Bill Text: NJ S3039 | 2016-2017 | Regular Session | Introduced

New Jersey Senate Bill 3039 (Prior Session Legislation)

Introduced

Bill Title: Requires advance notice of water supply discontinuations for non-payment of local government water bills; requires offer of payment plan in certain circumstances.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2017-02-27 - Introduced in the Senate, Referred to Senate Community and Urban Affairs Committee [S3039 Detail]

Download: New_Jersey-2016-S3039-Introduced.html

SENATE, No. 3039

STATE OF NEW JERSEY

217th LEGISLATURE

INTRODUCED FEBRUARY 27, 2017

Sponsored by:

Senator SHIRLEY K. TURNER

District 15 (Hunterdon and Mercer)

Senator SANDRA B. CUNNINGHAM

District 31 (Hudson)

SYNOPSIS

Requires advance notice of water supply discontinuations for non-payment of local government water bills; requires offer of payment plan in certain circumstances.

CURRENT VERSION OF TEXT

As introduced.

An Act concerning the discontinuation of local government water supply services and amending various parts of the statutory law.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 43 of P.L.1957, c.183 (C.40:14B-43) is amended to read as follows:

43. a. In the event that any service charge of any municipal authority with regard to any parcel of real property shall not be paid as and when due, the municipal authority, may, in its discretion, enter upon such parcel and cause any connection or connections thereof leading directly or indirectly to or from the utility system to be cut and shut off until such service charge and any subsequent service charge with regard to such parcel and all interest accrued thereon shall be fully paid to the municipal authority.

b. A municipal authority shall not discontinue the supply of water to a parcel of real property pursuant to subsection a. of this section unless prior to such discontinuation the municipal authority provides written notices of the planned discontinuation at least 15 days in advance to:

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

(3) any tenants who may reside at the property and who may not be the customers of record. The notice for tenants shall include an offer to provide continued water supply services billed to the tenants. This notice shall be hand-delivered or mailed to the property, or posted in a conspicuous area of the property, and, in the case of a multiple dwelling, shall be posted in the common areas.

c. Upon a reasonable request made by an owner, customer of record, or tenant before the date on which service is to be discontinued as provided in the notice, the municipal authority shall offer a reasonable payment plan to avoid a discontinuation of the supply of water to the property.

(cf: P.L.1957, c.183, s.43)

2. Section 44 of P.L.1957, c.183 (C.40:14B-44) is amended to read as follows:

44. a. In the event that a sewer service charge of any municipal authority with regard to any parcel of real property shall not be paid as and when due, the municipal authority may, in accordance with section 57 of [this act] P.L.1957, c.183 (C.40:14B-22), cause the supply of water to such parcel by any county, municipality or other person to be stopped or restricted until such sewer service charge and any subsequent sewer service charge with regard to such parcel and all interest accrued thereon shall be fully paid to the municipal authority. If for any reason such supply of water shall not be promptly stopped or restricted as required by section 57 of [this act] P.L.1957, c.183 (C.40:14B-22), the municipal authority may itself shut off or restrict such supply and, for that purpose, may enter on any lands, waters or premises of any county, municipality or other person. Such supply of water to such parcel shall, notwithstanding the provisions of this [section] subsection, be restored or increased if the State Department of Health, upon application of the local board of health or health officer of the municipality where such parcel is situate, shall after public hearing find and shall certify to the municipal authority that the continuance of such stopping or restriction of such supply of water endangers the health of the public in such municipality.

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

(cf: P.L.1957, c.183, s.44)

3. Section 57 of P.L.1957, c.183 (C.40:14B-57) is amended to read as follows:

57. a. Each county and municipality owning or operating any system of water distribution serving 3 or more parcels of real property in the district shall, and every other person owning or operating any such system may and is hereby authorized to enter into and perform a contract with the municipal authority that it will, upon request by the municipal authority specifying a parcel of real property in the district with regard to which a service charge under section 22 of [this act] P.L.1957, c.183 (C.40:14B-22) is unpaid, cause the supply of water from its system to such parcel of real property to be stopped or restricted, as the municipal authority may request, until such service charge and any subsequent service charge with regard to such parcel and the interest accrued thereon shall be fully paid or until the municipal authority directs otherwise. No such county, municipality or other person shall be liable for any loss, damage or other claim based on or arising out of the stopping or restricting of such supply, and the municipal authority shall pay the reasonable cost of so stopping or restricting such supply and of restoring the same and may agree to indemnify such county, municipality or other person from all loss or damage by reason of such stopping or restriction, including loss of profits.

