Bill Text: MI HB4393 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Public utilities; water utilities; water shutoff protection act; enact. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-03-22 - Bill Electronically Reproduced 03/21/2017 [HB4393 Detail]
Download: Michigan-2017-HB4393-Introduced.html
HOUSE BILL No. 4393
March 21, 2017, Introduced by Reps. Chang, Love, Hammoud, Pagan, Yanez, Neeley, Wittenberg, Moss, Sneller, Phelps, Geiss, Hoadley, Gay-Dagnogo, Rabhi, LaGrand and Ellison and referred to the Committee on Local Government.
A bill to prescribe the powers and duties of certain providers
of water and sewerage service in this state; to prescribe the
powers and duties of certain state officers and entities; to create
a fund; and to prohibit certain acts and practices of providers of
water and sewerage service.
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".
Sec. 2. As used in this act:
(a) "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.
(b) "Provider" means any water and sewerage system that
provides water or sewerage service in this state.
(c) "Senior citizen customer" means a utility customer who is
62 years of age or older and who advises the provider of his or her
eligibility.
Sec. 3. (1) A provider may shut off service temporarily for
reasons of health or safety, in a state or national emergency, or
if a customer has not paid a delinquent account and the provider is
able to document the customer's ability to pay. When a provider
shuts off service for reasons of health or safety, the provider
shall leave a notice at the premises.
(2) Subject to section 4 and except as otherwise provided in
subsection (1), a provider shall not shut off service unless the
provider does both 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 30 days and not
more than 45 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.
(3) 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.
(4) A provider may establish a water affordability program for
a customer who claims an inability to pay in full.
(5) A notice of shutoff under subsection (2) must contain 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.
(d) That the customer has the right to enter into a payment
plan or water affordability program, if applicable, if the customer
is presently unable to pay in full.
(e) That the customer may submit a signed nonaffordability
affidavit indicating the reasons or conditions that affect the
customer's ability to afford the payments.
(f) The telephone number and address of the provider where the
customer may make inquiry, enter into a payment plan, or file a
complaint.
(g) A statement that during the time period between October 1
to March 31 the provider will postpone the shutoff of service if a
household member is seriously ill, elderly, has a disability, or is
dependent on a life support system, 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).
(6) 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.
(7) 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.
(8) For an involuntary shutoff, at least 1 week before shutoff
of service, the provider shall make at least 2 attempts to contact
the customer by 1 or more of the following methods:
(a) A personal visit is made to the premises where shutoff of
service is proposed where direct contact is made with a member of
the customer's household.
(b) A written notice is posted on the door of the premises to
be shut off and on the customer's door, if the account customer has
a different address.
(c) A personal or automated telephone call where direct
contact is made with an adult member of the household or a message
is recorded.
(9) A notice of shutoff sent under subsection (2) is
considered as 1 attempt under subsection (8).
(10) The provider shall document all attempts to contact the
customer under subsection (8).
(11) Immediately before the shutoff of service, an employee 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.
(12) When a provider employee shuts off service, the employee
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.
(13) For an involuntary shutoff using meters with remote shut-
off and restoration capacity, at least 1 day before shutoff of
service, the provider shall make at least 2 attempts to contact the
customer by 1 of the methods listed in subsection (8). Any notice
must state that the disconnection of service will be performed
remotely and that a provider representative will not return to the
premises before disconnection. The provider shall document all
attempts to contact the customer. If the provider contacts the
customer or other responsible individual in the customer's
household by telephone on the day service is to be shut off, the
provider shall inform the customer or other responsible individual
that shutoff of service is imminent and of the steps necessary to
avoid shutoff. Unless the customer presents evidence that
reasonably demonstrates that the claim is satisfied or is in
dispute, the customer makes payment, or the customer presents
evidence of a payment plan or medical condition, the employee may
shut off service. If the provider complies with the notice
requirements of this subsection, no further customer contact is
required on the day service is to be shut off and the provider may
shut off service.
(14) A provider shall not shut off service for any of the
following reasons:
(a) The customer has not paid for concurrent service received
at a separate metering point, residence, or location.
(b) The customer has not paid for service at a premises
occupied by another person. 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 unoccupied.
(ii) If the premises are occupied and the occupant agrees, in
writing, to the shutoff of service.
(iii) If it is not feasible to provide service to the occupant
as a customer without a major revision of existing distribution
facilities.
(iv) If it is feasible to provide service to the occupant as a
customer without a major revision of existing distribution
facilities and the occupant refuses to put the account for future
services in his or her name.
(15) 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 have been made.
(16) 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.
(17) For providers using meter technology with remote shut-off
and restoration capability, service must be restored on the first
working day after the customer requests restoration, except in the
case of documented equipment failure.
(18) The provider may assess the customer a reasonable charge
for restoring service or relocating the customer's meter.
Sec. 4. (1) A provider shall not shut off service to a
customer for nonpayment of a delinquent account if the customer is
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,
or is a low-income residential customer who has entered into a
payment plan or water affordability program.
(2) 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 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 all of the
following information:
(a) The nature of the default.
(b) 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.
(c) The date on or after which the provider may shut off
service, unless the customer takes appropriate action.
(d) A statement that the customer may petition the provider in
accordance with the provider's rules disputing the claim before the
date of the proposed shutoff of service.
(e) 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.
(f) The telephone number and address of the provider where the
customer may make inquiry, enter into a payment plan, or file a
complaint.
(g) A statement that the provider will postpone shutoff of
service if a medical emergency exists at the customer's residence.
(h) A statement that the provider may require a reasonable
restoration charge if the provider shuts off service for nonpayment
of a delinquent account.
Sec. 5. Within 4 days after receiving a delinquency notice or
notice of shutoff, property owners shall notify all affected
tenants by mail about the delinquency or pending shutoff. If a
property owner is unable to pay water bills due to a tenant's lack
of payment of rent for 3 or more months, the property owner may
contact the water provider to make arrangements for a payment plan
based on the tenant's payment of rent.
Sec. 6. (1) The low-income water assistance fund is created
within the state treasury.
(2) The state treasurer may receive money or other assets from
any source for deposit into the fund. The state treasurer shall
direct the investment of the fund. The state treasurer shall credit
to the fund interest and earnings from fund investments.
(3) Money in the fund at the close of the fiscal year remains
in the fund and does not lapse to the general fund.
(4) The department of health and human services is the
administrator of the fund for auditing purposes.
(5) The department of health and human services shall expend
money from the fund, upon appropriation, only for 1 or more of the
following purposes:
(a) Assisting low-income residential customers with payment of
past due water bills when those customers are unable to afford
their water bills.
(b) Assisting low-income residential customers with water
conservation in their homes.
(6) The department of health and human services may develop
rules and policies to implement the low-income water assistance
fund, in consultation with providers, local governments, consumer
organizations, environmental organizations, and public health
experts.
