Bill Text: CA SB998 | 2017-2018 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Discontinuation of residential water service: urban and community water systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-28 - Chaptered by Secretary of State. Chapter 891, Statutes of 2018. [SB998 Detail]
Download: California-2017-SB998-Amended.html
CHAPTER
6.
2019. 2020. The urban water supplier shall adopt rules to comply with this chapter. shutoff for nonpayment available in English, Spanish, and any other language spoken by at least 5 10 percent of the people residing in its service area. The policy shall include all of the
following: shut off discontinue residential service for nonpayment until a payment by a customer has been delinquent for at least 60 days. No less than three
seven business days before shutoff, discontinuation of residential service for nonpayment, an urban and community water system shall contact the customer named on the account and account by telephone or written notice. shutoff discontinue residential service under any of the following circumstances: shuts off discontinues residential service for nonpayment shall provide the customer with information on how to restore residential service and petition for a waiver of reconnection fees pursuant to Section 116912. with a demonstrated who demonstrates to an urban and community water system household income below 200 percent of the federal poverty line, an the urban and community water system shall waive reconnection fees and offer a reduction or waiver of interest charges on delinquent bills.
bills once every 12 months. An urban and community water system may waive reconnection fees and offer a reduction or waiver of interest charges on delinquent bills more than once every 12 months. shutoffs 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. General shall have authority to General, at the request of the board or upon his or her 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.SEC. 16.
Bill Title: Discontinuation of residential water service: urban and community water systems.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-09-28 - Chaptered by Secretary of State. Chapter 891, Statutes of 2018. [SB998 Detail]
Download: California-2017-SB998-Amended.html
|
Amended
IN
Senate
March 22, 2018 |
CALIFORNIA LEGISLATURE—
2017–2018 REGULAR SESSION
| Senate Bill | No. 998 |
| Introduced by Senator Dodd |
February 05, 2018 |
An act to add Chapter 6 (commencing with Section 116900) to Part 12 of Division 104 of the Health and Safety Code, and to amend Sections 777, 779, 779.1, 780, 10009, 10010, 10010.1, 12822, 12823, 12823.1, 16481, 16482, and 16482.1 of the Public Utilities Code, relating to water.
LEGISLATIVE COUNSEL'S DIGEST
SB 998, as amended, Dodd.
Water shutoffs: 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 health. 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 utilities, 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 account, 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 service connections, to have a written policy on residential discontinuation of water service shutoff to certain types of residences for nonpayment available in English, Spanish, or any other language spoken by at least 5% 10% of the people residing in its service area. The
bill would require the policy to include certain components and components, be available on the system’s Internet Web site site, and be provided annually to customers in writing. writing, upon request. The bill would make
provide for enforcement of these provisions, including making a violation of these provisions punishable by a civil penalty issued by the board or the commission, as appropriate, in an amount not to exceed $500
$1,000 for each day in which the violation occurs. The bill would eliminate existing notice and other requirements relating to the termination of residential service for commission-regulated urban and community water systems and instead would apply the provisions of this bill to those systems. This The bill would prohibit an urban and community water system from shutting off discontinuing residential service for nonpayment until a payment by a customer has been delinquent for at least 60
days. The 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 shutoff for nonpayment no less than 3 7 business days before shutoff, discontinuation of residential service,
as prescribed. The bill would prohibit an urban and community water system from shutting off discontinuing residential service for nonpayment until the system notifies the local health department and the local health department assesses that a shutoff discontinuing residential service at the residence would not pose a grave threat to the health and safety of the residents, except as provided. By imposing new duties on local health departments, this bill would impose a state-mandated local program.