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

(cf: P.L.1957, c.183, s.57)

4. R.S.40:62-107 is amended to read as follows:

40:62-107. a. The governing body of any municipality owning its water and sewer systems and operating the same as one utility may fix a combination water and sewer rental, and in case prompt payment of said combined rent is not made according to the regulations adopted by said governing body cause said water to be shut off from such houses, tenements, buildings or other premises so supplied and not to turn the same on again until all arrears, with interest and penalties, shall be fully paid.

b. A municipality shall not discontinue the supply of water to a parcel of real property pursuant to subsection a. of this section unless prior to such discontinuation the municipality provides written notices of the planned discontinuation at least 15 days in advance to:

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

c. Upon a reasonable request made by an owner, customer of record, or tenant before the date on which service is to be discontinued as provided in the notice, the municipality shall offer a reasonable payment plan to avoid a discontinuation of the supply of water to the property.

(cf: R.S.40:62-107)

5. R.S.40:62-142 is amended to read as follows:

40:62-142. a. In case prompt payment of any water rent or rents, or for work done or materials furnished, is not made when due, the water may be shut off from such real estate, and shall not be again supplied thereto until the arrears with interest and penalties shall be fully paid.

b. A commission shall not discontinue the supply of water to a parcel of real property pursuant to subsection a. of this section unless prior to such discontinuation the commission provides written notices of the planned discontinuation at least 15 days in advance to:

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

c. Upon a reasonable request made by an owner, customer of record, or tenant before the date on which service is to be discontinued as provided in the notice, the commission shall offer a reasonable payment plan to avoid a discontinuation of the supply of water to the property.

(cf: R.S.40:62-142)

6. N.J.S.40A:31-12 is amended to read as follows:

40A:31-12. a. Rates, rentals, connection fees or other charges levied in accordance with N.J.S.40A:31-10 and [40A:31-11] N.J.S.40A:31-11, shall be a first lien or charge against the property benefited therefrom. If any part of the amount due and payable in rates, rentals, connection fees or other charges remains unpaid for 30 days following the date for the payment thereof, interest upon the amount unpaid shall accrue at a rate of interest to be determined in accordance with N.J.S.40A:31-17. The governing body or bodies of the local unit or units may authorize payment of delinquent assessments on an installment basis in accordance with R.S.54:5-19. Liens levied in accordance with this [section] subsection shall be enforceable in the manner provided for real property tax liens in chapter 5 of Title 54 of the Revised Statutes.

Nothing in this [section] subsection shall be construed to limit the right of a local unit or local units to discontinue service to any property for the failure to pay any amount owing within 30 days after the date the amount is due and payable [, if written notice of the proposed discontinuance of service and of the reasons therefor has been given, within at least 10 days prior to the date of discontinuance, to the owner of record of the property. In the event that notice is provided by mail, the notice requirements shall be satisfied if the mailing is made to the last known address of the owner of record and is postmarked at least 10 days prior to the date of discontinuance].

b. A local unit shall not discontinue the supply of water to a parcel of real property pursuant to subsection a. of this section unless prior to such discontinuation the local unit provides written notices of the planned discontinuation at least 15 days in advance to:

(1) the owner of the property;

(2) the customer of record to whom the last preceding bill was sent, if different from the owner; and

c. Upon a reasonable request made by an owner, customer of record, or tenant before the date on which service is to be discontinued as provided in the notice, the local unit shall offer a reasonable payment plan to avoid a discontinuation of the supply of water to the property.

(cf: N.J.S.40A:31-12)

7. This act shall take effect immediately.

STATEMENT

This bill would require local government water purveyors to provide written notice at least 15 days in advance of discontinuing water supply to a property due to the non-payment of water bills. The bill would also require these local government water purveyors to offer a payment plan if a reasonable request is made before the scheduled date of the water supply discontinuation. The supply of water is a vital and basic need, and every effort should be made to ensure that there is a reasonable opportunity to address any payment issues in order to maintain water supply services.

The notice required under the bill would have to be sent to the property owner, the last customer of record, if different, and also to the affected property itself, by hand-delivery, mail, or posting, in order to ensure that any tenant who may not be the customer of record has an opportunity to address the unpaid water bills. If the property is a multiple dwelling, the tenant notice would also have to be posted in the common areas of the building.