HomeMy WebLinkAbout08. Adopt Reso Adopting Policy on Discontinuation of Residential Wtr Srvcs for NonpaymentI[rCi l i, Ll
APPROVED ;
CITY MANAGER
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: OFFICE OF
GANDHY, DIRECTOR FINANCE & ADMINISTRATION
DATE: c
SUBJECT: ESTABLISHING AND ADOPTING POLICY ON DISCONTINUATION OF
RESIDENTIAL WATER SERVICE FOR NONPAYMENT IN COMPLIANCE
SHUTOFFWATER • •
It is recommended that the City Council adopt the below Resolution titled:
` i i i' • •, • i
• '_Ah H
On September 28, 2018, the Governor approved Senate Bill 998 (SB 998). SB 998 requires
water suppliers to have a written policy on the discontinuation of residential water service
for nonpayment and provide that policy in English, Spanish, Chinese, Tagalog, Vietnamese,
and Korean, make the policy available on the City's website, and to provide a copy to
customers upon request. SB 998 also requires that the City must report annually on its
Website and to the State Water Resources Control Board the number of service
discontinuations for nonpayment. The City is required to comply with SB 998 by February 1,
2020.
Some of the key aspects that will change under the new proposed policy to comply with SB 998
are as follows:
1. No discontinuation until the payment has been delinquent for 60 days (current procedure
is shut off after 55 days).
2. A written or telephone notice to customers at least 7 business days before
discontinuation of service. (Current procedure is written notice (Past Due Notice) mailed
out approximately 29 days before the shut off day and a courtesy call by City a day
before the shut off).
3. No discontinuation if customer meets all of the following conditions: (a) Health
Conditions (b) Financial Inability (c) Alternative Payment Arrangements where the
customer is willing to enter into an alternative payment plan.
4. New guidelines to be followed by the City for reconnection fees for low income
customers.
5. New guidelines for Landlord/Tenant situations: SB 998 requires a written notice to
residential occupant at least 10 business days prior to shut off for individually metered
multi -unit residential.
ADOPTION OF CITY POLICY ON DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR
NONPAYMENT
JANUARY 28, 2020
PAGE 2
All of the above are described in detail in the attached new proposed policy.
Adoption of this policy will keep the City of Downey current and compliant with State law.
The City will not be collecting full cost recovery for performing water service shutoffs for low
income customers. Extending payment terms to customers can create a situation where they
become up to 4 months past due before service is shut off for non-payment.
In order to comply with new State law by February 1, 2020, staff recommends the City Council
of the City of Downey adopt the attached Resolution, approving and adopting the City's Policy.
COUNCILCITY
Public Information • Engageme
Fiscal Responsibility
Implementing this policy will result in an increase in staff time. To help offset this cost staff
has proposed minimal fees to be added to the City's fee structure which are detailed in a
separate Council Agenda Item for the January 28, 2020 meeting.
ATTACHMENTS:
Attachment A: Resolution
Attachment B: Policy on Discontinuation of Residential Water Service for nonpayment
Attachment C: SB 998
V1
WHEREAS, on September 28, 2018, Senate Bill No. 998 (SB 998) pertaining to
discontinuation of residential water service for urban and community water systems was signed
into law by the Governor of California; and
WHEREAS, SB 998 was added to Chapter 6, commencing with Section 116900 of the
California Health and Safety Code; and
WHEREAS, SB 998 requires urban water suppliers to have a written policy on
discontinuation of residential water service for nonpayment; to provide the policy in English,
Spanish, Chinese, Tagalog, Vietnamese, and Korean; to make the policy available on the City's
website; and to provide a copy to customers upon request; and
WHEREAS, the written policy must, among other requirements, prohibit discontinuing
residential water service for nonpayment until the customer has been delinquent for at least 60
calendar days; and
WHEREAS, the City of Downey is an urban water supplier as defined by Section 10617
of the Water Code.
