EMBARGOED – NOT FOR PUBLIC DISTRIBUTION EMBARGO LIFTED AT 12.01 AM ON APRIL 13, 2020 April 13, 2020
The Honorable Nancy Pelosi The Honorable Chuck Schumer Speaker of the House Minority Leader United States House of Representatives United States Senate Washington, DC 20515 Washington, DC 20510
The Honorable Mitch McConnell The Honorable Kevin McCarthy Majority Leader Minority Leader United States Senate United States House of Representatives Washington, DC 20510 Washington, DC 20515
Re: INCLUSION OF MORATORIUM ON ALL UTILITY SHUT-OFFS AS PART OF COVID-19 STIMULUS PACKAGE NO. 4
Dear Speaker Pelosi, Minority Leader Schumer, Majority Leader McConnell, and Majority Leader McCarthy:
On behalf of our millions of members and supporters nationwide, we, the undersigned [700] organizations—including utility justice, energy democracy and justice, environmental justice, conservation, faith, labor, health advocate, consumer advocate, and legal educational organizations—urge you to implement a nationwide moratorium on the shut-offs of electricity, water, broadband, and all other essential utilities as part of the fourth COVID-19 stimulus package. Further, while a nationwide moratorium provides a necessary temporary respite during this COVID-19 crisis, it does not tackle the systemic issues driving these all-too-common utility injustices across America. We therefore urge you to invest significant stimulus funds into long-term solutions, including funding and financing for distributed clean energy systems and funding for percentage-of-income payment plans for municipal water systems, broadband, and other utility services, which enhance the long-term energy, water, and utility resilience for all communities, in particular low-wealth households, communities of color, and tribes across the country.
While we thank Congress for the CARES Act’s inclusion of important paycheck and eviction protection measures, the CARES Act unfortunately failed to include any moratorium on shut-offs of the basic utility services that families need to survive and protect themselves during this health pandemic. We applaud and thank Speaker Pelosi, Representative Lawrence, and the House of Representatives for including provisions on moratoria on utility shut-offs in H.R. 6379 Taking Responsibility for Workers and Families Act. We also applaud and thank Senators Merkley and Markey and other supporting senators for their letter and Senate resolution calling for a moratorium on utility shut-offs.1 Over 600
1 Letter to Congressional Leadership calling for moratorium on all utility shut-offs led by Senator Merkley and joined by Senators Duckworth, Booker, Markey, Schatz, Sanders, Hirono, Gillibrand, Wyden, Warren, Durbin, Van Hollen, Whitehouse, Carper, Blumenthal, and Harris (March 20, 2020), https://www.merkley.senate.gov/imo/media/doc/20.03.20%2 0Utility%20Access%20Letter.pdf; Senate Resolution calling for stop to electric and gas disconnections, introduced on March 30, 2020 by Senator Markey and joined by
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EMBARGOED – NOT FOR PUBLIC DISTRIBUTION EMBARGO LIFTED AT 12.01 AM ON APRIL 13, 2020 organizations called for a nationwide moratorium on utility shut-offs at the start of the crisis.2 With such widespread support across Congress and the public, we urge that both the House and Senate champion the rights of people in the fourth COVID-19 stimulus package by including robust moratorium provisions on utility shut-offs to address this issue head-on.
The COVID-19 emergency is resulting in the widespread loss of jobs that is unprecedented in modern history—and in particular, is disproportionately harming low-wealth families, especially in communities of color and American Indian and Alaska Native communities. This loss of income threatens the ability of families to pay their rent or mortgage, to buy food, and to shoulder monthly bills for electricity, water, broadband, heat, and other essential utility services. These utility services must be retained to ensure basic family survival and to fight the health pandemic at ground zero. Access to water is foundational to living and fighting the coronavirus, which necessitates constant hand-washing and sanitation. Power is necessary for families to keep their lights, refrigerators, and key medical devices on and to power air conditioning as summer ensues. Broadband access is essential for low-income students who face being left behind as education moves online, for people who have lost jobs to search for new employment, and for families to receive up-to-date information about the coronavirus during shelter-in- place orders. Families should never be put in the impossible position where they must choose between food and sustaining access to their power and water services, or between shelter and getting care for the coronavirus or other illnesses.