This bill would prohibit residential service from being shut off discontinued under specified circumstances. circumstances, including if a customer demonstrates and certifies under penalty of perjury that his or her household has experienced a severe economic hardship within the last year, as specified. By expanding the crime of perjury, the bill would impose a state-mandated local program. The bill would require an urban and community water system that shuts off
discontinues residential service to provide the customer with information on how to restore service and petition for a waiver of reconnection fees. The bill would require an urban and community water system to waive reconnection fees and offer a reduction or waiver of interest charges on delinquent bills for a residential customer with a demonstrated who demonstrates to the urban and community water system household income below 200% of the federal poverty line and would limit the amount of a reconnection of service fee imposed on any other residential customer. The bill would require an urban and community water system to report the number of annual shutoffs
discontinuations of residential service for inability to pay on its Internet Web site. 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 after February 1, 2019, 2020, and any other urban and community water system to comply with the bill’s provisions on and after April 1, 2019. 2020.
The
California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
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 service shutoffs discontinuations threaten
human 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 alternate alternative payment schedules, and demonstrate medical need and severe economic hardship.
(e) The loss of water service causes tremendous
hardship and undue stress, including increased health risks to vulnerable populations.
SEC. 2.
Chapter 6 (commencing with Section 116900) is added to Part 12 of Division 104 of the Health and Safety Code, to read:
CHAPTER
6. Water ShutoffsDiscontinuation of Residential Water Service
116900.
For the purposes of this chapter, the following definitions apply:(a) “Board” means the State Water Resources Control Board.
(b) “Infant” means a person less than 12 months of age.
(c) “Public water system” has the same meaning as defined in Section 116275.
(d) “Residential service” means water service to a residential connection that includes, but is not limited to,
includes single-family residences, individually metered multifamily residences, mobile home mobilehome parks, or farmwork housing, regardless of how the urban and community water system classifies the connection for the purpose of imposing rates and
charges. farmworker housing.
(e) “Severely disabled” mean a person with the inability to independently perform basic maintenance functions such as cleaning and eating.
(f) “Severe economic hardship” means any of the following:
(1) The incarceration of the main income earner in the household.
(2) The deportation of the main income earner in the household.
(3) The death of the main income earner in the household.
(g) “Urban and community water
system” means a public water system that supplies water to more than 200 service connections.
(h) “Urban water supplier” has the same meaning as defined in Section 10617 of the Water Code.
116902.
(a) An urban water supplier not regulated by the Public Utilities Commission shall comply with this chapter on and after February 1,(b) An urban and community water system regulated by the Public Utilities Commission shall comply with this chapter on and after February 1, 2019.
2020. The urban and community water system regulated by the Public Utilities Commission shall file advice letters with the commission to conform with this chapter.
(c) An urban and community water system not described in subdivision (a) or (b) shall comply with this chapter on and after April 1, 2019. 2020. The urban and community water system shall adopt rules to comply with this chapter.
116904.
(a) An urban and community water system shall have a written policy on discontinuation of residential service(1) A plan for deferred or reduced payments.
(2) Alternate 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 a shutoff. discontinuation of residential service for nonpayment.
(b) The policy shall be available on the urban and community water system’s Internet Web site, if an Internet Web site exists, and be provided annually to customers in writing. exists. If an Internet Web site does not exist, the urban and community water system shall provide the policy to customers in writing, upon request.
(c)A violation of this section shall be punishable by a civil penalty, issued by the board or the Public Utilities Commission, as appropriate, in an amount not to exceed five hundred dollars ($500) for each day in
which the violation occurs. All moneys collected shall be deposited in the General Fund.
(c) (1) The board may enforce the requirements of this section pursuant to Sections 116577, 116650, and 116655. The provisions of Section 116585 and Article 10 (commencing with Section 116700) of Chapter 4 apply to enforcement undertaken for a violation of this section.
(2) All moneys collected pursuant to this subdivision shall be deposited in the General Fund.
116906.
(a) (1) (A) An urban and community water system shall not(B) If the urban and community water system contacts the customer named on the account by telephone pursuant to subparagraph (A), it
shall offer to provide in writing to the customer with the urban and community water system’s policy on discontinuation of residential service shutoff. for nonpayment. An urban and community water system shall offer to discuss options to avert a shutoff, discontinuation of residential service for nonpayment,
including, but not limited to, alternate alternative payment schedules, deferred payments, minimum payments, procedures for requesting amortization of the unpaid balance, and petition for bill review and appeal.
