Loading...
HomeMy WebLinkAbout2023-08-03 - Resolution No. 2023-22RESOLUTION NO. 2023-22 RESOLUTION OF THE BOARD OF DIRECTORS OF THE YORBA LINDA WATER DISTRICT AMENDING THE POLICY FOR DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NON-PAYMENT WHEREAS, regarding discontinuation of water service for delinquenf occounfs, fhe Yorbo Linda Wafer Disfricf ("Disfricf") is governed by Secfions 1 1 6900 - 1 1 6926 of fhe California Health & Safety Code, which is known as the Wafer Shufoff Protection Act ("Act"), and Sections 60370 - 60375.5 of fhe California Government Code; and WHEREAS, fhe Act took effect on February 1 , 2020, and required the District to adopt a Policy for Discontinuation of Residential Water Service ("Discontinuation Policy"), which establishes policies and procedures when a water bil l becomes delinquent; and WHEREAS, existing law (California Sate Drinking Water Act) declares it to be the established policy of the state that every human being has the right to sate, clean, affordable, and accessible water adequate tor human consumption, cooking, and sanitary purposes; and WHEREAS, it is the intent of the Legislature to minimize the number of Colitornians who lose access to water service due to inability to pay because water service discontinuations threaten human health and well-being, and hove disproportionate impact on infants, children, the elderly, low-income families, communities of color, people tor whom English is a second language, physically disabled persons, and persons with lite-threatening medical conditions; and WHEREAS, when there is a delinquent water bill, all Colitornians, regardless of whether they pay a water bill directly, should be treated fairly, and fair treatment includes the ability to contest a bill, seek alternative payment schedules, and demonstrate medical need and severe economic hardship; and WHEREAS, it is the intent of the Legislature that the Act provide additional procedural protections and expand upon the procedural safeguards in the Government Code, which existed prior to February 1 , 2020, and relate to utility service disconnections; and WHEREAS, on December 10, 2019, the District Board of Directors ("Board") adopted the District's Discontinuation Policy in accordance with the Act and its Legislative intent; and Resolution No. 2023-22 Amending AB 998 Policy 1 WHEREAS, the Board of Directors desires to amend the Discontinuation Policy to manage future adjustments to reconnection fees described in Section 5.2 of the Discontinuation Policy. NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Yorba Linda Water District as follows: SECTION 1. The Board hereby finds and declares that each of the foregoing Recitals are true and correct. SECTION 2. The amended Discontinuation Policy is hereby approved and adopted substantially in the form on file with the Secretary of the Board. SECTION 3. By adoption of this amended Discontinuation Policy, the Board is authorizing the General Manager and their designee to exercise certain duties and responsibilities under the Discontinuation Policy that are essential tor the operation of the District. SECTION 4. That Resolution No. 2019-31 is hereby rescinded immediately upon adoption of this Resolution. PASSED AND ADOPTED this Si'd day of August 2023 by the following called vote: AYES: Directors Barbre, DesRoches, Lindsey, and Miller NOES: None ABSTAIN: None ABSENT: Director Hawkins Brett R. Barbre, President Yorba Linda Water District ATTEST: Annie Alexander, Board Secretary Yorba Linda Water District Reviewed as to form by General Counsel: Andrew B. Gg^n, Esq. Kidman Gad^ Law LLP Resolution No. 2023-22 Amending AB 998 Poiicy YORBA LINDA WATER DISTRICT 3010-009-POL Page 1 of 8 DISCONTINUATION OF RESIDENTIAL WATER SERVICE FOR NONPAYMENT Dept/Div: Finance Approved By: Resolution No. 2023-22 Effective Date: August 3, 2023 Applicability: District Wide Supersedes: Resolution No. 2019-31 See Also: 1.0 General Policy and Authorization 1.1 Governing Authority The Yorba Linda Water District, as an agency of the state, formed as a special district pursuant to the County Water District Act (Water Code Section 30000 et seq.) (“District”) is governed in the execution of the collection of delinquent accounts by California Government Code Sections 60370 – 60375.5. As an urban or community water system that supplies water to more than 200 service connections, the District is also governed, effective February 1, 2020, by Sections 116900 – 116926 of the California Health & Safety Code, which is known as the Water Shutoff Protection Act. 1.2 Discontinuation Policy The Yorba Linda Water District Discontinuation of Residential Water Service for Nonpayment Policy (“Policy”) establishes policies and procedures when a water bill becomes delinquent. Discontinuance of water service for nonpayment is considered the final phase of the collection procedure and will be instituted only after both sufficient notification and all other reasonable payment alternatives have been exhausted. To the extent this Policy conflicts with any other District rules, regulations, or policies, this Policy shall control. 