SENATE BILL NO. 252 A bill to prescribe the powers and duties of certain providers of retail water service in this state; to prescribe the powers and duties of certain state officers and entities; to prohibit certain acts and practices of providers of retail water service; and to provide for remedies and penalties for certain violations of this act. the people of the state of michigan enact: Sec. 1. This act may be cited as the "water shutoff protection act". Sec. 3. As used in this act: (a) "Critical care customer" means a residential customer who requires, or has a household member who requires, water or sanitation for home medical equipment, a life-support system, or treatment or therapy to reduce a public health risk, or has a communicable disease, and provides appropriate documentation to a provider from a physician or medical facility that identifies the medical equipment, life-support system, treatment, or therapy and certifies that an interruption of service would be immediately life-threatening or cause harmful health consequences. (b) "Delinquency" means the measure by which a provider determines a payment is late or overdue. (c) "Delinquent account" means an account or bill for water, sewage, stormwater, or other similar services and for which there is a delinquency. (d) "Eligible customer" means a residential customer whose household income does not exceed 200% of the federal poverty guidelines, as published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902, or who meets any of the following requirements: (i) Has received assistance from a state emergency relief program within the past year. (ii) Receives food assistance under the federal supplemental nutrition assistance program administered by this state. (iii) Receives medical assistance administered by this state under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. (iv) Receives assistance under the Michigan energy assistance program created in section 3 of the Michigan energy assistance act, 2012 PA 615, MCL 400.1233. (v) Receives assistance under the special supplemental nutrition program for women, infants, and children. (vi) Receives supplemental security income. (vii) Receives assistance under the weatherization assistance program. (e) "Lawful occupant" means an individual who resides in a home and who has a valid lease, rental agreement, or affidavit of tenant responsibility for the water bill. (f) "Program administrator" means the department, provider, or third-party organization that administers a water affordability program. (g) "Provider" means a community water supply that is publicly or privately owned and that provides retail water service in this state. (h) "Residential customer" means an individual who receives, or is eligible to receive, water service at the individual's primary premises. (i) "Water affordability program" means the low-income water residential affordability created in section 14o of the social welfare act, 1939 PA 280, MCL 400.14o, or a low-income water affordability program designed and implemented in accordance with section 14s of the social welfare act, 1939 PA 280, MCL 400.14s. Sec. 5. (1) A provider may shut off service temporarily to all residential customers, including critical care customers, for reasons of health or safety, in a state or national emergency, or, subject to this section and section 7, if a residential customer has not paid a delinquent account. When a provider shuts off service for reasons of health or safety, the provider must issue a notification that is consistent with the requirements of the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, to the residential customer. (2) Subject to section 7, a provider shall not shut off service because a residential customer has not paid a delinquent account unless the provider contacts the residential customer at least 3 times using 2 or more of the following methods, as practicable: (a) Posts a delinquency notice on the door of the premises to be shut off and, if the account customer has a separate mailing address, mails a delinquency notice to that address not less than 60 days and not more than 90 days before the date of a proposed shutoff, that notifies the occupant of the property of a delinquency in payments and informs the occupant of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the delinquency notice was posted. (b) Makes a personal visit to the premises where shutoff of service is proposed and direct contact is made with the head of household notifying that individual of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date direct contact was made. A personal visit described under this subdivision may be conducted by a contracted third-party organization or other agent of the provider. (c) Makes a personal or automated telephone call to the telephone number identified on the customer account where direct contact is made or a message is recorded notifying that individual of a delinquency in the payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the call was made. (d) Sends a direct text message to the telephone number identified on the customer account notifying that individual of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the text message was sent. (e) Sends a written notice by first-class mail to the premises where shutoff of service is proposed that notifies the account customer of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the written notice was sent. (3) At least 1 of the contacts made by the provider must be a delinquency notice as provided for under subsection (2)(a). (4) All