First, we request Congress to implement a robust nationwide moratorium on all utility shut-offs, reinstatement of disconnected services, waiver of late-payment fees, and forgiveness of all bills for low-wealth households for the duration of the emergency and an extended grace period. To the extent that some state regulators and power providers have already instituted moratoria on electricity shut-offs, we call for national legislation that ensures that utility shut-off moratoria are implemented across all jurisdictions and that such moratoria have meaningful protections, particularly for struggling families. Over the course of the last several weeks, only half of all state governments, some local governments, and numerous private and public utilities3 have implemented moratoria on utility shut-offs that vary greatly in coverage and scope. To resolve the existing patchwork of moratoria, Congress should
Senators Warren, Blumenthal, Harris, Wyden, Gillibrand, Merkley, and Van Hollen, (March 30, 2020), https://www.markey.senate.gov /imo/media /doc/Energy% 20moratorium%20resolution.pdf; Letter to House Leadership from Representative Lawrence and 80 House Representatives calling for national moratorium on water shut-offs (April 7, 2020), https://www.foodandwaterwatch.org/sites/default/files/lawrence_final_water_funding_letter.pdf; 2 Letter from 600 organizations calling for nationwide moratorium on utility shut-offs (March 19, 2020), https://www.biologicaldiversity.org/programs/energy-justice/pdfs/Signon-Letter-re-Coronavirus-and-Electricity.pdf; Letter from 144 organizations urging Congress to include nationwide moratorium on utility shut-offs in COVID-19 Package No. 3 (March 24, 2020), https://biologicaldiversity.org/programs/ energy-justice/pdfs/2020-3-24_FINAL- Congressional-Signon-Letter-re-Coronavirus-and-Electric.pdf; Letter from 233 organizations urging Congress to include nationwide moratorium on water utility shut-offs in COVID-19 Package No. 4 (April 7, 2020), https://www.foodandwaterwatch.org/sites/default/files/2020-04-07-organizationsignonletter- includefederalwaterfunding_2.pdf. 3 See Energy Policy Institute, LIVE: Utilities that have and have not suspended disconnects amid COVID-19, https://www.energyandpolicy.org/utilities-disconnect-coronavirus/ (last updated April 3, 2020); Food & Water Watch, Local/State Water Shutoff Moratoria Amidst Coronavirus (last updated March 18, 2020), https://docs.google.com/spreadsheets/d/153Ze6RRZ-ZZ9oVkaSErhVH GMv3Z4laQD s0GRO7UmYnQ /edit?usp=sharing.
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EMBARGOED – NOT FOR PUBLIC DISTRIBUTION EMBARGO LIFTED AT 12.01 AM ON APRIL 13, 2020 institute a nationwide moratorium on the shut-offs of all essential utilities that applies across the entire United States so that no family is unfairly left behind.
Moreover, the nationwide moratorium must be robust in duration, coverage and scope to offer meaningful protections for families. First, the nationwide moratorium must last for at least six months beyond the end date of the national state of emergency, in order to allow a sufficient grace period for families to recover from unemployment and other coronavirus-related impacts. Second, the legislation must ensure that all families whose services have already been cut off are reconnected. Third, the moratorium should waive all late payment fee accrual on utility bills through the end of the grace period. Finally, the legislation should forgive all bill payments for low-wealth families through the end of the grace period.
Second, we request Congress address the systemic issues underlying utility shut-offs by investing significant stimulus funds into long-term solutions, including financing and funding distributed clean energy systems and funding percentage-of-income payment plans for municipal water systems, broadband and other essential utilities. Unfortunately, millions of families each year are cut off from their utility services, and the coronavirus emergency exacerbates and highlights the urgency of these chronic issues. According to the most recently available 2017 data from the U.S. Census Bureau, 1.2 million households (or approximately 1% of total households) experienced utility shut-offs within the past three months of taking the survey, and 18.4 million households (or approximately 15% of total households) reported receiving notice within the past three months to have utilities shut off for missed payments.4 Further, a national survey found that the average water utility disconnected 5% of households for nonpayment in 2016, affecting an estimated 15 million Americans. 5 Finally, approximately 22% of households nationwide do not have home internet, including more than four million households with school-age children. Lacking access to these essential utility services disproportionately harm low-wealth communities, communities of color, and tribes. 6 Moreover, the climate emergency has exacerbated the country’s extreme weather conditions—through unprecedented wild fires, heat waves, and increased frequency and intensity of storms—that necessitate a greater demand in electricity, water, and broadband services for survival and to maintain a basic standard of living, most especially in American Indian and Alaska Native and rural regions.