• • ' i • " i i • i • ,
SECTION 1. The City's Policy on Discontinuation of Residential Water Service for
Nonpayment is hereby approved, adopted, and ordered filed with the City Clerk;
SECTION 2. The Director of Finance, the Director of Public Works, or their designees
are hereby authorized to modify elements of the City's Policy on Discontinuation of Residential
Water Service for Nonpayment from time to time as may be necessary to reflect changing
conditions;
SECTION 3. That City Clerk shall certify to the adoption of this Resolution.
UUM
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of
the City
• Downey at a regular meeting held •; the 1 1th •_ • -• 2020, • the following
• to wit:
N1 -M
Sol
Purpose; This Policy on Discontinuation of Residential Water Service for nonpayment
("Policy") has been established to comply with Senate Bill 998, known as the "Water Shuto
Protection Acf 'signed into law on September 28, 2018 (SB 998) and effective on February
2020. 11
1. A
pplication of Policy; Contact Telephone Number,: This policy shall apply
only to residential water service ibr no r payme nt. This Policy shal I I . be made available on the City
of Downey website. The City's Utilities Division can be contacted by phone at (562) 904-7246
for assistance concerning the payment of water bills and to discuss payment options/alternative
plans to avoid termination of residential water service for nonpayment.
This policy and the written notices required in the policy shall be available and published in
English and the languages listed in the Section 1632 of Civil Code, which includes Spanish,
Chinese, Tagalog, Vietnamese, Korean and any other language spoken by at least ten perceni
(10%) of the people residing in the City.
E 1. D...is.c..ontinuation of.Residential Water Service for Nonpayment:
A. Rendering and Pavinent ofBills: Bills for water service will be presented to
each residential customer on a bi-monthly basis, unless otherwise provided for in the City's rate
schedules. Bills for services are due and payable upon presentation and become subject to
discontinuation of service if not paid within sixty (60) calendar days from the date of the bill. It
is the residential customer's responsibility to assure that payments must be received by the City
of Downey -Finance Department in a timely manner Partial payments are not authorized, unless
prior approval has been received from the Finance Director or his or her designee. Postmarks are
not acceptable. City shall contact the residential customer no less than seven (7) business days by
telephone OR written notice prior to discontinuation of water service.
B. Written Notice Reauirements: The following rules apply to residential
customers whose bills remain unpaid for more than twenty-one (21) calendar days following the
bill date. :
1. A Past Due Notice: A Past Due Notice will be mailed to customers with account
balances of $25.00 or more that remain unpaid for more than twenty one (21)
calendar days following the bill date and will be charged a late fee. If the residential
customer's mailing (billing) address is not the same as the service address , and the
account balance remains unpaid for more than forty (40) calendar days following the
bill date, the Past Due Notice will also be sent to the service address addressed to
"Occupant.91
2. Good Faith Notice: If the City is not able to contact the residential customer by
written notice (e.g., a mailed notice is returned as undeliverable) or if payment is n
received by the Due Date listed on the Past De Notice, a Water Disconnection Noti
("Red Tag") will be hung on the door of the residence receiving water service and I
H
special notice fee will be added to the next bill. A link to the City's policy on
Discontinuation of Residential Water Service will be available on the Red Tag.
Additionally a copy of the City's policy on Discontinuation of Residential Water
Service can be provided upon request by calling (562) 904-7246 or can be obtained
on the City's website.
9. Courtesy Call: No less than seven (7) business days before discontinuation of water
service, the City will provide notice to the residential customer of the impending
discontinuation of water service by telephone. This courtesy call shall serve as the
City's final attempt to collect the past due amount prior to disconnection. In that
courtesy call, the City shall offer to provide the residential customer with a copy of
this Policy and upon request provide the residential customer the options for
alternative payments, as described in Section III, below, and the procedures for
review and appeal of the customer's bill, as described in Section IV, below.