written and oral notices of shutoff under subsection (2) must contain, at a minimum, all of the following information: (a) The address at which service is provided. (b) A clear and concise statement of the reason for the proposed shutoff of service. (c) The date on or after which the provider may shut off service, unless the residential customer takes appropriate action, and a description of the available courses of action to prevent a shutoff or restore service following a shutoff. (d) A statement that the provider will not shut off service if a residential customer has entered and remains in compliance with an applicable payment plan or water affordability program. (e) The telephone number and address of the program administrator where the residential customer may make an inquiry, enter into an applicable payment plan or water affordability program, or petition the provider in accordance with the provider's rules to dispute a delinquent account. (f) A statement that if the residential customer that receives the notice is a tenant whose lessor is responsible for the water or sewage bill, the tenant may prevent shutoff if the tenant contacts the provider immediately and provides documentation demonstrating that the tenant is not responsible for the water or sewage bill and that the tenant does not owe any delinquent rent payments. This subdivision does not preclude a provider from offering additional options for the tenant to maintain service. (5) Except as otherwise provided in this subsection, a provider shall delay shutoff of service to a residential customer that pays at least $10.00 per month, or another amount approved by the provider, on a delinquent account and applies for enrollment in a water affordability program with the provider, the department of health and human services, or a third-party organization that administers a water affordability program. A provider is not required to delay shutoff of service under this subsection if any of the following apply: (a) The residential customer applied to a water affordability program and at least 10 business days have passed since the program administrator determined that the residential customer is not eligible. (b) The residential customer applied to a water affordability program and was determined to be eligible but did not enroll in the program within 10 business days. (c) The residential customer paid at least $10.00 per month but did not apply to a water affordability program within 10 business days after the date the final notice of shutoff was issued. (6) Subject to the requirements of this act, a provider may shut off service to a residential customer on the date specified in the notice of shutoff or at a reasonable time following that date. If a provider does not shut off service and mails a subsequent notice, then the provider shall not shut off service before the date specified in the subsequent notice. Shutoffs must occur only between the hours of 8 a.m. and 3 p.m. (7) A provider shall not shut off service on a day, or a day immediately preceding a day, when the services of the provider are not available to the general public for the purpose of restoring service. (8) The day before or the day of the planned shutoff of service, an employee or agent of or a third-party organization contracted with the provider shall call or send a text message to the telephone number and send an email to the email address, if provided, identified on the customer account notifying the residential customer of the planned shutoff. If the provider does not have a valid telephone number or email address on the customer account, the provider shall make a notation and may proceed with the planned shutoff. (9) When an employee or representative of a provider shuts off service, the employee or representative shall leave a notice. The notice must state that service has been shut off and must contain the address and telephone number of the provider where the residential customer may arrange to have service restored. (10) When a shutoff of service is completed using meters with remote shutoff and restoration capacity, the provider shall advise the residential customer on how to arrange for service to be restored. (11) A provider shall not do any of the following: (a) Shut off service because a residential customer has not paid for concurrent service received at a separate metering point, residence, or location. (b) Shut off service because the property owner, who is the residential customer on record, has not paid for service at a premises lawfully occupied by another person. If a property owner is not occupying the premises at which service is delivered, a provider may shut off service if proper notice has been given, and the property owner supplies a written, certified statement, on a form and in a manner prescribed by the provider, that the premises are not lawfully occupied and the premises are in fact not lawfully occupied. (c) Shut off service if the amount the residential customer has not paid for service is the subject of an unresolved dispute under the provider's dispute resolution process. (d) Shut off service to a multi-unit dwelling where at least 1 unit is not submetered and is lawfully occupied. (e) Shut off service if an eligible customer receives a combined bill that includes public services unrelated to water, sewage, or stormwater services that is not paid in full after the eligible customer receives a discount, credit, or other form of credit from a water affordability program. (f) Shut off service to a residential customer who is renting property