(2)If the urban and community water system is unable to contact the customer named on the account, an urban and community water system shall not shut off residential service until the urban and community water system contacts any adult occupying the residence and provides them with the urban and community water system’s policy on residential service shutoffs and offers to discuss options as described in paragraph (1).
(C) If the urban and community water system contacts the customer named on the account by written notice pursuant to subparagraph (A), the written notice of payment delinquency and impending termination shall be mailed to the owner of the residence to which the residential service is provided. If the owner’s address is not the address of the property to which residential service is provided, the notice also shall be sent to the address of the property to which residential service is provided, addressed to “Occupant.” The notice shall include, but is not limited to, all of the following information in a clear and legible format:
(i) The owner’s name and address.
(ii) The amount of the delinquency.
(iii) The date by which payment or arrangement for payment
is required in order to avoid discontinuation of residential service.
(iv) An extension of time to pay the delinquent charges if the charges are beyond the means of the owner to pay in full.
(v) A description of the opportunity to petition for bill review and appeal.
(vi) A description of the procedure by which the customer may request amortization of the delinquent residential service charges.
(3)
(2) If the urban and community water system is
unable to make contact with the customer or an adult occupying the residence, residence by telephone, and written notice is returned through the mail as undeliverable,
the urban and community water system shall make a good faith effort to visit the residence and leave, in a conspicuous place, a notice of imminent shutoff discontinuation of residential service for nonpayment and the urban and community water system’s policy for discontinuation of residential service shutoff. for nonpayment.
(b) (1) Except as provided in paragraph (2), for a single-family residence, an urban and community water system shall not shut off discontinue residential service until the urban and community water system notifies the local health department and the local health department assesses that a shutoff at
discontinuing residential service to the residence would not pose a grave threat to the health and safety of the residents.
(2) An assessment by the local health department for residential service to a single-family residence shall be conducted only on the request of a resident. If a resident of a single-family residence requests an assessment by the local health department to determine whether a shutoff discontinuation of residential service poses a grave threat to the health and safety for
of
the residents, an urban and community water system shall not shut off discontinue residential service to a single-family residence until the local health department has made an assessment and determines that shutting off the water discontinuing residential service would not pose a grave threat to the health and safety of the residents.
(3) If the local health department determines pursuant to an assessment conducted in accordance with this subdivision that shutting off the water
discontinuing residential service would pose a grave threat to
the health and safety for of
the residents, the urban and community water system shall not shut off discontinue residential service and the urban and community water system may ask the local health department for a subsequent health and safety assessment after 90 days.
(4) An urban and community water system may accept the certification of a licensed physician submitted by a resident that a discontinuation of residential service for nonpayment would be life-threatening to a resident of the residence in lieu of notifying the local health department as described in paragraph (1) and being provided with a determination that discontinuing residential service
would pose a grave threat to the health and safety of a resident pursuant to an assessment performed in accordance with paragraph (2) or (3).
(c) If an adult at the residence requests an appeal of the water bill, the urban and community water system shall not shut off discontinue residential service while the appeal is pending.
(d) If a customer demonstrates demonstrates, and certifies under penalty of perjury, that his or her household has experienced
a severe economic hardship within the last year, an urban and community water system shall not shut off
discontinue residential service for 180 days following the customer’s demonstration.
116908.
An urban and community water system shall not(a) If any of the following apply to the residential service customer or a member of the customer’s household who occupies the residence:
(1) He or she is 65 years of age or older and receiving in-home care.
(2) He or she is undergoing hospice care.
(3) He or she is suffering from a life-threatening medical condition that a licensed physician, person licensed pursuant to the Osteopathic Initiative Act, or a nurse practitioner certifies will worsen if residential service is shutoff. discontinued.
(b) An infant is present in the household.
(c) A severely disabled child is present in the household.
116910.
An urban and community water system that116912.
