The five defined foreign languages are Spanish, Chinese, Tagalog, Vietnamese and Korean (most legal firms do not think Google translation will be adequate and that a professional translator must be retained). You guessed it, the appeals process is not defined in SB 998. Do most agencies adopt two different policies – one for low income and one for other residential customers? However, all of the firms agree that where existing law is more stringent than SB 998, the water system should err on the side of the customer and adopt the more stringent rule to be safe from legal challenge. There are additional restrictions on reconnection fees for low income residents, which cannot exceed $50 during working hours and $150 during non-operational hours. Payment Arrangements – the customer agrees to a defined payment plan. They have indicated it is less expensive than using their own labor and everyone loves to get a package, right? Using this notice, you can legally turn off the water for a set period of time because the tenant is made aware of the shut-off beforehand. For some agencies it cannot since the payment plan feature doesn’t properly exclude payment plans from shut offs. Notice can be given by telephone or in writing and there must be an offer to provide the shut-off policy, and discuss options to avoid shut-off, including alternative payment schedules, deferred payments, and amortization of the bill over a period of time. If the water system is unable to contact an adult occupant, a door hanger with the policy and notices must be placed in a conspicuous spot at the residence. Again, it cannot be emphasized enough to consult your legal counsel and other professionals on the proper way for your agency to implement SB 998. Cindy founded Platinum Consulting Group, a consulting firm that offers part-time CFO/Finance Director services and financial consulting to a wide variety of public agencies. However, Proposition 26 does not allow an agency to charge more than the actual cost of service for such reconnection services. The bill did not consider the administrative or operational challenges of implementing the new law. Concerns surrounding privacy issues and the posting of shut off notices have been noted, and there are no definitive answers. Some counsels have advised it’s ok to have a statement in the final door hanger in all six languages that the customer can obtain the full policy in one of the languages by contacting the agency or reference the agency’s website, however, the English policy must still be attached to the final notice. By now most of you have read the text or heard of Senate Bill (SB) 998, the Water Shutoff Protection Act, and are making changes to your existing shut-off policy to comply by February 1, 2020. Financial Inability – the customer declares that they are 200% below the federal poverty line or participate in public assistance programs such as Medi-Cal or CalWorks. Platinum Consulting Group works with several legal firms at different water agencies, and each firm is interpreting the bill a little differently. This avoids the need to verify low income status and treats everyone the same. Some smaller agencies plan to use Fed Ex to deliver the shut-off notices, which will provide proof of delivery. In response, some agencies are switching to monthly billing partially to shorten the delinquent period. In short, SB 998 lengthens the minimum water meter shut off period from 34 days to 60 days and requires every water system with over 200 connections to have a written policy on the discontinuation of water service for non-payment. The policy must include a 60-day delinquent waiting period before service is discontinued, with a seven business days’ notice before the shutoff. Many agencies are increasing their up-front deposit or will start charging a deposit on new accounts. A common question has been, does the agency need to have all communications (such as a phone call or initial disconnect notice) in all five languages? The policy must include a 60-day delinquent waiting period before service … There is much more to this bill than addressed in this article (such as master meters, Prop 26/218 issues, reporting rules, and potential fines and penalties). Health Conditions – a primary care provider certifies the discontinuation of water service would be life threatening or pose a serious threat to the health/safety of a resident (can be any resident in the residence). This new law addresses shut offs for residential non-payment only, which means your shut off policies for meter tampering and commercial accounts do not need to change.
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