from a lessor who is responsible for the water or sewage bill, if the residential customer provides documentation demonstrating that the lessor is responsible for the water or sewage bill and that the tenant does not owe any delinquent rent payments. This subdivision does not preclude a provider from taking action to enforce a lien or institute an action for the collection of a delinquent debt that accrued while the lessor has responsibility for payment of a water or sewer bill in accordance with sections 3 and 6 of 1939 PA 178, MCL 123.163 and 123.166. (g) Shut off service to a residential customer for nonpayment of a delinquent account if the residential customer is a critical care customer and provides documentation to the provider that demonstrates that the residential customer is a critical care customer. The documentation must specify the time period during which service must not be shut off. If the time period is expected to extend for 1 year or more, the critical care customer must annually provide documentation that demonstrates that the individual remains a critical care customer. (h) Shut off service to a residential customer if a residential customer has entered into and remains in compliance with an applicable payment plan or water affordability program. A provider shall not shut off service for nonpayment until the payment is delinquent for at least 120 days. (i) Shut off service to a home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335, or to an adult foster care facility licensed under the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737. (12) After a provider has shut off service, the provider shall restore service on the residential customer's request when the cause of the shutoff of service has been cured or payment arrangements have been made, including at the residential customer's option an applicable payment plan or enrollment in a water affordability program. (13) When a provider is required to restore service at the residential customer's meter manually, the provider shall make reasonable efforts to restore service on the day the residential customer requests restoration. Except for reasons beyond the provider's control, the provider shall restore service not later than the first working day after the residential customer's request. (14) For providers using meter technology with remote shut-off and restoration capability, service must be restored no later than the first working day after the residential customer requests restoration, except in the case of documented equipment failure. (15) A provider may assess the residential customer a reasonable charge for restoring service. The charge must not exceed $150.00 or the actual cost, whichever is less. A provider shall not charge a residential customer a fee for a shutoff of service. (16) A provider shall first apply payments received to the costs incurred for services for the oldest debt. Sec. 7. (1) If an eligible customer fails to comply with the terms and conditions of a water affordability program, the eligible customer must be referred to a program administrator for triage before a provider may shut off service to a residential customer. An eligible customer referred under this subsection must participate in triage to restore compliance with and prevent disenrollment from the water affordability program. Not later than 10 business days after a residential customer is referred under this subsection, the program administrator shall send a letter by first-class mail to the premises that receives service from the provider, and, if the residential customer has a separate mailing address, to that address. The letter must state all of the following information: (a) The start date of noncompliance. (b) The reason for noncompliance and a statement of goals to engage the residential customer to ensure future compliance. (c) The date for a triage meeting with the program administrator, scheduled not more than 10 business days after the letter was postmarked. The triage meeting described in this subdivision may take place by telephone, virtually, or in person, taking into consideration the residential customer's preference and availability. (d) A statement that an extension for a triage meeting may be granted for good cause, as determined by the program administrator, and if no good cause is shown, failure to attend the triage meeting may result in disenrollment. (e) A summary of the requirements to maintain eligibility in the water affordability program. (f) A statement that the residential customer has 10 business days after the triage meeting to comply with triage requirements. (2) The program administrator may create a renewal agreement with the department or provider to use during the triage process described under subsection (1). The agreement must include all of the following information: (a) A statement of goals to engage the residential customer to ensure future compliance, including a payment plan and schedule, participation expectations, and additional household support that will be provided to the residential customer following triage. (b) A list of triage requirements to maintain compliance in the water affordability program, which may include, but is not limited to, any of the following: (i) A minimum payment. (ii) A restart of the residential customer's program calendar. (iii) The forgiveness of any amount owed on the delinquent account. (iv) Removal of any fees or charges on the delinquent account. (v) A copayment credit on the delinquent account. (vi) Any other options for successful outcomes available