C. Notification ql'Returned Check:
I . Returned Check Tendered as Pavment for Water Service. Upon receipt of a returned
check rendered as remittance for water service or other charges, the City will consider
the account not paid. The City will attempt to notify the residential customer by
leaving a Notice of Termination of Water Service ("Yellow Tag") at the service
address. Water service will be disconnected if the amount of the returned check and
returned check charge are not paid by the deadline specified on the Notice, which
shall not be sooner than the sixtieth (601h) calendar. day after the invoice for which
payment by the returned check had been made. To redeem a returned check and to
pay a returned check charge, all amounts owing must be paid by cash or certified
funds.
2. Returned Check to Restore Disconnected Water Service:
If the check tendered and accepted as payment which resulted in restoring service to n
account that had been disconnected for nonpayment is returned as non-negotiable, the
City may disconnect said water service upon at least three (3) business days' written
notice. The customer's account may only be reinstated by receipt of outstanding
charges in the form of cash or certified funds. Once the customer's account has been
reinstated, the account will be flagged for a one-year period and the City may require
the customer to pay cash or certified funds.
D. Conditions Prohibitinz Discontinuation: The City shall not discontinue residential
water service if all of the following conditions are met:
1. Health Conditions — The residential customer or tenant residing in the premises
receiving water service submits certification of a primary care provider that
discontinuation of water service would (i) be life threatening, or (ii) pose a serious
threat to the health and safety of a resident; AND
C Financial Inabilitv — The residential customer is deemed "financially unable to payL
if any member of the customer's household is: (i) a current recipient of the following
benefits: CalWORKS, CalFresh, general assistance, Medi -Cal, SSI/State
Supplementary Payment Program or California Special Supplemental Nutrition
01
i• for • Infants and • • (ii) the residential customer •
the household's annual income is less than 200% of the federal poverty level; AND
3. Alternative Pavment Arran
.gRMents —The residential customer is willing to enter
into an alternative •. schedule/plan • with the provisions • Section
III, below.
E. Process for Determination o Conditions Prohibitinv_ Discontinuation
Service: The burden of proving compliance with the conditions in Subdivision (D) is on the
residential customer • the tenant as described .i• Upon • • such documentation, the
City's Director of Finance, or his or her designee, shall review the documentation submitted by
the residential customer, and respond to the customer within seven (7) • days to either
request additional information, including information relating to the feasibility • the available
alternative arrangements, or to notify the customer of the alternative payment arrangement, and
terms thereof, under Section 111, below, in which the City will allow the customer to participate.
If the City has requested additional information, the residential customer shall provide the
requested information within five (5) • days •. receipt • the City's request. The City
shall either notify the customer that the customer does not meet the conditions under Subdivision
(D), above, • • the customer •' the alternative •.;` arrangement.
F. Special Rules for Low Income Customers: If residential customers are determined by
City
• have a household • below 200% • the federal r• line pursuant to • 11
(D) (2), then residential
• will • for the following reconnection fee:
1. Reconnection Fees: Reconnection fees for reconnection of water service during the
City's normal operating hours shall be $50. Reconnection fees for reconnection of
water service during the City's non -operational hours shall be $150. After January 2,
2021, these fees will be automatically adjusted pursuant to the Consumer Price Index
(CPI) Los • Area for the month ending August 3 1.
G. Landlord- Tenant: The below discontinuation of residential water service procedures
• apply when the City furnishes individually metered residential water services to each unit •
the following; •. dwelling units, multi -unit residential structures, and mobile home parks
where the property • • manager is the customer of record.
1. Rectuired Notice:
a. The City will make a good faith effort to inform the tenants/occupants of the
premises receiving water service by written notice that the water service will be
discontinued. Such notice will be provided at least ten (10) business days prior to the
date water disconnection is scheduled • a multi -unit residential structure • mobile
home •. and seven (7) business •. prior if the property is a detached single-
family dwelling units.
b. The notice will also inform the tenants/occupants that they have the right to
become customers to whom the service will be billed (see Subdivision 2, below
without having to pay any of the delinquent amounts.
