2007 California Government Code Chapter 9.6. District Utility Services

CA Codes (gov:60370-60375.5)

60370.  As used in this chapter, "district" means any agency of the
state, formed pursuant to general law or special act, for the local
performance of governmental or proprietary functions within limited
boundaries.  "District" shall not include the state, any city, city
and county, county, or school district.


60371.  (a) Whenever a district furnishes residential light, heat,
water, or power through a master meter, or furnishes individually
metered service in a multiunit residential structure, mobilehome
park, or farm labor camp where the owner, manager, or farm labor
employer is listed by the district as the customer of record of the
service, the district shall make every good faith effort to inform
the actual users of the services, when the account is in arrears, by
means of a notice, that service will be terminated in 10 days.  The
notice shall further inform the actual users that they have the right
to become customers of the district without being required to pay
the amount due on the delinquent account.
   (b) The district is not required to make service available to the
actual users unless each actual user agrees to the terms and
conditions of service, and meets the requirements of the district's
rules and tariffs.  However, if one or more actual users are willing
and able to assume responsibility for the entire account to the
satisfaction of the district, or if there is a physical means,
legally available to the district, of selectively terminating service
to those actual users who have not met the requirements of the
district's rules and tariffs, the district shall make service
available to the actual users who have met those requirements.
   (c) Where prior service for a period of time is a condition for
establishing credit with the district, residence and proof of prompt
payment of rent for that period of time is a satisfactory equivalent.

   (d) Any actual user who becomes a customer of the district
pursuant to this section whose periodic payments, such as rental
payments, include charges for residential light, heat, water, or
power, where these charges are not separately stated, may deduct from
the periodic payment each payment period all reasonable charges paid
to the district for those services during the preceding payment
period.


60372.  (a) No district furnishing its inhabitants with light,
water, power, or heat may terminate residential service for
nonpayment of a delinquent account  unless the district first gives
notice of the delinquency and impending termination, as provided in
Section 60371.
   (b) No district shall terminate residential service for nonpayment
in any of the following situations:
   (1) During the pendency of an investigation by the district of a
customer dispute or complaint.
   (2) When a customer has been granted an extension of the period
for payment of a bill.
   (3) On the certification of a licensed physician and surgeon that
to do so will be life threatening to the customer and the customer is
financially unable to pay for service within the normal payment
period and is willing to enter into an amortization agreement with
the district pursuant to subdivision (e) with respect to all charges
that the customer is unable to pay prior to delinquency.
   (c) Any residential customer who has initiated a complaint or
requested an investigation within five days of receiving the disputed
bill, or who has, within 13 days of mailing of the notice required
by subdivision (a), made a request for extension of the payment
period of a bill asserted to be beyond the means of the customer to
pay in full during the normal period for payment, shall be given an
opportunity for review of the complaint, investigation, or request by
a review manager of the district.  The review shall include
consideration of whether the customer shall be permitted to amortize
the unpaid balance of the account over a reasonable period of time,
not to exceed 12 months.  No termination of service shall be effected
for any customer complying with an amortization agreement, if the
customer also keeps the account current as charges accrue in each
subsequent billing period.
   (d) Any customer whose complaint or request for an investigation
pursuant to subdivision (c) has resulted in an adverse determination
by the district may appeal the determination to the board.  Any
subsequent appeal of the dispute or complaint to the board is not
subject to this section.
   (e) Any customer meeting the requirements of paragraph (3) of
subdivision (b) shall, upon request, be permitted to amortize, over a
period not to exceed 12 months, the unpaid balance of any bill
asserted to be beyond the means of the customer to pay within the
normal period for payment.


60373.  (a) No district furnishing light, heat, water, or power may
terminate residential service on account of nonpayment of a
delinquent account unless the district first gives notice of the
delinquency and impending termination, at least 10 days prior to the
proposed termination, by means of a notice mailed, postage prepaid,
to the customer to whom the service is billed not earlier than 19
days from the date of mailing the district's bill for services, and
the 10-day period shall not commence until five days after the
mailing of the notice.
   (b) Every district shall make a reasonable, good faith effort to
contact an adult person residing at the premises of the customer by
telephone or in person at least 48 hours prior to any termination of
service except that whenever telephone or personal contact cannot be
accomplished, the district shall give, by mail or by posting in a
conspicuous location at the premises, a notice of termination of
service, at least 48 hours prior to termination.
   (c) Every notice of termination of service pursuant to subdivision
(a) shall include all of the following information:
   (1) The name and address of the customer whose account is
delinquent.
   (2) The amount of the delinquency.
   (3) The date by which payment or arrangements for payment is
required in order to avoid termination.
   (4) The procedure by which the customer may initiate a complaint
or request an investigation concerning service or charges, except
that if the bill for service contains a description of that
procedure, the notice pursuant to subdivision (a) is not required to
contain that information.
   (5) The procedure by which the customer may request amortization
of the unpaid charges.
   (6) The procedure for the customer to obtain information on the
availability of financial assistance, including private, local,
state, or federal sources, if applicable.
   (7) The telephone number of a representative of the district who
can provide additional information or institute arrangements for
payment.
   Every notice of termination of service pursuant to subdivision (b)
shall include the items of information in paragraphs (1), (2), (3),
(6), and (7).
   All written notices shall be in a clear and legible format.
   (d) If a residential customer fails to comply with an amortization
agreement, the district shall not terminate service without giving
notice to the customer at least 48 hours prior to termination of the
conditions the customer is required to meet to avoid termination, but
the notice does not entitle the customer to further investigation by
the district.
   (e) No termination of service may be effected without compliance
with this section, and any service wrongfully terminated shall be
restored without charge for the restoration of service.



60374.  No district shall, by reason of delinquency in payment for
any electric, gas, heat, or water services, cause cessation of the
services on any Saturday, Sunday, legal holiday, or at any time
during which the business offices of the district are not open to the
public.



60375.5.  The decision of a district to require a new residential
applicant to deposit a sum of money with the district prior to
establishing an account and furnishing service shall be based solely
upon the credit worthiness of the applicant as determined by the
district.