Therefore, we urge Congress to fund and finance long-term solutions that address the systemic issues driving utility shut-offs across America. First, Congress should implement a permanent ban on all utility shut-offs for all low-wealth families. Second, regarding electricity, Congress should inject
4 U.S. Census Bureau, American Housing Survey, 2017 Delinquent Payments and Notices, https://www.census.gov/programs-surveys/ahs/data/interactive/ahstablecreator.html ?s_areas=00000&s_ year=2017&s_tablename=TABLES08&s_bygroup1=1&s_bygroup2=1&s_filtergroup1=1&s_filtergroup2=1. 5 Food & Water Watch, America’s Secret Water Crisis, October 2018, https://www.foodandwater watch.org/ insight/americas-secret-water-crisis. 6 See, e.g., NAACP Environmental and Climate Justice Program, Lights Out in the Cold: Reforming Utility Shut-Off Policies as if Human Rights Matter, March 2017, https://www.naacp.org/climate-justice-resources/lights- out-in-the-cold/. The consequences of poverty are literally fatal; for example, without electricity access, lives have been lost due to extreme heat and cold, as well as disconnection from life-saving devices like respirators and medicines requiring refrigeration.
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EMBARGOED – NOT FOR PUBLIC DISTRIBUTION EMBARGO LIFTED AT 12.01 AM ON APRIL 13, 2020 significant stimulus funds into the establishment of and access to distributed clean energy systems, especially rooftop and community solar. Distributed clean energy generation is vital to equitable community development, local job generation, and the energy security and resilience of communities in the long-term. As millions across the country face the threat of electricity shut-offs due to coronavirus- precipitated job losses, it is more apparent than ever that decentralized systems can help families generate their own power and decrease dependence on centralized utilities to weather such crises, only sure to rise in the face of growing wealth inequality and increasing climate impacts. 7 Moreover, we urge Congress to tackle our nation’s water affordability crisis head-on by fully funding municipal or rural water infrastructure through EPA’s State Revolving Loan Programs, USDA’s Rural Water Grant Program, and other grant programs, and by providing funds to help municipal, nonprofit or rural systems establish percentage-of-income payment plans for water, sewer and stormwater bills, with arrearage forgiveness for low-income households. With respect to broadband services, we urge Congress to provide substantial funding for emergency broadband connectivity programs, aimed at connecting low-income families and those experiencing job and income loss due to the pandemic, both to meet immediate need and to support those struggling through the impending recession. Similar treatment of other essential utilities is also urged.
Thank you for your consideration of this urgent request. 8
Sincerely,
Jean Su Chandra Farley Director, Energy Justice Program Just Energy Director CENTER FOR BIOLOGICAL DIVERSITY PARTNERSHIP FOR SOUTHERN EQUITY Convening Partner Convening Partner
Mary Grant Dana Floberg Public Water for All Campaign Director Policy Director FOOD & WATER ACTION FREE PRESS ACTION Convening Partner Convening Partner
Johanna Bozuwa Alissa Weinman Co-Manager, Climate & Energy Program Senior Organizer THE DEMOCRACY COLLABORATIVE CORPORATE ACCOUNTABILITY Convening Partner Convening Partner
7 See National Renewable Energy Laboratory, Distributed Energy Planning for Climate Resilience (2018), https://www.nrel.gov/docs/fy18osti/71310.pdf; see also See J.Farrell, Community Solar Power: Obstacles and Opportunities, The New Rules Project (2010), https://ilsr.org/wp-content/uploads/files/communitysolarpower2.pdf. 8 For any questions regarding this letter, please reach out to Jean Su at the Center for Biological Diversity ([email protected]) and Chandra Farley at the Partnership for Southern Equity ([email protected]).