C. Tenants/Occuoants Becornitw, Ctistomers: The City is not required to make
• water service available to the tenants/occupants • multi -unit residential
structure
• mobile • park • detached • family dwelling units,. . However,
if (i) one
• • of the tenants/occupants assumes responsibility for subsequent
charges to the account to the City's satisfaction, or (ii) there is a means to discontinue
service to those tenants/occupants who have not met the City's requirements, then the
City may make service available only to those tenants/occupants who have met the
requirements.
111.
• Pavment Arrangements: For any residential customer who meets
7o—
the three nditions under Section 11 (D), above, in accordance with the process set forth in
Section 11 (E), above, the City shall offer the residential customer an alternative payment plan as
follows:
1. The Director of Finance, or his or her designee, shall, in the exercise of reasonable
discretion, select the most appropriate alternative payment plan after reviewing the
information and documentation provided by the customer.
2. Repayment Period: The residential customer shall pay the unpaid balance, with the
administrative fee as specified in Subdivision (2), below, over a period not to exceei
twelve (12) months, as determined by the City's Director of Finance or his or her
designee.
3. Administrative Fee: For any approved payment plan, the •' customer may bo
charged an administrative fee, in the amount established by the City from time t*
time, representing the staff and administrative cost to the City of initiating ani
administering the •. plan.
4. Schedule: After consulting with the residential customer and considering the
residential customer's financial limitations, the City's Director of Finance or his or
her designee is authorized to determine the payment plan options the residential
customer may select provided that the repayment on any remaining outstanding
balance • within 12 months of establishment • the payment plan. The agreed
upon payment plan shall be set forth in writing and signed by the City and the
•` customer.
5. Comoliance witli Plan: The residential customer must comply with the agreed upon
payment schedule and remain current as charges accrue in each subsequent billing
period. The residential customer may not request a longer •... schedule for any
subsequent unpaid charges while paying delinquent charges pursuant to a previously
agreed upon schedule. Where the residential customer fails to comply with the terms
of the payment plan for sixty (60) days or more, or fails to pay the customer's current
service charges for sixty (60) days or more, the City may discontinue residential
water service to the customer's property no sooner than five (5) business days after
the City posts at the • residence a final notice • its intent to discontinue
• water service.
IV. Appeals: The following procedure shall apply for appeals of water usage charges set
• in any • for • water service:
.19
A. Thne lbr Appea : Prior to the Due Date • the Past Due Notice the residential
customer has a right to file an appeal related to the charges contained in the bill. Such appeal
shall be made in writing and be delivered to the Finance Department Cashier. In order to initiate
review by the City a minimum payment shall be made in the amount of the customer's average
bill calculated by using the past five years, • less if unavailable, for the billing period in
question at the time of appeal while the appeal and any related investigation are pending, the
City will
• discontinue residential water service to the customer.
Appeal Review: Following receipt of an appeal and the required minimum
payment, a review of the appeal shall be conducted by the Director of Public Works,
• his • her designee. After evaluation • the evidence provided by the •-
•, and the information • file with the City concerning the water charges in
question, the Director •. Public Works, or his • her designee shall render a decision
in writing no later than forty-five (45) business days after a completed appeal has
been filed and minimum payment made.
I . If water
•- are determined to be incorrect, an adjustment will be made to the
account and payment of the revised charges will be due within ten (10) calendar days
of the adjustment. If the revised charges remain unpaid for more than sixty (60)
calendar days after the initial bill date • ten (10) calendar days after the adjustment,
whichever is later, water service will be disconnected on the next regular working
day.
2. If the water charges in question are determined to be correct, the water charges are
due and payable at the time the Director of Public Works, or his or her designee's
decision is rendered.
