Stop Shut-Offs During Shutdowns Act

Bill Number

S. 3222

Origin Chamber

Senate

Congress

119th Congress, Session 1

Policy Area

Energy

Status

Introduced

Latest Action

2025-11-19: Read twice and referred to the Committee on Energy and Natural Resources.

Last Updated

2026-03-24T12:48:03Z

AI-Generated Summary

Purpose of the Legislation

The "Stop Shut-Offs During Shutdowns Act" (S. 3222) aims to protect electric and natural gas consumers from service disconnections during federal government shutdowns, specifically lapses in funding for the Department of Health and Human Services (HHS). It expresses Congress's view on the need for a nationwide moratorium on such disconnections and enacts legal protections to ensure essential utility services remain uninterrupted for those unable to pay.

Key Provisions

• Sense of Congress (Section 2): Declares that during any lapse in interim or full-year appropriations for HHS, state regulatory authorities (bodies that oversee utilities) and electric or natural gas utilities should:
• Prohibit termination of service due to inability to pay.
• Make reasonable efforts to safely reconnect affected consumers without charging reconnection fees.
• Waive late fees and other penalties.
• Avoid any increases in service costs passed on to consumers.
• Amendments to Existing Law (Section 3): Modifies Section 115(g) of the Public Utility Regulatory Policies Act of 1978 (PURPA), a federal law that sets standards for utility procedures:
• Adds a new rule prohibiting electric utilities from terminating service to any electric consumer during periods when HHS appropriations are not in effect (e.g., government shutdowns).
• Requires utilities to follow fair procedures for handling payment issues, with the new shutdown protection integrated into these rules.
• Allows utilities to seek recovery of costs incurred from complying with the shutdown protection rule, but only through an alternative mechanism approved by a state regulatory authority after public input. Recovery is permitted if costs are deemed substantial, reasonably incurred, and not recoverable through standard rates, market prices, or other funding.

Significant Changes to Existing Law

• Expands PURPA's consumer protection procedures (which previously addressed issues like winter disconnections or medical needs) to explicitly include a blanket ban on electric service terminations during HHS funding lapses.
• Introduces a structured process for utilities to recover compliance costs, preventing retroactive charges to the consumers who would have been disconnected, while giving state regulators discretion to approve alternative funding methods.
• The "sense of Congress" provision is non-binding but signals strong federal intent for similar protections to apply to natural gas utilities, even though the enforceable amendment focuses on electric service.

Potential Impacts

• On Citizens: Prevents vulnerable households—especially low-income or those relying on electricity for medical devices—from losing power or heat during government shutdowns, reducing risks to health and safety.
• On Government Agencies: Indirectly affects HHS by linking its funding stability to utility protections; may encourage faster resolution of shutdowns to avoid broader service disruptions.
• On Utilities and Regulators: Electric utilities face operational constraints during shutdowns but gain pathways for cost recovery, potentially stabilizing their finances. State regulatory authorities will need to handle new oversight, including cost-recovery approvals, increasing administrative workload.
• International Relations: No direct impact, as the bill focuses on domestic utility services.

Main Stakeholders Affected

• Electric and Natural Gas Consumers: Primary beneficiaries, particularly those facing payment challenges during economic uncertainty from shutdowns.
• Electric and Natural Gas Utilities: Must comply with disconnection bans and reconnection efforts, with potential cost-recovery options to offset losses.
• State Regulatory Authorities: Responsible for enforcing procedures, approving cost recovery, and ensuring compliance, acting as intermediaries between federal law and local utilities.
• Department of Health and Human Services (HHS): Funding lapses trigger protections, tying agency budget stability to consumer utility access.
• Federal Government: Congress and the executive branch are influenced by the bill's emphasis on mitigating shutdown harms.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens federal consumer protections under PURPA by addressing modern risks from government funding gaps, but limits enforcement to electric service (natural gas relies on the non-binding sense of Congress). Cost-recovery provisions balance utility burdens with anti-consumer-surcharge safeguards, potentially leading to state-level litigation if recovery mechanisms are disputed.
• Constitutional: Aligns with Congress's commerce clause authority to regulate interstate utilities; no apparent conflicts with states' rights, as implementation involves state regulators.
• Political: Highlights bipartisan concern (introduced by Senators from both parties) over shutdown consequences, potentially pressuring future budgets to avoid lapses. It underscores utilities as essential infrastructure, influencing debates on government funding reliability without mandating broader shutdown reforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Sen. Markey, Edward J. [D-MA]

Cosponsors (4)

Sen. Gillibrand, Kirsten E. [D-NY], Sen. Blumenthal, Richard [D-CT], Sen. Wyden, Ron [D-OR], Sen. Duckworth, Tammy [D-IL]

Recent Actions

• 2025-11-19: Read twice and referred to the Committee on Energy and Natural Resources.
• 2025-11-19: Introduced in Senate

Bill Versions

• Stop Shut-Offs During Shutdowns Act — issued 2025-11-19 — PDF (5 pages)