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OCCUPY BERGEN COUNTY PEOPLE POWER SOLAR COOPERATIVE
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EOPLES LIMATE OVEMENT OCEANIC PRESERVATION SOCIETY P C M -NY
EOPLE S USTICE OUNCIL OFFICE OF PEACE, JUSTICE, AND P ' J C ECOLOGICAL INTEGRITY/SISTERS OF PEOPLESHUB CHARITY OF SAINT ELIZABETH "PHIL BERRIGAN MEMORIAL CHAPTER OF OIL CHANGE INTERNATIONAL VETERANS
ON BEHALF OF PLANET EARTH FOR PEACE"
ONE VOICE PHILADELPHIA AREA COOPERATIVE LLIANCE ONEAMERICA A
HYSICIANS FOR OCIAL ESPONSIBILITY OPAL ENVIRONMENTAL JUSTICE OREGON P S R
HYSICIANS FOR OCIAL ESPONSIBILITY OPEN BUFFALO P S R , AZ CHAPTER OPENMEDIA PHYSICIANS FOR SOCIAL RESPONSIBILITY, OREGON CITIZENS' UTILITY BOARD SAN FRANCISCO BAY AREA CHAPTER
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PHYSICIANS FOR SOCIAL RESPONSIBILITY- PUBLIC CITIZEN LOS ANGELES PUBLIC HEALTH AND SUSTAINABLE ENERGY PLYMOUTH FRIENDS FOR CLEAN WATER PUBLIC JUSTICE CENTER PODER PUBLIC KNOWLEDGE POOR PEOPLE'S ECONOMIC HUMAN RIGHTS UBLIC ANDS ROJECT CAMPAIGN P L P
UGET OUND AGE POPULAR RESISTANCE P S S
UFFALO PORTLAND RAGING GRANNIES PUSH B
ACHEL ARSON OUNCIL PORTLAND RAGING GRANNIES (PART OF R C C INTERNATIONAL RAGING GRANNIES) RAPID SHIFT
PORTSMOUTH PIKETON RESIDENTS FOR RARITAN HEADWATERS ENVIRONMENTAL SAFETY AND SECURITY (PRESS) RECLAIM OUR POWER: UTILITY JUSTICE CAMPAIGN POST CARBON INSTITUTE REDTAILED HAWK COLLECTIVE POST GROWTH INSTITUTE REDWOOD ALLIANCE POWER RENEWABLE ENERGY LONG ISLAND (RELI) POWER SHIFT NETWORK RESOURCE GENERATION PRESENTATION SISTERS RESOURCES FOR ORGANIZING AND SOCIAL PRESERVE GILES COUNTY CHANGE
PRESERVE MONROE RESTAURANT OPPORTUNITIES CENTERS
PRESERVE MONTGOMERY COUNTY VA (ROC) UNITED
ESTORE THE ELTA PROGRESSIVE DEMOCRATS OF AMERICA R D
IO RANDE ALLEY ROADBAND REAT PROGRESSIVE DEMOCRATS OF AMERICA - R G V B , G LD ROADS FOR ILDERNESS ARIZONA O B W
IVER UARDIAN OUNDATION PROGRESSIVE FOUNDATION / NUKE WATCH R G F
IVERKEEPER PSARA (PUGET SOUND ADVOCATES FOR R RETIREMENT ACTION) ROGUE CLIMATE
PSR AZ RONNIES HOUSE
PUBLIC BANKING INSTITUTE ROOTS ACTION
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SACRAMENTO CLIMATE COALITION SNAKE RIVER ALLIANCE
SAFE CLIMATE CAMPAIGN SOIL GENERATION
SAMUEL LAWRENCE FOUNDATION SOJOURNERS
SAN BERNARDINO VALLEY AUDUBON SOLAR UNITED NEIGHBORS SOCIETY SOLAR UNITED NEIGHBORS OF ARIZONA SAN LUIS OBISPO MOTHERS FOR PEACE SOLAR UNITED NEIGHBORS OF COLORADO SANE ENERGY PROJECT SOLAR UNITED NEIGHBORS OF DC SANTA BARBARA STANDING ROCK OLAR NITED EIGHBORS OF LORIDA COALITION S U N F