V. Restoration of Service: In order to resume or continue service that has been
discontinued by the City due to nonpayment, the residential customer must pay the past due
balance and a Water Service Reconnection Fee established • the City, subject to the limitation
set
• in Section II(F), ,r• The City will endeavor to make such reconnection as soon as
practicable as a • to the residential • The City shall reconnect water service
no later than the end of the next regular working day following the residential customer's request
• payment • any applicable Reconnection Fee.
V1. Reportjp g Rectuirements: The City shall annually report on the City's website the
number of discontinuations of residential water service due to inability to pay and said reporl
shall be submitted to the State Water Resources Control Board as required by law.
0
AUTHENTICATED
Senate Bill No. 998
Fsjr�, a I
[Approved by Governor September 28, 2018. Filed with
Secretary of State September 28, 2018.]
LEGISLATIVE COUNSEL'S DIGEST
SB 998, Dodd. Discontinuation of residential water service: urban and
community water systems -
Existing law, the California Safe Drinking Water Act, requires the State
Water Resources Control Board to administer provisions relating to the
regulation of drinking water to protect public licalth. Existing law declares
it to be the established policy of the state that every human being has the
right to safe, clean, affordable, and accessible water adequate for human
consumption, cooking, and sanitary purposes.
Under existing law, the Public Utilities Commission has regulatory
authority over public tuilitics, including water corporations. Existing law
requires certain notice to be given before a water corporation, public utility
district, municipal utility district, or a municipally owned or operated public
utility furnishing water may terminate residential service for nonpayment
of a delinquent accoutiL as prescribed.
This bill would require an urban and community water system, defined
as a public water system that supplies water to more than 200 set -vice
connections, to have a written policy on discontinuation of water service to
certain types of residences for nonpayment available in prescribed languages.
The bill would require the policy to include certain components, be available
On the system's Internet Web site, and be provided to customers in writing,
upon request. The bill would provide for enforcement of these provisions,
including making a violation of these provisions punishable by a civil penalty
issued by the board in an aniount not to exceed $ 1,000 for each day in which
the violation occurs, and would require the enforcement moneys collected
by the board to be deposited in the Safe Drinking Water Account, The bill
would prohibit an urban and community water system from discontinuing
residential service for nonpayment until a payment by a customer has been
delinquent for at least 60 days. 'rhe bill would require an urban and
community water system to contact the customer named on the account and
provide the customer with the urban and community water system's policy
on discontinuation of residential service for nonpayment no less than 7
business days before discontinuation of residential service, as prescribed.
This bill would prohibit residential service from being discontinued under
specified circumstances. The bill would require an urban and community
911
Ch. 891 —2—
water system that discontinues residential service to provide the customer
with information on how to restore service. The bill would require an urban
and community water system to waive interest charges on delinquent bills
for, and would limit the amount of a reconnection of service fee imposed
on, a residential customer who demonstrates, as prescribed, to the urban
and community water system household income below 200% of the federal
poverty line. The bill would require an urban and community water system
that ftimishes individually Metered residential service to residential occupants
of a detached single-family dwelling, a multiunit structure, rilobilehome
park, or permanent residential structure in labor camp, and that the owner,
nianagcr, or operator of the dwelling, structure, or park is the customer of
record, to make every good faith effort to inform the residential occupants
by written notice that service will be terminated and that the residential
occupants have the right to become customers, as specified. The bill would
require an urban and community'water system to report the number of annual
discontinuations or residential service for inability to pay oil its Internet
Web site and to the board, and the bill would require the board to post on
its Internet Web site the information reported. The bill would require an
urban water supplier, as defined, or an urban and community water system
regulated by the commission, to comply with the bill's provisions on and
aticr February 1, 2020, and any other urban and community water system
to comply with the bill's provisions on and after April 1, 2020. The bill
would provide that the provisions of the bill are in addition to the provisions
in existing law duplicative of the bill and that where tile provisions are
inconsistent, the provisions described in the bill apply.