through the water affordability program. (3) The program administrator shall advise a provider if a residential customer fails to comply with the triage process or a renewal agreement described under subsection (1) or (2), and the provider may proceed with the shut-off process described in section 5. (4) A provider may develop policies and procedures to delay shutoff for residential customers who face temporary financial hardship due to recent loss of a job, medical bills, or other extenuating circumstances. If the provider maintains a website, the provider must post its policies and procedures on the website. (5) A provider shall not threaten to shut off service when the provider has no intent to terminate service or when termination of service is otherwise prohibited by law. (6) This section does not apply to a shutoff of service at a premises if a property owner provides the provider with a notarized statement that the premises are not lawfully occupied and the premises are in fact not lawfully occupied. Sec. 9. If the department of treasury projects that the funding required to implement a water affordability program does not exist in the low-income water residential affordability program fund created in section 14t of the social welfare act, 1939 PA 280, MCL 400.14t, and determines that adjustments must be made in accordance with section 14o(8) of the social welfare act, 1939 PA 280, MCL 400.14o, the provider shall not shut off service to an eligible customer that has entered into and remains in compliance with a water affordability program. Sec. 11. The attorney general or any residential customer or other lawful occupant of a premises subject to this act may enforce this act by filing a civil action in the circuit court in the county where the residential customer lives or the provider does business. In any civil action commenced under this section, the plaintiff may obtain damages, declaratory relief, or temporary or permanent injunctive relief for a violation of this act. A residential customer or other lawful occupant that prevails in a civil action filed under this section is entitled to reasonable attorney fees and costs. Sec. 13. A provider shall take reasonable steps to provide equal language access to water service and vital information for residential customers with limited English proficiency. As used in this section, "equal language access" means the ability to receive information and to participate in and benefit from water service at a level equal to English-proficient individuals. Sec. 15. A political subdivision of this state shall not enact or otherwise enforce a rule, regulation, code, or ordinance that is not substantially similar to this act. Enacting section 1. This act takes effect 2 years after the date it is enacted into law. Enacting section 2. This act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law: (a) Senate Bill No. 248. (b) Senate Bill No. 250.
SENATE BILL NO. 252
A bill to prescribe the powers and duties of certain providers of retail water service in this state; to prescribe the powers and duties of certain state officers and entities; to prohibit certain acts and practices of providers of retail water service; and to provide for remedies and penalties for certain violations of this act.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "water shutoff protection act".
Sec. 3. As used in this act:
(a) "Critical care customer" means a residential customer who requires, or has a household member who requires, water or sanitation for home medical equipment, a life-support system, or treatment or therapy to reduce a public health risk, or has a communicable disease, and provides appropriate documentation to a provider from a physician or medical facility that identifies the medical equipment, life-support system, treatment, or therapy and certifies that an interruption of service would be immediately life-threatening or cause harmful health consequences.
(b) "Delinquency" means the measure by which a provider determines a payment is late or overdue.
(c) "Delinquent account" means an account or bill for water, sewage, stormwater, or other similar services and for which there is a delinquency.
(d) "Eligible customer" means a residential customer whose household income does not exceed 200% of the federal poverty guidelines, as published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902, or who meets any of the following requirements:
(i) Has received assistance from a state emergency relief program within the past year.
(ii) Receives food assistance under the federal supplemental nutrition assistance program administered by this state.
(iii) Receives medical assistance administered by this state under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b.
(iv) Receives assistance under the Michigan energy assistance program created in section 3 of the Michigan energy assistance act, 2012 PA 615, MCL 400.1233.
(v) Receives assistance under the special supplemental nutrition program for women, infants, and children.
(vi) Receives supplemental security income.
(vii) Receives assistance under the weatherization assistance program.
(e) "Lawful occupant" means an individual who resides in a home and who has a valid lease, rental agreement, or affidavit of tenant responsibility for the water bill.
(f) "Program administrator" means the department, provider, or third-party organization that administers a water affordability program.
(g) "Provider" means a community water supply that is publicly or privately owned and that provides retail water service in this state.
