Section § 60370

Explanation

This section defines what a 'district' is for the purposes of this chapter. A 'district' refers to a state agency created by general law or special act to handle local government or proprietary tasks within set boundaries. However, this definition does not include the state itself, cities, counties, city-counties, or school districts.

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.

Section § 60371

Explanation

This law outlines what happens when a district provides essential services like electricity, water, or gas through a central meter to a building or area where someone else, like a landlord, is responsible for the bill. If this account is overdue, the district must notify the actual users—like tenants—that the service might be cut off in 10 days, but they can set up their own accounts without paying the landlord's debt. Notifications must be in English and any languages specified by the law.

If a tenant or user wants their own account, they must agree to the district’s rules. If some users agree to pay their own charges but others don’t, the district can only continue services if they can selectively stop service to those who haven't met the requirements.

For tenants needing to show a good payment record to start an account, proof of paying rent on time is enough. Lastly, tenants whose rent includes these utilities without breaking out the charges can deduct what they pay the district for these services from their rent.

(a)CA Government Code § 60371(a) If a district furnishes residential light, heat, water, or power through a master meter, or furnishes individually metered service in a single-family dwelling, multiunit residential structure, mobilehome park, or farm labor camp and the owner, manager, or farm labor employer is the customer of record, the district shall make every good faith effort to inform the actual users of the services, by means of written notice, when the account is in arrears, that service will be terminated in 10 days. The written 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. The notice shall be in English and in the languages listed in Section 1632 of the Civil Code.
(b)CA Government Code § 60371(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 subsequent charges to the 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)CA Government Code § 60371(c)  If 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)CA Government Code § 60371(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.

Section § 60372

Explanation

This law ensures that districts providing light, water, power, or heat cannot cut off residential service for unpaid bills without first notifying customers of the delinquency and potential service termination. Moreover, service cannot be terminated while there's an ongoing investigation into a customer's complaint or if the customer has been granted more time to pay. If a doctor certifies that termination could be life-threatening and the customer can't pay on time but agrees to a payment plan, service shouldn't be cut off. If a customer disputes a bill or requests more time to pay within specified timeframes, they have the right to a review and possibly an installment plan to manage the debt. Customers can appeal unfavorable decisions to a board, and those eligible can pay overdue bills over up to 12 months.

(a)CA Government Code § 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)CA Government Code § 60372(b) No district shall terminate residential service for nonpayment in any of the following situations:
(1)CA Government Code § 60372(b)(1) During the pendency of an investigation by the district of a customer dispute or complaint.
(2)CA Government Code § 60372(b)(2) When a customer has been granted an extension of the period for payment of a bill.
(3)CA Government Code § 60372(b)(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)CA Government Code § 60372(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)CA Government Code § 60372(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)CA Government Code § 60372(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.

Section § 60373

Explanation

If you get electricity, water, or other utilities from a district and can't pay your bill, they can't just cut off your service. First, they have to let you know your account is behind and give you at least 10 days' notice before shutting anything off. They have to try to contact you by phone or in person 48 hours before they do it.

The notice you get has to tell you the details of your overdue bill, how to dispute or discuss the charges, and where to find financial help if you need it. The rules make sure you have a fair chance to sort things out before they terminate your service.

If you miss a payment plan, they have to let you know 48 hours before cutting off the service and tell you what you need to do to fix it. Cutting off service without following these steps is not allowed, and if done wrongfully, the service should be turned back on without any charge.

(a)CA Government Code § 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)CA Government Code § 60373(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)CA Government Code § 60373(c) Every notice of termination of service pursuant to subdivision (a) shall include all of the following information:
(1)CA Government Code § 60373(c)(1) The name and address of the customer whose account is delinquent.
(2)CA Government Code § 60373(c)(2) The amount of the delinquency.
(3)CA Government Code § 60373(c)(3) The date by which payment or arrangements for payment is required in order to avoid termination.
(4)CA Government Code § 60373(c)(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)CA Government Code § 60373(c)(5) The procedure by which the customer may request amortization of the unpaid charges.
(6)CA Government Code § 60373(c)(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)CA Government Code § 60373(c)(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)CA Government Code § 60373(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)CA Government Code § 60373(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.

Section § 60374

Explanation

This law states that a district cannot stop electric, gas, heat, or water services on weekends, legal holidays, or when their offices are closed due to non-payment.

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.

Section § 60375.5

Explanation

This law allows a district to require new residential applicants to make a deposit before setting up a service account. The decision to require this deposit should be based only on the applicant's creditworthiness, as determined by the district.

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.