Bill Text: MI HB4313 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Public utilities: water utilities; water shutoff protection act; create. Creates new act.
Spectrum: Partisan Bill (Democrat 35-0)
Status: (Introduced - Dead) 2021-02-24 - Bill Electronically Reproduced 02/23/2021 [HB4313 Detail]
Download: Michigan-2021-HB4313-Introduced.html
HOUSE BILL NO. 4313
February 23, 2021, Introduced by Reps. Aiyash,
Peterson, Cavanagh, O'Neal, Brabec, Hope, Hood, Stone, Young, Tyrone
Carter, Rogers, Brixie, Scott, Weiss, Thanedar, Breen, Sowerby, Coleman,
Camilleri, Hammoud, Puri, Cherry, Cynthia Johnson, Kuppa, Tate, Whitsett,
Rabhi, Pohutsky, Neeley, Sneller, Garza, Brenda Carter, Morse, Yancey and
Anthony and referred to the Committee on Local Government and Municipal
Finance.
the people of the state of michigan enact:
Sec. 1. This act shall be known and may be cited as the "water shutoff protection act".
(a) "Critical care customer" means a customer who has provided appropriate documentation from a physician or medical facility certifying that interruption of service would be life-threatening to, or pose a serious threat to the health and safety of, the customer or a member of the customer's household, or that the customer or a member of the customer's household has a communicable disease that would present an increased risk to the health of others if that individual is unable to maintain proper hygiene because of interruption of water or sewerage service.
(b) "Customer" means an individual who receives water or sewerage service at a residential premises.
(c) "Eligible customer" means a customer whose household income does not exceed 200% of the federal poverty guidelines, as published by the United States Department of Health and Human Services, or who meets any of the following requirements:
(i) Has received assistance from a state emergency relief program within the past year.
(ii) Receives food assistance under the federal supplemental nutrition assistance program administered by this state.
(iii) Receives medical assistance administered by this state under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(iv) Receives any other form of federal or state public assistance.
(d) "Heating season" means that term as defined in section 9r of 1939 PA 3, MCL 460.9r.
(e) "Nonaffordability application" means a form that the department of health and human services shall develop to trigger an income eligibility review for the low-income water residential affordability program and that includes the option for authorization for release of the customer's information to the provider.
(f) "Provider" means any water and sewerage system that provides water or sewerage service in this state.
(g) "Senior citizen customer" means a customer who is 62 years of age or older or who has a member of his or her household who is 62 years of age or older.
Sec. 3. (1) A provider may shut off service temporarily for reasons of health or safety, in a state or national emergency, or, subject to this section and section 4, if a customer has not paid a delinquent account. When a provider shuts off service for reasons of health or safety, the provider must leave a notice at the premises.
(2) Subject to section 4, a provider shall not shut off service because a customer has not paid a delinquent account unless the provider does, at a minimum, all of the following:
(a) Posts a delinquency notice on the door of the premises to be shut off and on the door of the customer, if the account customer has a different address, not less than 60 days and not more than 90 days before the date of a proposed shutoff that notifies the occupant of the property of a delinquency in payments and informs the occupant of any applicable payment plans or water affordability programs.
(b) Posts a notice on the door of the premises to be shut off and on the door of the customer, if the account customer has a different address, not less than 10 days before the date of the proposed shutoff. A provider shall maintain a record of the date the notice was posted.
(c) At least 1 week before shutoff of service, does both of the following:
(i) Makes a personal visit to the premises where shutoff of service is proposed and direct contact is made with an adult member of the customer's household notifying that individual of a delinquency in payments and of any applicable payment plans or water affordability programs, giving the customer an application for any payment plans or water affordability programs, and offering to assist the customer in applying for any payment plans or water affordability programs. A provider shall maintain a record of the date direct contact was made.
(ii) Makes a personal or automated telephone call where direct contact is made with an adult member of the customer's household or a message is recorded notifying that individual of a delinquency in the payments and of any applicable payment plans or water affordability programs, giving the customer an application for any payment plans or water affordability programs, and offering to assist the customer in applying for any payment plans or water affordability programs. A provider shall maintain a record of the date the call was made.
(3) All written and oral notices of shutoff under subsection (2)(b) and (c) must contain, at a minimum, all of the following information:
(a) The name and address of the customer, and the address at which service is provided, if different.
