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LEGAL NEWSLINE

Saturday, November 16, 2024

California AG issues revised guidance on protections against residential water shutoffs

State AG
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Attorney General Rob Bonta | Official website

California Attorney General Rob Bonta has issued revised legal guidance to water providers, reflecting recent changes in the Water Shutoff Protection Act. These revisions aim to support more tenants and homeowners who are behind on their water payments. The updates stem from Senate Bill 3 (SB 3, Dodd), adopted by the Legislature in 2023, which expanded the protections of the 2022 Water Shutoff Protection Act to include smaller water systems. Previously, the Act applied only to systems with over 200 residential service connections.

Attorney General Bonta emphasized that water providers must offer alternative payment options to all customers unable to pay their water bills, regardless of medical or financial criteria. He also issued a consumer alert available in multiple languages, advising Californians on steps they can take if they are behind on their water bills.

“From cooking to cleaning, water is a basic necessity that every Californian needs,” said Attorney General Bonta. “Every individual and family should have access to this essential resource, regardless of their financial circumstances. With today’s legal alert, we are ensuring water providers understand the protections provided to residential water customers under the law. I urge Californians to know their rights and financial options if they’re facing a water shutoff.”

Senator Bill Dodd added, “Access to water is a fundamental right. The attorney general’s action reminds people they can continue using water for drinking, cooking and necessities such as washing clothes while they get caught up on missed payments. It supports my past legislation and ensures the tap does not get turned off just because someone falls behind on their bills.”

Under the updated Water Shutoff Protection Act:

- Water providers cannot discontinue residential service unless the bill is at least 60 days overdue.

- Providers must give at least seven days’ notice before terminating services and make good faith efforts if initial contact attempts fail.

- Service cannot be discontinued for residents meeting certain health and financial requirements who are willing to make alternative payments.

- Providers must offer plans for deferred or reduced payments and mechanisms for contesting or appealing bills.

- Annual reports on residential shutoffs due to inability to pay must be submitted to the State Water Resources Control Board and posted online if possible.

Californians behind on their water payments are advised:

1. To seek information from their provider since most cannot shut off service unless a bill is 60 days overdue.

2. To explore eligibility for discounts based on income or benefits like CalFresh or Medi-Cal.

3. To report violations at oag.ca.gov/report or contact relevant state bodies for complaints about shutoffs or investor-owned utilities.

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