1.3 General Manager Authority By adoption of this Policy, the Board is authorizing the General Manager and their designee to exercise certain duties and responsibilities under this Policy that are essential for the operation of the District. 1.4 Contact Information For questions or assistance regarding your water bill, including options to avoid discontinuation of service for nonpayment, the District’s Customer Service staff can be reached at 714-701-3000. Customers may also visit the District’s Customer Service desk in person Monday through Thursday, from 7:00 a.m. to 6:00 p.m., except on District holidays. 2.0 Discontinuation of Service for Nonpayment on Delinquent Accounts 2.1 Delinquent Accounts Delinquent accounts are any water service bill that remains unpaid by 27th day from the billing date. This Policy applies to the collection of delinquent accounts. YORBA LINDA WATER DISTRICT 3010-009-POL Page 2 of 8 2.2 Time Period to Discontinue Service The District will discontinue water service for water service charges that have become delinquent for at least sixty (60) days. 3.0 Notices to Customer 3.1 Written Notice to Customer or Occupant/Water Consumer at Service Address The District will provide a mailed notice to the customer of record by 5:00 p.m. on the 29th day after the billing date (but no less than thirty (30) days before discontinuation of water service). A ten percent (10%) late fee will be assessed at that time. If the customer’s address is not the address of the property to which residential service is provided, the District will also send notice to the address of the property of which residential service is provided and will be addressed to “Occupant/Water Consumer”. 3.1.1 The mailed notice required in Section 3.1 above will contain: 3.1.1.1 the name and address of the customer on record; 3.1.1.2 the amount of the delinquency; 3.1.1.3 the date by which payment or payment arrangements must be made to avoid discontinuance of service; 3.1.1.4 the procedure by which the customer may request an extension or alternative payment arrangement described in Section 4; 3.1.1.5 the procedure by which the customer may contest a water bill and appeal as described in Section 12; 3.1.1.6 information regarding the availability of financial assistance, including private, local, state, or federal sources, if applicable; and 3.1.1.7 the telephone number where the customer may request a payment arrangement or receive additional information from the District. 3.2 Telephonic Notice If the mailed notice is returned through the mail as undeliverable or the customer has not paid their delinquent account at least ten (10) days before discontinuation of service, the District will also make a reasonable, good faith effort to contact the customer of record, or an adult person living at the premises of the customer, by telephone. The District will offer to provide in writing a copy of this Policy and to discuss options to avert discontinuation of water service for nonpayment, including the possibility of an extension or other payment arrangement listed in Section 4 below. 3.3 Posting of Notice to Occupants at Service Address If the District is unable to make contact with the customer or an adult person living at the service address by written notice and by telephone, the District will make a good faith effort to visit the residence and leave a notice of imminent discontinuation of residential YORBA LINDA WATER DISTRICT 3010-009-POL Page 3 of 8 water service (e.g. a door tag) and both a phone number and link to this Policy in a conspicuous place at the service address. The notice and both phone number and link to this Policy will be left at the residence at least 48 hours before discontinuation of service. The posted notice (e.g. door tag) will contain the same notice information required above in Section 3.1.1. 4.0 Extensions and Other Alternative Payment Arrangements 4.1 Time to Request an Extension or Other Alternative Payment Arrangement If a customer is unable to pay a bill during the payment period, the customer may request an extension or other alternative payment arrangement described in this Section 4. If a customer makes a request prior to discontinuation of service by the District, the request will be reviewed by the General Manager. District decisions regarding extensions and other alternative payment arrangements are final and not appealable to the District Board of Directors under Section 12. 