Amends TCA Title 7; Title 65 and Title 68.

This bill requires a utility to provide a refund or reimbursement, or a rebate against future billing for a vital utility service, to a customer who experiences a loss for 12 consecutive hours or 12 cumulative hours over a 24-hour period ("an extended interruption or loss"), or a permanent loss, of a vital utility service if the loss or interruption was the direct result of the following: (1) The utility's failure to maintain, repair, or secure its network, equipment, or property, when the utility knew or should have known about the need for the maintenance, repair, or security in advance of the interruption or loss; (2) The utility's negligence or gross negligence in maintaining, repairing, or securing its network, equipment, or property, or in providing the service; or (3) The utility's willful or intentional conduct that led to the loss or interruption. A utility that is required to provide a refund, reimbursement, or rebate must provide one that is equal to the actual costs reasonably and necessarily incurred by a customer as a direct result of the interruption or loss within six months of the date the utility received a claim filed by the customer. CLAIM FILING SYSTEM By July 1, 2024, or within one year after a utility is formed, whichever is later, this bill requires a utility to implement a claim filing system for use by the utility's customers for purposes of submitting a claim for a refund, reimbursement, or rebate as described above. The system must include the capacity of accepting a claim filed either electronically or in person. A utility must provide notice to its customers about the system within five days following a permanent or extended interruption or loss of a vital utility service, as well as in the next invoice or billing statement delivered to each customer immediately after a permanent or extended interruption or loss, and must include the following information: (1) What constitutes an extended interruption or loss of a vital utility service; (2) Acknowledgement of the extended interruption or loss; (3) What services are considered a vital utility service; (4) Whether the loss resulted from conduct of the utility; (5) Instructions on how to file a claim using the system; (6) The timeframe in which the utility must issue a refund, reimbursement, or rebate; (7) A description of recoverable amounts; and (8) The customer's right to bring a civil action for a utility's violation of this bill. This bill authorizes a utility to require a customer making a claim to reasonably demonstrate and provide evidence for the claimed damages and costs, excluding the actual billing rates at which the utility will be charged with computing. CIVIL ACTION This bill authorizes a customer, in addition to filing a claim with the utility, to bring a civil action against the utility in the chancery court or circuit court in the jurisdiction within the county in which the customer receives the vital utility service. However, a civil action must not be filed more than one year after the customer's receipt of the required notice from the utility. A court that finds a utility violated this bill may award the following to the customer: (1) Compensatory damages; (2) Prejudgment interest; (3) Reasonable attorneys' fees; and (4) Other legal or equitable relief. APPLICABILITY This bill applies to extended interruptions or losses, or permanent losses, of vital utility services occurring on or after July 1, 2023.