SECTION 1. The Legislature finds and declares as follows:
(a) All Californians have the right to safe, accessible, and affordable
water as declared by Section 106.3 of the Water Code.
(b) It is the intent of the Legislature to minimize the number of
Californians who lose access to water service due to inability to pay.
(c) Water scry ice discontinuations threaten hurnan health and well-being,
and have disproportionate impact on infants, children, the elderly,
low-income families, communities of color, people for whom English is a
second language, physically disabled persons, and persons with
life-threatening medical conditions.
(d) When there is a delinquent bill, all Californians, regardless of whether
they pay a water bill directly, should be treated fairly, and fair treatment
includes the ability to contest a bill, seek alternative payment schedules,
and demonstrate medical need and severe economic hardship.
(c) 'rhe loss of water service causes tremendous hardship and undue
stress, including increased health risks to vulnerable population,,;,
(f) It is the intent of the legislature that this act provide additional
procedural protections and expand upon the procedural safeguards contained
a
-3— C. 891
#TftT=VZM=TV MIMMIETTL J; n77=77 -ft",
relating to utility service disconnections.
SEC.2. Chapter 6 (commencing with Section 116900) is added to Part
12 of Division 104 of the Health and Safety Code, to read:
116900. This chapter shall be known, and may be cited, as the Water
Shutoff Protection Act.
116902. For the purposes of this chapter, the following definitions apply:
(a) "Board" means the State Water Resources Control Board.
(b) "Public water system" has the same meaning as defined in Section
116275.
(c) "Residential service" means water service to a residential connection
including, but not limited to, mobilehomes in mobilchome parks, or
farmworker housing.
(d) "Urban and community water system" means a public water system
that supplies water to more than 200 service connections.
(e) "Urban water supplier" has the same meaning as defined in Section
10617 of the Water Code.
116904. (a) An urban water supplier not regulated by the Public Utilities
S17U--,M7 1�LIVX.C.Alk
(b) An urban and community water system regulated by the Public
1, 2020. The urban and community water system regulated by the Public
•
other language spoken by at least 10 percent of the people residing in its
service area. The policy shall include all of the following:
(1) A plan for deferred or reduced payments.
(2) Alternative payment schedules.
(3) A formal mechanism for a customer to contest or appeal a bill.
(4) A telephone number for a customer to contact to discuss options for
averting discontinuation of residential service for nonpayment.
(b) The policy shall be available on the urban and community water
met Web site. if an Internet Web site exists. If an Internet Web
M
Ch. 891 —4—
and
f i (commencing with Section116700) of fapply to
enforcement undertaken for a violation of this section.
(2) All moneys collected pursuant to this subdivision shall be deposited
in the Safe Drinking WaterAccount established pursuant to Section 116590.
116908. (a) (1) (A) An urban and community water system shall not
go-iATj less than seven business d s
\wztgrVke custijxAeri *x tke 2ce,41-11t
by • \ ` or written notice.
(B) When the urban and community water system contacts the customer
'.. 1 MT t \
i
payments. procedures for requesting amortization of the unpaid balance,
and petitioti for bill review and appeal.
(C) Wien the urbati and community water system contacts the customer
to "Occupant." The notice shall include, but is not limited to, all of the
following information in a clear and legible format:
• and address.
f
(ii) The amount of
(iii) The date by which paynictit or arrangement forpayment is required
in order to avoid discontinuation of residential service.
(iv) A description of the process to apply for an extension of time to pay
the delinquent
(v) A descript ion of the procedure to petition for bill review and appeal.
of procedure by which the customer may request
unablea deferred, reduced, or alternative payment schedule, including an
(2) If the urban and community water system is
Nil
William, 111111191MIN a$
1 f
of, a noticeof discontinuation of residential•'I
nonpayment and the urban and community water system's policy for
discontinuation of residential service for nonpayment.
r I'
-5— Ch. 891
(b) If all adult at the residence appeals the water bill to the urban and
community water system or any other administrative: or legal body to which
such all appeal may be lawfully taken, the urban and community water
system shall not discontinue residential service while tile appeal is pending.