4.2 Extension If approved by the District, a customer’s payment of their unpaid balance may be temporarily extended. Such extension may not be provided more than 3 times during a 12 month time period. The General Manager shall determine, in their discretion, whether to provide an extension, and how long an extension shall be provided to the customer. The customer shall pay the full unpaid balance by the date set by the District and must remain current on all water service charges accruing during any subsequent billing periods. The extended payment will be set forth in writing and provided to the customer. 4.3 Amortization As determined by the General Manager in their discretion, a customer’s payment of their unpaid balance may be amortized over a period of months not to exceed twelve (12) months. If amortization is approved, the unpaid balance will be divided by the number of approved months in the amortization period, and that amount will be added to the customer’s subsequent monthly bills for water service until fully paid. During the amortization period, the customer must remain current on all water service charges accruing during any subsequent billing periods. The amortization schedule and amounts due will be set forth in writing and provided to the customer. 4.4 Alternative Payment Schedule As determined by the General Manager in their discretion, a customer may pay their unpaid balance pursuant to an alternative payment schedule that will not exceed twelve (12) months. If approved, the alternative payment schedule may allow periodic lump-sum payments that do not coincide with the District’s established payment date or may provide for payments made more or less frequently than the District’s regular payment date. During the period of the alternative payment schedule, the customer must remain current on all water service charges accruing during any subsequent billing periods. The alternative payment schedule and amounts due will be set forth in writing and provided to the customer. YORBA LINDA WATER DISTRICT 3010-009-POL Page 4 of 8 4.5 Failure to Comply If a customer has been granted a payment arrangement under this Section 4 and (a) the original bill amount is delinquent by at least sixty (60) days and (b) the customer fails to: (i) pay the unpaid charges by the extension date; (ii) pay an amount due under an amortization schedule; or (iii) pay an amount due under an alternative payment schedule by its due date, then the District may discontinue water service and customer forfeits the right to any payment arrangement under this section for 6 months from the date that payment under an extension or alternative payment schedule was due. Customer may appeal this forfeited right to the General Manager, who in their sole discretion may reinstate that right. The District will post a final notice of intent to discontinue service in a prominent and conspicuous location at the service address at least 48 hours before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the District under Section 12. 5.0 Reconnection of Service 5.1 Reconnection Requirements Customers whose water service has been discontinued may contact the District regarding requirements to reconnect. 5.2 Reconnection Fees Reconnection will be subject to (a) payment of a reconnection fee pursuant to the latest adopted Fee Schedule, (b) the amount of the delinquent account, including applicable interest or penalties, and (c) a security deposit, if required by the District. All payments must be made by cash, credit card, or certified funds. Requests to reconnect after 6:00 p.m. Monday through Thursday, or any time on Friday through Sunday, or holidays will be charged an after-hours reconnection fee pursuant to the latest adopted Fee Schedule and any applicable fees listed as (a)-(c) in the paragraph. 6.0 When Service Will Not Be Discontinued 6.1 General The District will not discontinue water service for delinquent accounts (a) on a Friday, Saturday, Sunday, legal holiday, or at any time during which the District’s office is not open to the public; (b) during the District’s investigation of a timely customer complaint or request for investigation, or appeal of the District’s decision, under Section 12; or (c) during a District review of, or time period for, an approved extension, amortization, or alternative payment arrangement under Section 4, if the customer remains in compliance with one of those payment arrangements. 