OLAR NITED EIGHBORS OF NDIANA SANTA CRUZ CLIMATE ACTION NETWORK S U N I
OLAR NITED EIGHBORS OF ARYLAND SAVE ANDREWS COUNTY S U N M
SAVE OUR ILLINOIS LAND SOLAR UNITED NEIGHBORS OF MINNESOTA
OLAR NITED EIGHBORS OF EW ERSEY SAY NO TO NECEC S U N N J
OLAR NITED EIGHBORS OF HIO SEATTLE WORKS S U N O
OLAR NITED EIGHBORS OF SEEDING SOVEREIGNTY S U N PENNSYLVANIA SENECA LAKE GUARDIAN SOLAR UNITED NEIGHBORS OF TEXAS SEQUOIA FORESTKEEPER® SOLAR UNITED NEIGHBORS OF VIRIGNIA SHAGBARK, INC. SOLAR UNITED NEIGHBORS OF WEST SHOWING UP FOR RACIAL JUSTICE VIRGINIA
SIDE WITH LOVE SOLIDARITYINFOSERVICE
SIERRA CLUB SOLSTICE INITIATIVE
SIERRA CLUB, NORTH JERSEY SOSSI- SAVING OUR SONS & SISTERS INTERNATIONAL SIGNAL FIRE SOULARDARITY SISTERS OF CHARITY SOUTH ASIAN FUND FOR EDUCATION, SISTERS OF CHARITY OF NEW YORK SCHOLARSHIP AND TRAINING ( SAFEST)
ISTERS OF ERCY S M SOUTH ASIAN FUND FOR EDUCATION, SCHOLARSHIP AND TRAINING (SAFEST) SISTERS OF MERCY OF THE AMERICAS JUSTICE TEAM
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SOUTH WARD ENVIRONMENTAL ALLIANCE SUNRISE NYC
SOUTHEAST SUSTAINABILITY DIRECTORS SUNRISE TACOMA NETWORK SUNRISE WILLIAMSBURG SOUTHERN CROSSROADS ORGANIZING UNRISE ORCESTER PROJECT S W
USQUEHANNA ROUP IERRA LUB SOUTHERN ECHO INC. S G S C
USTAINABLE GRICULTURE OF OUISVILLE SOUTHERN OREGON JOBS WITH JUSTICE S A L
USTAINABLE CONOMIES AW ENTER SOUTHERN POVERTY LAW CENTER ACTION S E L C FUND SUSTAINABLE ENERGY & ECONOMY ETWORK SOUTHFACE INSTITUTE N
USTAINABLE EDINA OUNTY SPARK NORTHWEST S M C
USTAIN SPOTTSWOODE WINERY, INC. S US
YNERGISTIC OLUTIONS STAND.EARTH S S
YRACUSE ULTURAL ORKERS STATEWIDE ORGANIZING FOR COMMUNITY S C W EMPOWERMENT (SOCM) TALLAHASSEE FOOD NETWORK
STEM PLAY THERAPY CENTER, INC. TCM
STOP FRACKED GAS PDX TEAMSTERS 117
SUGAR LAW CENTER FOR ECONOMIC AND TENNESSEE VALLEY ENERGY DEMOCRACY SOCIAL JUSTICE MOVEMENT
SULLIVAN ALLIANCE FOR SUSTAINABLE TESA COLLECTIVE DEVELOPMENT TEXAS CAMPAIGN FOR THE ENVIRONMENT SUMMECH COMMUNITY DEVELOPMENT CORPORATION TEXAS INTERFAITH CENTER FOR PUBLIC POLICY/TEXAS IMPACT SUNFLOWER ALLIANCE TEXAS LEGAL SERVICES CENTER SUNRISE BAY AREA THAI COMMUNITY DEVELOPMENT CENTER SUNRISE MOVEMENT THE ALASKA CENTER SUNRISE MOVEMENT KNOXVILLE THE BLACK HERITAGE MUSEUM & SUNRISE MOVEMENT PHILADELPHIA CULTURAL CENTER, INC.
