderly, disabled, and customers who are eligible for the Energy Crisis Assistance Program.
North Dakota
no

 
no
 
No disconnect for customers who enter into a payment plan.
Ohio
yes
11/1 - 3/18
no
 
The PUCO issued an order that prohibits natural-gas and electric utilities from disconnecting low-income residential customers for nonpayment of a bill for 90 days — as long as the customer agrees to an extended payment plan. The moratorium is valid for those customers whose income is at or below 175 percent of the federal poverty limit. Customers are required to pay no more than $175 in arrears from October 15 to April 30 to maintain service or reconnect under the state's Winter Reconnection Order.
Oklahoma
yes
11/15 - 4/15
yes
<32 (daytime), <20 (night) or >103
 No disconnect if temperatures are <32 (daytime), <20 (night) or if predicted heat index is >103 or if customer enters into a deferred payment plan. 30 day delay and 30 day extension possible in case of life threatening condition. Commission may order a ban on all disconnections if severe weather or if dangerous to health of the customer.
Oregon
no
 
no
 
 
Pennsylvania
yes
12/1 - 3/31
no
 
PUC approval needed for disconnection, in practice no approvals are granted during winter months.
Rhode Island
yes
11/1 - 4/30
no
 
Disconnect ban for elderly, disabled, seriously ill or recipients of unemployment compensation, federal heating assistance or have income 75% or less of state median income. No termination if National Weather Service issues a heat advisory or excessive heat warning.
South Carolina
yes
12/1 - 3/31
no
 
31 day shut-off delay for seriously ill with medical certificate, can be renewed up to 3 times during the winter protection period.
South Dakota
yes
11/1 - 3/31
no
 
Additional notice of 30 days.
Tennessee
no
 
yes
<32
 Disconnect postponed for medical emergency or if temperature <32
Texas
yes
 until October 1, 2006 for elderly and critical care customers
yes
<32 or during heat advisory
 No disconnect for elderly 65 years or older and critical care customers until Oct. 1. These customers will be required to pay at least 25 percent of their outstanding bill starting in October with the remainder due within five months.

All residential - no disconnect during heat advisories or if the previous day's temperature was <32 or if a serious illness exists in the household.
Utah
yes
11/15 - 3/15
no
 
No disconnect if customer has written statement from utility that states that a payment plan could not be agreed upon, if applied for HEAP and Red Cross energy assistance, has an income <125% FPG, medical emergency or becomes unemployed or income is cut by 50% or more. During winter moratorium customer must pay at least 5% of income towards utility costs (10% for electric heat). Regulated utilities are required to waive security deposits for all moratorium clients and HEAT customers during the moratorium.
Vermont
yes
11/1 - 3/31
no
<10
 No disconnect if temperature is <10 or <32 for households with elderly age 62 or older.
Virginia
no
 
no

 
No state-mandated policies. Terms and conditions concerning disconnection shall be set forth in each local distribution company's tariff approved by the State Corporation Commission.
Washington
yes
11/1 - 3/31
no

 
Protection for hardship customers (<125% FPG) who qualify or apply for energy assistance, and enter into payment plan.
West Virginia
yes
12/1 - 2/28
no
 
Disconnections during protection dates are considered detrimental to the health of the customer's household and are prohibited.
Wisconsin
yes
11/1 - 4/15
yes
 
No disconnect during extreme weather unless last resort after all other legal means of collection have been attempted and only if    >250% FPG and health and safety would not be endangered due to presence of elderly, small children, or mentally disabled. Prohibited when heat advisory from the National Weather Service is in effect.
Wyoming
yes
11/1 - 4/30
yes
 
Temperature-based restrictions if unable to pay and has exhausted available assistance or is actively seeking assistance, or can pay, but only in installments.

Page Last Updated: August 11, 2008