6.2 Special Medical and Financial Circumstance with Alternative Payment Arrangement Agreement In addition to Section 6.1, the District will not discontinue water service if all of the following are met: 6.2.1 The customer, or a tenant of the customer, submits to the District the certification of a licensed primary care provider that discontinuation of water service will be YORBA LINDA WATER DISTRICT 3010-009-POL Page 5 of 8 life threatening to, or pose a serious threat to the health and safety of, a resident of the premises where residential service is provided; 6.2.2 The customer demonstrates, as described below under Section 6.3, that they are financially unable to pay for residential service within the District’s normal billing cycle. The customer is deemed financially unable to pay during the normal billing cycle if: (a) any member of the customer’s household is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, California SSI/SSP, or California Special Supplemental Nutrition Program for Women, Infants, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent of the federal poverty level; and 6.2.3 The customer is willing to enter into a written agreement with the District regarding an extension or other alternative payment arrangement under Section 4 above for the delinquent charges. The District will select terms and conditions of the payment plan that will be set forth in a written agreement. 6.3 Customer Demonstration, and District Review, or Qualifications The customer is responsible for demonstrating that the qualifications in section 6.2 above have been met. Upon receipt of documentation from the customer, the District will review the documentation within seven (7) days and either: (a) notify the customer of the terms and conditions selected by the District and require the customer’s signature on the payment plan agreement; (b) request additional information from the customer; or (c) notify the customer that they do not meet the qualifications. 6.4 Failure to Comply The District may discontinue water service if a customer, who has been granted an alternative payment arrangement under this section 6, (a) is delinquent for sixty (60) days or more and (b) fails to do either of the following : (i) pay any amount due under the payment plan; or (ii) pay their current charges for water service. The District will post a final notice of intent to discontinue service in a prominent and conspicuous location at the service address at least five (5) business days before discontinuation of service. The final notice will not entitle the customer to any investigation or review by the District under Section 12. 7.0 Specific Program for Low Income Customers 7.1 Fee Waiver and Reconnection Fees For residential customers who demonstrate household income below 200 percent (200%) of the federal poverty level, the District will: 7.1.1 Upon request by the customers, waive interest charges or penalties on delinquent bills once every 12 months. 7.1.2 Limit a reconnection of service fee during normal operating hours at an amount not to exceed fifty dollars ($50) and during nonoperational hours at an amount not to exceed one hundred fifty dollars ($150), but neither reconnection fee is to exceed the actual cost of reconnection if it is less. Both reconnection fees shall YORBA LINDA WATER DISTRICT 3010-009-POL Page 6 of 8 be shall be subject to an annual adjustment for changes in the Consumer Price Index beginning January 1, 2021. 7.2 How to Qualify as a Low Income Customer The customer is deemed to have an income below 200 percent (200%) of the federal poverty level if: (a) any member of the customer’s household is a current recipient of CalWORKS, CalFresh, general assistance, Medi-Cal, California SSI/SSP, or California Special Supplemental Nutrition Program for Woman, Infant, and Children, or (b) the customer declares under penalty of perjury that the household’s annual income is less than 200 percent (200%) of the federal poverty level. 8.0 Procedures for Occupants or Tenants to Become Customers of the District 8.1 Applicability This section only applies when a property owner, landlord, manager, or operator of a residential service address is listed as the customer of record and has been issued a notice of intent to discontinue water service under Section 3. 8.2 Agreement to District Terms and Conditions of Service The District shall make good faith effort to inform the residential occupants, by means of written notice, when the account is in arrears that service will be terminated at least 10 days prior to the termination. The written notice shall indicate the District will make service available to the actual residential occupants if occupant agrees to both the District’s terms and conditions of service and the District’s Rules and Regulations for Water Service, which are available at www.ylwd.com or upon request. 8.2.1 If one or more of the occupants are willing and able to assume responsibility for the subsequent non-delinquent charges to the account to the satisfaction of the District, the District will make service available to those occupants who have met those requirements. 8.3 Verification of Tenancy In order for the occupant not to be responsible for the amount due on the delinquent account, an occupant who become a customer will verify that the delinquent account customer of record is or was the landlord, manager, or agent of the dwelling. Verification may include, but is not limited to, a lease or rental agreement, rent receipts, a government document indicating that the occupant is renting the property, or information disclosed pursuant to Section 1962 of the Civil Code [at the discretion of the District]. 