116910. (a) An urban and community water system %hall not discontinue
residential service for nonpayment if all of the following conditions are met:
(I) 'rhe customer, or a tenant of tile customer, submits to the urban and
community water system the certification of a primary care provider, as that
term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of
Section 14088 of tile \Vclfarc and Institutions Code, that discontilluation of
residential service will be life threatening to, or pose a serious threat to the
health and safety of, a resident of the premises where residential service is
provided.
(2) The customer demonstrates that he or she is financially unable to pay
for residential service within the urban and community water system's
normal billing cycle. The customer shall be deemed financially unable to
pay for residential service within the urban and community water system's
normal billing cycle if any member of the customer's household is a current
recipient of Cal WORKs, CalFresh, general assistance, Medi -Cal,
Supplemental Security Income/State Supplementary Payment Program, or
Calil'omia Special Supplemental Nutrition Program for Women, Infants,
and Children, or the customer declares that the household's annual income
is less than 200 percent of the federal poverty level.
(3) The customer is willing to enter into an amortization agreement,
alternative payment schedule, or a plan for deferred or reduced payment,
consistent with the written policies provided pursuant to subdivision (a) of
Section 116906, with respect to all delinquent charges.
(b) (1) If the conditions listed in subdivision (a) are met, the urban and
community water systern shall offer the customer one or more of the
following options:
(A) Amortization of tile unpaid balance.
(B) Participation in air alternative payment schedule.
(C) A partial or full reduction Of tile unpaid balance financed without
additional charges to other ratepayers.
(D) Temporary deferral of payment,
(2) Tile urban and community water system may choose which of the
payment options described in paragraph (1) the customer undertakes and
may set the parameters of that payment option. Ordinarily, the repayment
option offered should result in repayment of any remaining outstanding
balance within 12 months. Ali urban and community water System may
grant a longer repayment period if it finds the longer period is necessary to
avoid undue hardship to the customer based on the circumstances of the
individual case.
(3) Residential service may be discontinued no sooner than 5 business
days after [tic urban and community water system posts i final notice of
intent to disconnect service in a prominent and conspicuous location at the
property under either of the following circumstances:
all
C. 891 —6—
(A) The customer fails to comply with an amortization agreement, an
alternative payment schedule, or a deferral or reduction in payment plan for
delinquent charges for 60 clays or more.
(B) Mile undertaking an amortization agreement, an alternative payment
schedule, or a deferral or reduction in payment plan for delinquent charges,
the customer does not pay his or her current residential service charges for
60 days or more.
116912. An urban and community water system that discontinues
residential service for nonpayment shall provide the customer with
information on how to restore residential service.
116914. (a) For a residential customer who demonstrates to an urban
and community water system household income below 200 percent of the
federal poverty line, the urban and community water system shall do both
of the following:
(t) Set a rcconnection of service fee for reconnection during normal
operating hours at fifty dollars ($50), but not to exceed the actual cost of
recotincetion if it is less. Reconnection fees shall be subject to an annual
adjustment for changes in the Consumer Price Index beginning January 1,
2021.. For the reconnection of residential service during nolloperational
hours, an urban and community water system shall set a reconnection of
service fee at one hundred fifty dollars ($150), but not to exceed the actual
cost of reconnection if it is less. Reconnection fees shall be subject to an
annual adjustment for changes in the Consumer Price Index beginning
January 1, 202 1.