SUNRISE MOVEMENT SANTA BARBARA THE CLEO INSTITUTE
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THE CLIMATE CENTER UBUNTU COMMUNITY CATALYST
THE CLIMATE MOBILIZATION UNEXPECTED WILDLIFE REFUGE
THE CLIMATE MOBILIZATION: HOBOKEN UNION FOR REFORM JUDAISM CHAPTER UNION OF CONCERNED SCIENTISTS THE CLIMATE REALITY PROJECT: MEMPHIS NITARIAN NIVERSALIST SSOCIATION AND MID-SOUTH REGIONAL CHAPTER U U A
NITARIAN NIVERSALIST INISTRY FOR THE DEMOCRACY COLLABORATIVE U U M EARTH THE ENVIRO SHOW UNITARIAN UNIVERSALIST SERVICE THE GREENLINING INSTITUTE COMMITTEE
THE IMANI GROUP INC UNITED CHURCH OF CHRIST, JUSTICE AND WITNESS MINISTRIES THE NATURAL HISTORY MUSEUM UNITED CHURCH OF CHRIST, OFFICE OF HE RIGINAL NITED ITIZENS OF T O U C COMMUNICATION, INC. SOUTHWEST DETROIT UNITED METHODIST WOMEN THE PEOPLE’S JUSTICE COUNCIL UNITED PARENTS AGAINST LEAD THE POST-LANDFILL ACTION NETWORK UNIVERSITY OF CALIFORNIA, DAVIS THE RESISTANCE CAFE UNIVERSITY OF OREGON CLIMATE JUSTICE HE OLUTIONS ROJECT T S P LEAGUE
HOMAS ERRY ORUM T B F UPLIFT
TOXIC FREE NC UPROSE
TOXICS ACTION CENTER UPSTREAM PODCAST
RANS ORMATION LLIANCE T F A URANIUM WATCH
REE AN IEGO T S D UTAH PHYSICIANS FOR A HEALTHY ENVIRONMENT TUCSON CLIMATE ACTION NETWORK
UU CONGREGATION OF BINGHAMTON, TUGGLE PTA GREEN SANCTUARY TURTLE ISLAND RESTORATION NETWORK UUJEC TWO RABBITS UW CENTER FOR ONE HEALTH RESEARCH U.S. FEDERATION OF WORKER VERDE COOPERATIVES
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VERMONT WORKERS CENTER WOMENS' INTERNATIONAL LEAGUE FOR PEACE AND FREEDOM- BOSTON BRANCH VERMONT YANKEE DECOMMISSIONING ALLIANCE WORK FOR ME, DTE
VILLAGE OF WISDOM WVCBP
VIRGINIA CITIZENS CONSUMER COUNCIL WWW.SAFEENERGYANALYST.ORG
VIRGINIA ENVIRONMENTAL JUSTICE YALE ENDOWMENT JUSTICE COALITION COLLABORATIVE YOUNG DEMOCRATS OF AMERICA VOTE CLIMATE ENVIRONMENTAL CAUCUS
VOTE SOLAR
WA STATE LEAGUE OF UNITED LATIN AMERICAN CITIZENS (LULAC)
WATER PROTECTOR LEGAL COLLECTIVE
WE ACT FOR ENVIRONMENTAL JUSTICE
WE OWN IT
WE WANT GREEN TOO
WELLSTONE DEMOCRATIC RENEWAL CLUB
WESPAC
WEST ATLANTA WATERSHED ALLIANCE, INC.
WEST END REVITALIZATION ASSOCIATION (WERA)
WESTERN WATERSHEDS PROJECT
WHITE RABBIT GROVE RDNA
WHOLE SUN DESIGNS INC.
WILDEARTH GUARDIANS
WILLIAM C. VELASQUEZ INSTITUTE
WINNESHIEK ENERGY DISTRICT
WOMEN ORGANIZING RESOURCES, KNOWLEDGE AND SERVICES (WORKS)
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