Section 12823.1 Of Article 5. Utility Works And Service From California Public Utilities Code >> Division 6. >> Chapter 6. >> Article 5.
12823.1
. (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 attempt to contact an
adult person residing at the premises of the customer by telephone or
personal contact, at least 24 hours prior to any termination of
service, except that, whenever telephone or personal contact cannot
be accomplished, the district shall give, by mail, in person, 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 district shall make available to its residential
customers who are 65 years of age or older, or who are dependent
adults as defined in paragraph (1) of subdivision (b) of Section
15610 of the Welfare and Institutions Code, a third-party
notification service, whereby the district will attempt to notify a
person designated by the customer to receive notification when the
customer's account is past due and subject to termination. The
notification shall include information on what is required to prevent
termination of service. The residential customer shall make a
request for third-party notification on a form provided by the
district, and shall include the written consent of the designated
third party. The third-party notification does not obligate the third
party to pay the overdue charges, nor shall it prevent or delay
termination of service.
(d) 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.
(e) 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.
(f) No termination of service may be effected without compliance
with this section. Any service wrongfully terminated shall be
restored without charge for the restoration of service, and a
notation thereof shall be mailed to the customer at his or her
billing address.