As heat deaths rise, gaps in summer shutoff protections leave low‑income households exposed

As extreme heat becomes the leading cause of weather-related deaths in the United States, consumer advocates warn that gaps in protections against utility shutoffs are leaving low-income households dangerously exposed during increasingly hot summers.

Federal and state programs that shield customers from winter shutoffs are far more common than summer safeguards, leaving millions with inconsistent access to cooling when temperatures climb and electricity bills spike. Twenty-six states and the District of Columbia offer direct assistance with summer energy bills, and 21 states plus D.C. have explicit policies protecting low-income families from utility disconnections during summer months. By contrast, 41 states have so-called cold weather rules that bar households from being cut off during extreme cold.

The growing toll from heat is stark. An Associated Press analysis of Centers for Disease Control and Prevention data found that more than 2,300 summer deaths in 2023 referenced excessive heat on death certificates — the highest number in 45 years of records and likely an undercount, according to coroner, hospital and ambulance records reviewed by AP. The U.S. Environmental Protection Agency says the frequency, duration and intensity of extreme heat waves have increased significantly in recent decades.

At the same time, the cost of electricity has risen about twice as fast as overall living costs, worsening affordability for households that already spend a large share of income on energy. The National Energy Assistance Directors Association, which represents state LIHEAP program managers, estimates that almost 20% of very low-income families lack consistent access to cooling.

The federal Low Income Home Energy Assistance Program, or LIHEAP, is structured primarily to help with winter heating and currently channels roughly 85% of its resources toward heating needs, state program managers and advocates say. LIHEAP can also provide summer help in some places, including delivering air conditioning units to households that cannot afford them, but funding and program rules often leave cooling needs undersupported.

"Rules that were written thirty years ago, that were adequate for winter, are not adequate for the summer," said Mark Wolfe, executive director of NEADA. "How do we protect vulnerable households both during periods of extreme heat and extreme cold? The rules haven’t caught up."

Front-line workers describe how the gap plays out in individual lives. Shylee Johnson, 27, who worked for three years as a case manager in Wichita, Kansas, said local Low Income Energy Assistance Program subsidies had been effective at preventing winter shutoffs, allowing families to avoid choosing between heating and other household expenses. But she said she frequently saw families lose electricity in the summer after missed or late payments, even when air conditioning was vital for the health of young children, pregnant people and household members who rely on electrically powered medical equipment.

"It was amazing at keeping people's electricity on in the winter," Johnson said of the program. "In the summer, though, it's terrifying. There's a 'cold weather rule' — in freezing temperatures, your heat can't be turned off. But there isn't an equivalent for summer in Kansas."

Karen Lusson, a senior attorney at the National Consumer Law Center who focuses on energy affordability, said many heat-related deaths are preventable with adequate protections and supports. She urged consumers to learn the specifics of their state rules, noting that protections vary widely and may be based on calendar dates or on temperature thresholds and heat advisories.

State utility commissions set local rules for regulated utilities, and some utilities offer discount rates or percentage-of-income payment plans that can reduce the risk of disconnection. Lusson recommended that people consult their state regulatory commission’s website, use LIHEAP resources to find local assistance, and check whether their state attorney general’s office has a public utilities bureau to advocate for consumers.

Advocates also pointed to a recent staffing disruption at LIHEAP. The program experienced a mass firing of its staff in April under the Trump administration, a move that advocates say disrupted program continuity. Despite that upheaval, Wolfe and Lusson said they were hopeful Congress would approve slightly increased LIHEAP funding in the coming fiscal year to help states expand summer assistance.

Policy experts emphasize that differences in how protections are structured matter for planning. Some states forbid shutoffs during specific summer months, while others make protections contingent on daily temperatures or the issuance of heat advisories, which can leave households uncertain about when help will be available.

Public-health officials and advocates say bolstering summer protections will become increasingly urgent as climate change drives hotter, longer heat waves. Without stronger state and federal measures to ensure affordable access to cooling, low-income families and medically vulnerable individuals will remain at elevated risk during the hottest months of the year.