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, 2019. 2020. The urban water supplier shall adopt rules to comply with this chapter.(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 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:(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 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.(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 shutoff discontinue residential service under any of the following circumstances:(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 that 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 116912.116912.
(a) For a residential customer 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.(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 annual 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.116916.
The Attorney 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.