(a) For a residential customer(b) For a residential customer not described in subdivision (a), an urban and community water system shall set a reconnection of service fee for reconnection during normal operating hours at twenty fifty dollars ($20)
($50) or less, with an annual adjustment for changes in the Consumer Price Index beginning January 1, 2020. 2021. For the reconnection of residential service during nonoperational hours, an urban and community water system shall set a reconnection of service fee at one hundred fifty dollars ($100) ($150) or less, with an annual adjustment for changes in the Consumer Price Index.
Index beginning January 1, 2021.
116914.
An urban and community water system shall report the number of annual116916.
The AttorneySEC. 3.
Section 777 of the Public Utilities Code is amended to read:777.
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.(b) If an electrical, gas, heat, or water corporation furnishes individually metered residential service to residential occupants of a detached single-family dwelling, a multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the corporation shall make every good faith effort to inform the residential occupants, by means of written
notice, when the account is in arrears, that service will be terminated at least 10 days prior to termination. The written notice shall further inform the residential occupants that they have the right to become customers, to whom the service will then be billed, without being required to pay any amount which may be due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code.
(c) The corporation 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 corporation’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 corporation, or if there is a physical means, legally available to the corporation, of selectively terminating service to those residential occupants who have not met the requirements of the corporation’s rules and tariffs, the corporation 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 corporation, residence and proof of prompt payment of rent or other credit obligation acceptable to the corporation for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the corporation pursuant to this section whose periodic payments, such as rental payments, include charges for residential electrical, gas, heat,
or water service, where those charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the corporation for those services during the preceding payment period.
(f) In the case of a detached single-family dwelling, the corporation may do any of the following:
(1) Give notice of termination at least seven days prior to the proposed termination, notwithstanding the notice period specified in subdivision (a).
(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 of record is or was the landlord, manager, or agent of the dwelling. Verification may include,
but is not 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.
(g) This section does not apply to water service by a water corporation that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
(h) This section shall become operative on July 1, 2010.
SEC. 4.
Section 779 of the Public Utilities Code is amended to read:779.
(a) No electrical, gas, heat, or water corporation may terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, as provided in Section 779.1.(b) No electrical, gas, heat, or water corporation may terminate residential service for nonpayment in any of the following situations:
(1) During the pendency of an investigation by the corporation of a customer or subscriber dispute or complaint.
(2) When a customer has been granted an
extension of the period for payment of a bill.
(3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the corporation pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the disputed bill, or who has, before termination of service, made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full within the normal period for payment,
shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the corporation. The review shall include consideration of whether the customer shall be permitted to amortize any unpaid balance of the delinquent account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period.
(d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any subsequent appeal of the dispute or complaint to the commission is not subject to this section.
(e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment.
(f) This section does not apply to water service by a water corporation that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 5.
Section 779.1 of the Public Utilities Code is amended to read:779.1.
(a) Every electrical, gas, heat, or water corporation shall allow every residential customer at least 19 days from the date of mailing its bill for services, postage prepaid, for payment of the charges demanded. No corporation subject to this section may terminate residential service for nonpayment of a delinquent account unless the corporation first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the corporation’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.(b) Every corporation shall make a reasonable attempt to contact an adult person residing at the premises of the customer by telephone or personal contact at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the corporation shall give, either by mail or in person, a notice of termination of service at least 48 hours prior to termination.
(c) Every corporation shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the corporation will attempt to notify a person designated by the customer to receive notification
when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the corporation, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d) Every notice of termination of service pursuant to subdivision (a) or (b) shall include all of the following information:
(1) The name and address of the customer whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges.
(5) The procedure by which the customer may request amortization of the unpaid charges.
(6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7) The telephone number of a representative of the corporation who can provide additional information or institute arrangements for
payment.
(8) The telephone number of the commission to which inquiries by the customer may be directed.
All written notices shall be in a clear and legible format.
(e) Any residential customer whose complaint or request for an investigation has resulted in an adverse determination by the corporation may appeal the determination to the commission. Any subsequent appeal of the dispute or complaint to the commission is not subject to this section.
(f) If a residential customer fails to comply with an amortization agreement, the corporation shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is
required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the corporation.