8.4 Deduction from Rental Payments Pursuant to Government Code Sections 60371(d) and 116916(e), any occupant who becomes a customer of the District pursuant to this Section 8 and whose periodic payments, such as rental payments, include charges for residential water service, where those charges are not separately stated, may deduct from the periodic rental payment each payment period all reasonable charges paid to the District for those services during the preceding payment period. The District has no authority to enforce Section 60371(d) YORBA LINDA WATER DISTRICT 3010-009-POL Page 7 of 8 or 116916(e) and any such decision by the occupant to deduct charges is made by the occupant and not authorized by the District. 9.0 Other Remedies 9.1 In addition to discontinuance of water service, the District may pursue any other remedies available in law or equity for nonpayment of water service charges, including, but not limited to: (a) securing delinquent amounts by filing liens on real property, (b) filing a claim or legal action, or (c) referring the unpaid amount to collections. In the event a legal action is decided in favor of the District, the District will be entitled to the payment of all costs and expenses, including attorneys’ fees and accumulated fees. 10.0 Discontinuation of Water Service for Other Customer Violations 10.1 The District reserves the right to discontinue water service for any violations of District ordinances, rules, or regulations other than for nonpayment of a Delinquent Account. 11.0 Fees and Charges Incurred 11.1 Except as otherwise expressly state in this Policy, any fees and charges incurred by a customer under any other District rules, regulations, or policies will be due and payable as established in said rules, regulations, and policies. 12.0 Procedures to Contest a Water Bill 12.1 Time to Initiate a Complaint or Request an Investigation Any customer may initiate a written complaint to, or request an investigation by, the General Manager into the charges on their bill within twenty-seven (27) days of the “bill date” on the contested bill. The District may, in its discretion, review untimely complaints or requests for investigations; however, such untimely complaints or requests are not appealable to the District Board of Directors. 12.2 Review by District Upon receipt of written complaint or request, the General Manager shall review the complaint and/or conduct an investigation determined to be appropriate in the General Manager’s sole discretion. The General Manager’s review will include consideration of whether the customer may receive an extension or alternative payment schedule under Section 4. During the review and/or investigation, the customer will be provided an extension from its noted due date in order to avoid late fees, but the customer will not be provided an extension of the 60-day time period provided under Section 2.3. The investigation shall be completed within 10 days from receipt of the written complaint or request, where the customer shall be notified of the General Manager’s decision. 12.3 Outcomes of Decision If the review and/or investigation results in favor of the customer, where the billing is incorrect, an adjustment shall be applied to the customer account. If the billing is correct, the bill balance shall be due ten (10) days form the customer being notified of the General Manager’s decision. If before completion of the investigation, additional bill(s) become due, the customer is required to make payment of the entire amount due by YORBA LINDA WATER DISTRICT 3010-009-POL Page 8 of 8 the specified due date. Failure to do so may result in assessed late fees or discontinuation of service, due to nonpayment, in accordance with this Policy. 12.4 Appeal to Board of Directors Any customer, whose timely complaint or request for an investigation under this Section 12 resulted in a decision unsatisfactory to the customer, may appeal the decision to the District Board of Directors by filing a written notice of appeal with the District Secretary at bodsecretary@ylwd.com within the ten (10) days of the District’s mailing of its determination. Upon receiving the notice of appeal, the District Secretary will set the matter to be heard at an upcoming Board meeting and mail the customer written notice of the time and place of the hearing at least seven (7) days before the meeting. The decision of the Board is final. 13.0 Publication on the District Website and Translated Versions 13.1 This Policy is available on the District’s website at www.ylwd.com/sb998policy. This Policy and all written notices issued under this Policy are provided in English, Spanish, Chinese, Tagalog, Vietnamese, Korean, and any other language spoken by at least ten percent (10%) of the population within the District’s service area.