(b) A clear and concise statement of the reason for the proposed shutoff of service.
(c) The date on or after which the provider may shut off service, unless the customer takes appropriate action, and a description of the available courses of action to avoid a shutoff or to restore service following a shutoff.
(d) Where the shutoff would be done using meters with remote shutoff and restoration capacity, a statement that the disconnection of service will be performed remotely and that a provider representative will not return to the premises before disconnection.
(e) A statement that, if the customer is unable to pay in full, the customer has the right to enter into a payment plan that is based on a percentage of household income or, if applicable, a water affordability program, and that the monthly payment under a payment plan must not exceed 2% of the customer's average monthly household income if the customer's household income does not exceed 200% of the federal poverty level.
(f) A statement that the customer may submit a signed nonaffordability application to the department of health and human services and an explanation of where that form may be obtained.
(g) A statement that the provider will delay shutoff for 30 days if the customer submits a nonaffordability application under subdivision (f).
(h) A statement that the provider will not shut off service if a customer has entered and remains in compliance with a payment plan or water affordability program.
(i) A statement that the customer may petition the provider in accordance with the provider's rules to dispute the bill, and a copy of those rules or reference to a specific webpage where those rules may be found.
(j) A statement that the provider will not shut off service pending the resolution of a dispute that is filed with the provider in accordance with this section.
(k) A statement that the provider will not shut off service to a customer if payment is made in full for service for the previous billing cycle, not including any arrearage, interest, or charges related to that arrearage.
(l) The telephone number and address of the provider where the customer may make inquiry, enter into a payment plan, or petition the provider in accordance with the provider's rules to dispute the bill.
(m) A statement that during heating season the provider will not shut off service.
(n) A statement that the provider will not shut off service if a customer is a critical care customer, a senior citizen customer, an individual who has dependent children under the age of 18, an individual who is a quadriplegic, hemiplegic, or paraplegic or is totally and permanently disabled, an infant, or a pregnant woman, and the customer informs the provider and provides documentation to the provider of that condition within 30 days of receiving a notice under subsection (2).
(o) A statement that the provider may require a reasonable restoration charge, not to exceed $150.00 or the actual cost, whichever is less, if the provider shuts off service for nonpayment of a delinquent account.
(4) A provider shall delay shutoff of service to a customer for 30 days if that customer submits a signed nonaffordability application indicating the reasons or conditions that affect the customer's ability to afford the payments. A provider shall establish a policy to allow a customer to enter into a payment plan if that customer claims an inability to pay that customer's bill in full. A provider may establish a water affordability program for a customer who claims an inability to pay in full.
(5) Subject to the requirements of this act, a provider may shut off service to a customer on the date specified in the notice of shutoff or at a reasonable time following that date. If a provider does not shut off service and mails a subsequent notice, then the provider shall not shut off service before the date specified in the subsequent notice and following a personal visit to the premises at least 1 week before the shutoff. Shutoffs must occur only between the hours of 8 a.m. and 3 p.m.
(6) A provider shall not shut off service on a day, or a day immediately preceding a day, when the services of the provider are not available to the general public for the purpose of restoring service. A provider shall not shut off service during the heating season.
(7) Immediately before the shutoff of service, an employee or representative of the provider who is designated to perform that function may identify himself or herself to the customer or another responsible individual at the premises and may announce the purpose of his or her presence.
(8) When an employee or representative of a provider shuts off service, the employee or representative shall leave a notice. The notice must state that service has been shut off and contain the address and telephone number of the provider where the customer may arrange to have service restored.
(9) When a shutoff is completed using meters with remote shut-off and restoration capacity, the provider is not required to contact the customer on the day service is to be shut off.
(10) A provider shall not do any of the following:
(a) Shut off service because a customer has not paid for concurrent service received at a separate metering point, residence, or location.
(b) Shut off service because the customer has not paid for service at a premises lawfully occupied by another person. If a customer is not occupying the premises at which service is delivered to the customer, a provider may shut off service in any of the following circumstances where proper notice has been given:
(i) If the customer supplies a written, notarized statement that the premises are not lawfully occupied and the premises are in fact not lawfully occupied.
(ii) If the premises are lawfully occupied and the occupant agrees, in writing, to the shutoff of service.
(c) Shut off service if the amount the customer has not paid for service is the subject of an unresolved dispute under the provider's dispute resolution process.
