CITY OF MANTECA, CALIFORNIA
FINANCE ADMINISTRATIVE DIRECTIVE
Subject:
SB 998 - Discontinuation of Residential Water
Service for Nonpayment Policy
Effective Date: 2/1/2020
Revised date:
REFERENCE:
This policy is established under the authority extended to the City of Manteca by the California Health and Safety Code, Division 104, Part 12, Chapter 6 “Discontinuation of Residential Water Service.”
PURPOSE:
The purpose of this policy is to define the conditions and procedures for discontinuing residential water service due to an account holders’ nonpayment of water charges, including how account holders and/or occupants are notified by this policy, how they may obtain a payment arrangement or alternative payment schedule, how they may contest or appeal water charges, and how they may restore service after it has been discontinued for nonpayment.
Pursuant to California Health & Safety Code section 116904, the City of Manteca (‘City’) must provide a “Discontinuation of Residential Water Service” policy on and after February 1, 2020.
POLICY:
It is the City’s policy to notify residential customers of an impending discontinuation of residential water service due to nonpayment of water charges. Residential water service shall not be discontinued for nonpayment until the following three conditions are met:
(1) Water charges are delinquent for at least sixty (60) days; (2) The account holder and/or occupants have been notified of this policy in writing no less than ten (10) business days before discontinuation of service; and (3) The account holder has:
(a) Failed to obtain or maintain a payment arrangement or alternative payment schedule with the Utility Billing Division for 60 days or more; or (b) Not timely contested or appealed the water charges to the Utility Billing Division; or
(c) Not paid current water charges for 60 days or more.
Exhibit "A" ATTACHMENT 2
These three conditions are further described as follows:
Condition (1) – delinquent water charges
For the purposes of this policy, water charges will be considered delinquent if all or part of the water charges has not been paid for at least 60 days from the billing due date.
The City shall provide written or telephone notification to an account holder and/or occupant of the delinquent charges no less than ten (10) business days before discontinuation of residential service for nonpayment.
If the City fails to reach the customer by telephone or written notice is returned as undeliverable, the City shall make a “good faith effort” to visit the residence and leave, in a conspicuous place, notice of their imminent discontinuation for nonpayment and a copy of this policy for discontinuation of residential water service. After termination, the City shall provide discontinued customers with information on how to restore residential water services.
Where the City provides individually metered residential water services, the City must provide renters and mobile home residents with written notice prior to discontinuation of service due to nonpayment by their landlord.
Condition (2) – notification of this policy
This policy will be provided to the customer and will include the following:
(a) The account holder’s name and service address;
(b) The amount of the delinquency;
(c) The date by which payment or an arrangement for payment is required in order to avoid discontinuation of water services;
(d) Instructions on how to apply for a payment arrangement or alternative payment schedule; and
(e) Instructions on how to contest or appeal water charges.
Written Notice: a written notification shall be delivered either by U.S. mail, or by personal delivery. For those account holders who receive a paper utility bill, notice will be sent to the account holder’s postal address and the service address, if the two addresses are not the same.
When U.S. mail is not possible, personal delivery will be to the service address, and the notice will be left in a conspicuous place or wherever field personnel can safely post the notice.
Exhibit "A" ATTACHMENT 2
Condition (3)
(a) – obtaining payment arrangements or alternative payment schedules The City shall offer a payment arrangement or alternative payment schedule once the account holder submits the following information by the date indicated on the notice (See Condition (2)):
(a) Certification of Primary Care Provider – this form (Form 998-A) certifies that discontinuation of water service poses a serious threat to the health and safety of residents living at the service address.
(b) Certification of Financial Hardship – this form (Form 998-B) provides supporting documents and certifies that the residents living at the service address are unable to pay for water within the City’s normal billing cycle.
-ORDeclaration of Household Income – this form (Form 998-B2) provides supporting documentation for the Certification of Financial Hardship and is used to declare that the household’s annual income is less than 200% of the federal poverty level.
The account holder shall submit the aforementioned forms to Utility Billing division, located at 1001 W. Center St. Ste. D, Manteca, CA 95337; or via fax at (209) 923-8930; or via email at [email protected]. Upon receipt of the aforementioned forms, Utility Billing will contact the account holder within 15 business days and offer to enter into a payment arrangement in writing on a City provided form (Form 998-C). Payment arrangements or alternative payment schedules may only be made between the City and the account holder. Once agreed upon, a payment arrangement or alternative payment schedule may not be extended or modified. A payment arrangement or alternative payment schedule shall be considered null and void if any part of it is not kept for 60 days or more, or if water charges contained in subsequent bills are not paid for 60 days or more (see Condition (3)(c) current water charges).
(b) – contesting or appealing water charges
An account holder may contest or appeal the accuracy of the charges or the customer’s liability for payment. Water charges may be contested or appealed by filing a written request with the Finance Director or the Designee, located at 1001 W. Center St. Ste. D, Manteca, CA 95337. Matters such as the quality of service, rates of service, or the terms and conditions of payment arrangement or alternative payment schedule may not be contested or appealed to Utility Billing.
Exhibit "A" ATTACHMENT 2
(c) – current water charges
For the purposes of this policy, current water charges shall mean any charges billed after those that have been addressed by a payment arrangement or alternative payment schedule.
Current water charges not paid for 60 days or more shall cause the water service to be shut off for nonpayment. Current water charges shall be ineligible for a payment arrangement or alternative payment schedule if a payment arrangement or alternative payment schedule for a previous bill is already in effect.
Shutoff for Nonpayment
If the above-three conditions are met, the City will post final notice impending water shutoff at the service address at least ten (10) business days before shutoff.
Restoral of Service
After service has been shutoff for nonpayment, Utility Billing shall provide information to the account holder on how to restore residential water service. A service disconnection and reconnection fee as adopted by City Council resolution will apply for all customers. Fees shall be subject to an annual adjustment. Services that are off or locked cannot be reestablished after hours if the disruption is due to nonpayment or dishonored checks.
Miscellaneous Policy Provisions
Languages. This policy, and all written notices required under this policy, will be available in multiple languages as required by Section 1632 of the California Civil Code.
Contact. A City representative is available to speak with account holders during regular business hours at (209) 456-8730 to discuss this policy as well as options for averting discontinuation of residential service for nonpayment.
Posting of Policy. The City will post this policy on the City’s website.
Systems to Report Discontinuations. Utility Billing shall report the number of annual discontinuations of residential water service for inability to pay on the City’s website and report to the State Water Resources Control Board.
Applicability of Policy. This policy does not apply to the termination by the City of a service connection for any other purpose.
Exhibit "A" ATTACHMENT 2