§ 116910. — 116910. (Amended by Stats. 2023, Ch. 855, Sec. 6.)

California § 116910.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 104.: DIVISION 104. ENVIRONMENTAL HEALTH
• Part 12.: PART 12. DRINKING WATER
• Ch. 6.: CHAPTER 6. Discontinuation of Residential Water Service

Text

(a)
A covered water system shall not discontinue residential service for nonpayment if all of the following conditions are met:
(1)
The customer, or a tenant of the customer, submits to the covered water system the certification of a primary care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of Section 14088 of the Welfare and Institutions Code, that discontinuation of residential service will be life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided.
(2)
The customer demonstrates that they are financially unable to pay for residential service within the covered water
system’s normal billing cycle. The customer shall be deemed financially unable to pay for residential service within the covered water system’s normal billing cycle if any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental Security Income/State Supplementary Payment Program, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or the customer declares that the household’s annual income is less than 200 percent of the federal poverty level.
(3)
The customer is willing to enter into an amortization agreement, alternative payment schedule, or a plan for deferred or reduced payment, consistent with the written policies provided pursuant to subdivision (a) of Section 116906, with respect to all delinquent charges.
(b)
(1)
If the conditions listed in
subdivision (a) are met, the covered water system shall offer the customer one or more of the following options:
(A)
Amortization of the unpaid balance.
(B)
Participation in an alternative payment schedule.
(C)
A partial or full reduction of the unpaid balance financed without additional charges to other ratepayers.
(D)
Temporary deferral of payment.
(2)
The covered water system may choose which of the payment options described in paragraph (1) the customer undertakes and may set the parameters of that payment option. Ordinarily, the repayment option offered should result in repayment of any remaining outstanding balance within 12 months. A covered water system may grant a longer repayment
period if it finds the longer period is necessary to avoid undue hardship to the customer based on the circumstances of the individual case.
(3)
Residential service may be discontinued no sooner than five business days after the covered water system posts a final notice of intent to disconnect service in a prominent and conspicuous location at the property under either of the following circumstances:
(A)
The customer fails to comply with an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges for 60 days or more.
(B)
While undertaking an amortization agreement, an alternative payment schedule, or a deferral or reduction in payment plan for delinquent charges, the customer does not pay their current residential service charges for 60 days or
more.

Legislative History

Amended by Stats. 2023, Ch. 855, Sec. 6. (SB 3) Effective January 1, 2024.