Section 12823 - Termination of residential service for nonpayment of delinquent account(a) A district furnishing its inhabitants with light, water, power, or heat shall not 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 12823.1.(b) A district shall not 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 before delinquency.(c) A residential customer who has initiated a complaint or requested an investigation within five days of receiving a disputed bill, or who has, within 13 days of the mailing of the notice required by subdivision (a), made a request for an 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, generally within 12 months, but a district may grant a longer period of time if the district finds a longer period of time is necessary to avoid undue hardship to the customer based on the individual circumstances of the case. 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) A 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. A subsequent appeal of the dispute or complaint to the board is not subject to this section.(e) A customer meeting the requirements of paragraph (3) of subdivision (b) shall, upon request, be permitted to amortize the unpaid balance of any bill asserted to be beyond the means of the customer to pay within the normal period for payment, generally within 12 months, but a district may grant a longer period if the district finds a longer period is necessary to avoid undue hardship to the customer based on the individual circumstances of the case.Ca. Pub. Util. Code § 12823
Amended by Stats 2024 ch 1000 (AB 178),s 3, eff. 9/30/2024.Amended by Stats. 1985, Ch. 888, Sec. 10.