(2) Waive interest charges oil delinquent bills once every 12 inontlis,
(b) An urban and community water system shall deem a residential
customer to have a household income below 200 percent of the federal
poverty line if any member of the household is a current recipient of
Cal WORKs, CalFresh, general assistance, Medi -Cal, Supplemental Security
Income/State Supplementary Payment Program, or California Special
Supplemental Nutrition Program for Women, Infants, and Children, or the
customer declares that the household's annual income is less than 200
percent of the 1'ederal poverty level.
116916. (a) This section applies if there is a landlord-tenantrclationsidp
between the residential occupants and the owner, manager, or operator of
the dwelling.
(b) If an urban and community water system flumishes individually
metered residential service to residential occupants of a detached
single -fancily dwelling, a multiunit residential structure, n1obilellonic park,
or permanent residential Structure in a labor canip, as defined in Section
17008, and [lie owner, manager, or operator of (lie dwelling, structure, or
park is the customer of record, the urban and community water system shall
make every good faith effort to inform the residential occupants, by means
of written notice, when the account is in art -cars tint service will be
terminated at least 10 days prior to the termination. The written notice shall
further inform the residential occupants that they have the right to become
.12
-7— Ch. 891
customers, to whom the service will then be billed, without being required
to pay any amount which may be due on the delinquent account.
(c) The urban and community water system is not required to make
service available to the residential occupants unless each residential occupant
agrees to the terms and conditions of service and meets the requirements of
law and the urban and community water system's rules and tariffs. However,
if one or more of the residential occupants are willing and able to assume
responsibility for the subsequent charges to the account to the satisfaction
of the urban and community water system, or if there is a physical means
legally available to the urban and community water system of selectively
terminating service to those residential occupants who have not met the
requirements of the urban and community water system's rules and tariffs-,
the urban and corrununity water system shall make service available to those
residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing
credit with the urban and community water system, residence and proof of
prompt payment of rent or other credit obligation acceptable to the urban
and community water system for that period of time is a satisfactory
equivalent.
(c) Any residential occupant who becomes a customer of the urban and
CORIMUnity WatCrSyStC111 pursuant to this section whose periodic payments,
such ars rental payments, include charges for residential water service, where
those charges arc not separately stated, rnay deduct from the periodic
payment each payment period all reasonable charges paid to the urban and
community water system for those services during the preceding payment
period.
(f) [it the case of a detached single-family dwelling, the urban and
community water system may do any ol'the following:
(1) Give notice of termination at least seven days prior to the proposed
termination.
(2) In order for the amount due on the delinquent account to be waived,
require an occupant who becomes a customer to verify that the delinquent
account customer or record is or was the landlord, manager, or agent of the
dwelling. Verification may include, but is riot limited to, a lease or rental
agreement, rent receipts, a government document indicating that the occupant
is renting the property, or information disclosed pursuant to Section 1962
of the Civil Code.
116918. An urban and community water system shall report the number
of annual discontinuations of residential service for inability to pay on the
urban and community water system's Internet Web site, if an Internet Web
site exists, and to the board. The board shall post on its Internet Web site
the information reported.
116920. (a) The Attorney General, at the request of the board or upon
his or tier own motion, may bring an action in state court to restrain by
temporary or permanent injunction the use of any method, act, or practice
declared in this chapter to be unlawful.
C. 891 —8—
ME
Mco"N"Iffl, stel I I MglTdrul-oj- tyro -U &I I I I I I I Is Is I, I I I 1 1, 1 ULU MOUYVIRR,
or practic declared in this chapter to be unlawful.
116922, All written notices required tioder this chapter shall be provided
in English, the languages listed in Section 1632 of the Civil Code, and any
I;Rk
and community water system's service area.
116924. Where provisions of existing law are duplicative of this chapter,
compliance with one shall be (teemed compliance with the othen Where
NOWN W". "Mmi. VI—ri UMM A,
saTCguaras agailist Me aisconnection ul Tv"lut:1111ul watur hurvice uAlsull
as of December 31, 2018.
116926. This chapter does not apply to the termination of a service
action of a customer.
N
a