(g) No termination of service may be effected without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at his or her billing address.
(h) This section does not apply to water service by a water corporation that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 6.
Section 780 of the Public Utilities Code is amended to read:780.
(a) No electrical, gas, heat, or water corporation shall, by reason of delinquency in the payment of its charges, terminate service on any Saturday, Sunday, legal holiday, or at any time during which the business offices of the corporation are not open to the public.(b) This section does not apply to water service by a water corporation that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 7.
Section 10009 of the Public Utilities Code is amended to read:10009.
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.(b) If a public utility furnishes individually metered residential light, heat, water, or power to residential occupants in a detached single-family dwelling, a multiunit residential structure, mobilehome park, or a permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record, the public utility shall make every good faith effort to inform the residential occupants, by means of written
notice, when the account is in arrears, that service will be terminated in 10 days. The written notice shall further inform the residential occupants that they have the right to become customers of the public utility without being required to pay the amount due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code.
(c) The public utility 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 public utility’s rules. 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 public utility, or if there is a physical means, legally
available to the public utility, of selectively terminating service to those residential occupants who have not met the requirements of the public utility’s rules, the public utility shall make service available to the residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the public utility, residence and proof of prompt payment of rent or other obligation acceptable to the public utility for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the public utility pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may
deduct from the periodic payment each payment period all reasonable charges paid to the public utility for those services during the preceding payment period.
(f) This section does not apply to water service by a public utility that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 8.
Section 10010 of the Public Utilities Code is amended to read:10010.
(a) No public utility furnishing light, water, power, or heat may terminate residential service for nonpayment of a delinquent account unless the public utility first gives notice of the delinquency and impending termination, as provided in Section 10010.1.(b) No public utility shall terminate residential service for nonpayment in any of the following situations:
(1) During the pendency of an investigation by the public utility of a customer dispute or complaint.
(2) When a customer has been granted an extension of the period for
payment of a bill.
(3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the public utility pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the disputed bill, or who has, within 13 days of mailing of the notice required by subdivision (a), made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment,
shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the public utility. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with the amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period.
(d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the public utility may appeal the determination to the governing body of the municipal corporation. Any subsequent appeal of the dispute or complaint to the governing body is not subject to
this section.
(e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment.
(f) This section does not apply to water service by a public utility that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 9.
Section 10010.1 of the Public Utilities Code is amended to read:10010.1.
(a) No public utility furnishing light, heat, water, or power may terminate residential service on account of nonpayment of a delinquent account unless the public utility first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the public utility’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.(b) Every public utility shall make a reasonable attempt to contact an adult person residing
at the premises of the customer by telephone or personal contact, at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the public utility shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c) Every public utility shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the public utility will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on
what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the public utility, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1) The name and address of the customer whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is
required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5) The procedure by which the customer may request amortization of the unpaid charges.
(6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7) The telephone number of a representative of the public utility who can
provide additional information or institute arrangements for payment.
Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7).
All written notices shall be in a clear and legible format.
(e) If a residential customer fails to comply with an amortization agreement, the public utility shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the public utility.
(f) No termination of service may be effected without compliance
with this section. Any service wrongfully terminated shall be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at his or her billing address.
(g) This section does not apply to water service by a public utility that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 10.
Section 12822 of the Public Utilities Code is amended to read:12822.
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.(b) If a district furnishes individually metered residential light, heat, water, or power to residential occupants in a detached single-family dwelling, multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator of the dwelling, structure, or park is the customer of record of the service, the district shall make every good faith effort to inform the residential occupants, by means of written
notice, when the account is in arrears, that service will be terminated in 10 days. The written notice shall further inform the residential occupants that they have the right to become customers of the district without being required to pay the amount due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code.
(c) The district 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 the district’s rules. 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 district, or if there is a physical means, legally available to the district, of selectively
terminating service to those residential occupants who have not met the requirements of the district’s rules, the district shall make service available to the residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the district, residence and proof of prompt payment of rent or other credit obligation acceptable to the district for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the district pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges
paid to the district for those services during the preceding payment period.