(d) Shut off service to a lawfully occupied dwelling if payment has been made in full for service for the previous billing cycle, not including any arrearage, interest, or charges related to that arrearage.
(11) After a provider has shut off service, the provider shall restore service upon the customer's request when the cause of the shutoff has been cured or payment arrangements, including at the customer's option a payment plan, have been made.
(12) When a provider is required to restore service at the customer's meter manually, the provider shall make reasonable efforts to restore service on the day the customer requests restoration. Except for reasons beyond its control, the provider shall restore service not later than the first working day after the customer's request.
(13) For providers using meter technology with remote shut-off and restoration capability, service must be restored no later than the first working day after the customer requests restoration, except in the case of documented equipment failure.
(14) A provider may assess the customer a reasonable charge for restoring service. The charge must not exceed $150.00 or the actual cost, whichever is less. A provider shall not charge a customer a fee for a shutoff of service.
(15) A provider shall first apply payments received to the costs incurred for services for the previous billing cycle.
(16) This section does not apply to a shutoff at a premises if the customer provides the provider a notarized statement that the premises are not lawfully occupied and the premises are in fact not lawfully occupied.
Sec. 4. (1) A provider shall not shut off service to a customer for nonpayment of a delinquent account if the customer is a critical care customer, a senior citizen customer, an individual who has dependent children under the age of 18, an individual who is a quadriplegic, hemiplegic, or paraplegic or is totally and permanently disabled, an infant, or a pregnant woman, and who has provided documentation to the provider of that condition. A provider shall not shut off service to a customer if a customer has entered into and remains in compliance with a payment plan or water affordability program.
(2) In addition to the notices required under section 3, if a customer fails to comply with the terms and conditions of a water affordability program or payment plan, a provider may shut off service to a customer after giving the customer a notice, by personal service or first-class mail delivered to the affected premises or the customer's address, that contains, at a minimum, all of the following information:
(a) The name and address of the customer, and the address to which service is provided, if different.
(b) The nature of the default.
(c) A statement that unless the customer makes a substantial payment on a past due balance within 15 days of the date of mailing, the provider may shut off service.
(d) The date on or after which the provider may shut off service, unless the customer takes appropriate action, and a description of the available courses of action to avoid a shutoff or to restore service following a shutoff.
(e) A statement that the customer may petition the provider in accordance with the provider's rules to dispute the bill or the alleged default, and a copy of the rules or reference to a specific webpage where the rules may be found.
(f) A statement that the provider will not shut off service pending the resolution of a dispute that is filed with the provider in accordance with this section.
(g) The telephone number and address of the provider where the customer may make inquiry, enter into a payment plan, or petition the provider in accordance with the provider's rules to dispute the bill.
(h) A statement that during the heating season the provider will not shut off service.
(i) A statement that the provider will not shut off service if the customer is a critical care customer, a senior citizen customer, an individual who has dependent children under the age of 18, an individual who is a quadriplegic, hemiplegic, or paraplegic or is totally and permanently disabled, an infant, or a pregnant woman.
(j) A statement that the provider may require a reasonable restoration charge, not to exceed $150.00 or the actual cost, whichever is less, if the provider shuts off service for nonpayment of a delinquent account.
(3) A provider shall develop policies and procedures to delay shutoff for customers who face temporary financial hardship due to recent loss of a job, medical bills, or other extenuating circumstances.
(4) This section does not apply to a shutoff at a premises if the customer provides the provider a notarized statement that the premises are not lawfully occupied and the premises are in fact not lawfully occupied.
Sec. 5. The attorney general, the department of environment, Great Lakes, and energy, and any customer or other lawful occupant of a premises subject to this act may enforce this act by filing a civil action in court. In any civil action commenced under this section, the plaintiff may obtain damages, declaratory relief, and injunctive relief for any violation of this act. A customer or other lawful occupant that prevails in a civil action filed under this section is entitled to reasonable attorney fees and costs.
Sec. 6. A payment plan developed by a provider must be based on a percentage of household income. For customers whose household income does not exceed 200% of the federal poverty level, the monthly payment under a payment plan must not exceed 2% of the customer's average monthly household income.
Sec. 7. A provider shall take reasonable steps to provide equal language access to water and sewerage service and vital information for customers with limited English proficiency. Equal language access means the ability to receive information and to participate in and benefit from water and sewerage service at a level equal to English-proficient individuals.