(f) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 11.
Section 12823 of the Public Utilities Code is amended to read:12823.
(a) No district furnishing its inhabitants with light, water, power, or heat may terminate residential service for nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, as provided in Section 12823.(b) No district shall terminate residential service for nonpayment in any of the following situations:
(1) During the pendency of an investigation by the district of a customer dispute or complaint.
(2) When a customer has been granted an extension of the period for
payment of a bill.
(3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the district pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the disputed bill, or who has, within 13 days of mailing of the notice required by subdivision (a), made a request for extension of the payment period of a bill asserted to be beyond the means of the customer to pay in full during the normal period for payment, shall be
given an opportunity for review of the complaint, investigation, or request by a review manager of the district. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with an amortization agreement, if the customer also keeps the account current as charges accrue in each subsequent billing period.
(d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the district may appeal the determination to the board. Any subsequent appeal of the dispute or complaint to the board is not subject to this section.
(e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the
normal period for payment.
(f) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 12.
Section 12823.1 of the Public Utilities Code is amended to read:12823.1.
(a) No district furnishing light, heat, water, or power may terminate residential service on account of nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed not earlier than 19 days from the date of mailing the district’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.(b) Every district shall make a reasonable attempt to contact an adult person residing at the premises of the
customer by telephone or personal contact, at least 24 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the district shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c) Every district shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the district will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification shall include information on what is required to prevent termination
of service. The residential customer shall make a request for third-party notification on a form provided by the district, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1) The name and address of the customer whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment or arrangements for payment is required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5) The procedure by which the customer may request amortization of the unpaid charges.
(6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7) The telephone number of a representative of the district who can provide additional information or institute arrangements
for payment.
Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7).
All written notices shall be in a clear and legible format.
(e) If a residential customer fails to comply with an amortization agreement, the district shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but the notice does not entitle the customer to further investigation by the district.
(f) No termination of service may be effected without compliance with this section. Any service wrongfully terminated shall
be restored without charge for the restoration of service, and a notation thereof shall be mailed to the customer at his or her billing address.
(g) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 13.
Section 16481 of the Public Utilities Code is amended to read:16481.
(a) This section applies if there is a landlord-tenant relationship between the residential occupants and the owner, manager, or operator of the dwelling.(b) If a district furnishes individually metered residential light, heat, water, or power to residential occupants in a detached single-family dwelling, multiunit residential structure, mobilehome park, or permanent residential structure in a labor camp, as defined in Section 17008 of the Health and Safety Code, and the owner, manager, or operator is the customer of record, the district shall make every good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears, that service
will be terminated in 10 days. The written notice shall further inform the residential occupants that they have the right to become customers of the district without being required to pay the amount due on the delinquent account. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code.
(c) The district 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 the district’s rules. 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 district, or if there is a physical means, legally available to the district, of selectively terminating service to those residential occupants who have
not met the requirements of the district’s rules, the district shall make service available to the residential occupants who have met those requirements.
(d) If prior service for a period of time is a condition for establishing credit with the district, residence and proof of prompt payment of rent or other credit obligation acceptable to the district for that period of time is a satisfactory equivalent.
(e) Any residential occupant who becomes a customer of the district pursuant to this section whose periodic payments, such as rental payments, include charges for residential light, heat, water, or power, where these charges are not separately stated, may deduct from the periodic payment each payment period all reasonable charges paid to the district for those services during the
preceding payment period.
(f) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 14.
Section 16482 of the Public Utilities Code is amended to read:16482.
(a) No district furnishing its inhabitants with light, water, power, heat, or means for the disposition of garbage, sewage, or refuse matter may terminate residential service for nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, as provided in Section 16482.1.(b) No district shall terminate residential service for nonpayment in any of the following situations:
(1) During the pendency of an investigation by the district of a customer dispute or complaint.
(2) When a customer has been granted an extension of the period for payment of a bill.
(3) On the certification of a licensed physician and surgeon that to do so will be life threatening to the customer and the customer is financially unable to pay for service within the normal payment period and is willing to enter into an amortization agreement with the district pursuant to subdivision (e) with respect to all charges that the customer is unable to pay prior to delinquency.
(c) Any residential customer who has initiated a complaint or requested an investigation within five days of receiving the contested bill, or who has, within 13 days of mailing of the notice required by subdivision (a), made a request for extension of the payment period of a bill asserted to be beyond the
means of the customer to pay in full during the normal period for payment, shall be given an opportunity for review of the complaint, investigation, or request by a review manager of the district. The review shall include consideration of whether the customer shall be permitted to amortize the unpaid balance of the account over a reasonable period of time, not to exceed 12 months. No termination of service shall be effected for any customer complying with an amortization agreement if the customer also keeps the account current as charges accrue in each subsequent billing period.
(d) Any customer whose complaint or request for an investigation pursuant to subdivision (c) has resulted in an adverse determination by the district may appeal the determination to the board. Any subsequent appeal of the dispute or complaint to the board is
not subject to this section.
(e) Any customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize, over a period not to exceed 12 months, the unpaid balance of any bill
asserted to be beyond the means of the customer to pay within the normal period for payment.
(f) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
SEC. 15.
Section 16482.1 of the Public Utilities Code is amended to read:16482.1.
(a) No district furnishing light, heat, water, or power, or means for the disposition of garbage, sewage, or refuse matter, may terminate residential service on account of nonpayment of a delinquent account unless the district first gives notice of the delinquency and impending termination, at least 10 days prior to the proposed termination, by means of a notice mailed, postage prepaid, to the customer to whom the service is billed, not earlier than 19 days from the date of mailing the district’s bill for services, and the 10-day period shall not commence until five days after the mailing of the notice.(b) Every district shall make a reasonable, good
faith effort to contact an adult person residing at the premises of the customer by telephone or personal contact, at least 48 hours prior to any termination of service, except that, whenever telephone or personal contact cannot be accomplished, the district shall give, by mail, in person, or by posting in a conspicuous location at the premises, a notice of termination of service, at least 48 hours prior to termination.
(c) Every district shall make available to its residential customers who are 65 years of age or older, or who are dependent adults as defined in Section 15610.23 of the Welfare and Institutions Code, a third-party notification service, whereby the district will attempt to notify a person designated by the customer to receive notification when the customer’s account is past due and subject to termination. The notification
shall include information on what is required to prevent termination of service. The residential customer shall make a request for third-party notification on a form provided by the district, and shall include the written consent of the designated third party. The third-party notification does not obligate the third party to pay the overdue charges, nor shall it prevent or delay termination of service.
(d) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1) The name and address of the customer whose account is delinquent.
(2) The amount of the delinquency.
(3) The date by which payment
or arrangements for payment is required in order to avoid termination.
(4) The procedure by which the customer may initiate a complaint or request an investigation concerning service or charges, except that, if the bill for service contains a description of that procedure, the notice pursuant to subdivision (a) is not required to contain that information.
(5) The procedure by which the customer may request amortization of the unpaid charges.
(6) The procedure for the customer to obtain information on the availability of financial assistance, including private, local, state, or federal sources, if applicable.
(7) The telephone number of a representative of the
district who can provide additional information or institute arrangements for payment.
Every notice of termination of service pursuant to subdivision (b) shall include the items of information in paragraphs (1), (2), (3), (6), and (7).
All written notices shall be in a clear and legible format.
(e) If a residential customer fails to comply with an amortization agreement, the district shall not terminate service without giving notice to the customer at least 48 hours prior to termination of the conditions the customer is required to meet to avoid termination, but this notice does not entitle the customer to further investigation by the district.
(f) No termination of service may be effected
without compliance with this section. Any service wrongfully terminated shall be restored without charge for the restoration of the service, and a notation thereof shall be mailed to the customer at his or her billing address.
(g) This section does not apply to water service by a district that is an urban and community water system as defined by Section 116900 of the Health and Safety Code.
If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
SEC. 16.
No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.