(h) "Residential customer" means an individual who receives, or is eligible to receive, water service at the individual's primary premises.
(i) "Water affordability program" means the low-income water residential affordability created in section 14o of the social welfare act, 1939 PA 280, MCL 400.14o, or a low-income water affordability program designed and implemented in accordance with section 14s of the social welfare act, 1939 PA 280, MCL 400.14s.
Sec. 5. (1) A provider may shut off service temporarily to all residential customers, including critical care customers, for reasons of health or safety, in a state or national emergency, or, subject to this section and section 7, if a residential customer has not paid a delinquent account. When a provider shuts off service for reasons of health or safety, the provider must issue a notification that is consistent with the requirements of the safe drinking water act, 1976 PA 399, MCL 325.1001 to 325.1023, to the residential customer.
(2) Subject to section 7, a provider shall not shut off service because a residential customer has not paid a delinquent account unless the provider contacts the residential customer at least 3 times using 2 or more of the following methods, as practicable:
(a) Posts a delinquency notice on the door of the premises to be shut off and, if the account customer has a separate mailing address, mails a delinquency notice to that address not less than 60 days and not more than 90 days before the date of a proposed shutoff, that notifies the occupant of the property of a delinquency in payments and informs the occupant of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the delinquency notice was posted.
(b) Makes a personal visit to the premises where shutoff of service is proposed and direct contact is made with the head of household notifying that individual of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date direct contact was made. A personal visit described under this subdivision may be conducted by a contracted third-party organization or other agent of the provider.
(c) Makes a personal or automated telephone call to the telephone number identified on the customer account where direct contact is made or a message is recorded notifying that individual of a delinquency in the payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the call was made.
(d) Sends a direct text message to the telephone number identified on the customer account notifying that individual of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the text message was sent.
(e) Sends a written notice by first-class mail to the premises where shutoff of service is proposed that notifies the account customer of a delinquency in payments and of any applicable payment plans or water affordability programs. A provider shall maintain a record of the date the written notice was sent.
(3) At least 1 of the contacts made by the provider must be a delinquency notice as provided for under subsection (2)(a).
(4) All written and oral notices of shutoff under subsection (2) must contain, at a minimum, all of the following information:
(a) The address at which service is provided.
(b) A clear and concise statement of the reason for the proposed shutoff of service.
(c) The date on or after which the provider may shut off service, unless the residential customer takes appropriate action, and a description of the available courses of action to prevent a shutoff or restore service following a shutoff.
(d) A statement that the provider will not shut off service if a residential customer has entered and remains in compliance with an applicable payment plan or water affordability program.
(e) The telephone number and address of the program administrator where the residential customer may make an inquiry, enter into an applicable payment plan or water affordability program, or petition the provider in accordance with the provider's rules to dispute a delinquent account.
(f) A statement that if the residential customer that receives the notice is a tenant whose lessor is responsible for the water or sewage bill, the tenant may prevent shutoff if the tenant contacts the provider immediately and provides documentation demonstrating that the tenant is not responsible for the water or sewage bill and that the tenant does not owe any delinquent rent payments. This subdivision does not preclude a provider from offering additional options for the tenant to maintain service.
(5) Except as otherwise provided in this subsection, a provider shall delay shutoff of service to a residential customer that pays at least $10.00 per month, or another amount approved by the provider, on a delinquent account and applies for enrollment in a water affordability program with the provider, the department of health and human services, or a third-party organization that administers a water affordability program. A provider is not required to delay shutoff of service under this subsection if any of the following apply:
(a) The residential customer applied to a water affordability program and at least 10 business days have passed since the program administrator determined that the residential customer is not eligible.
(b) The residential customer applied to a water affordability program and was determined to be eligible but did not enroll in the program within 10 business days.
(c) The residential customer paid at least $10.00 per month but did not apply to a water affordability program within 10 business days after the date the final notice of shutoff was issued.
(6) Subject to the requirements of this act, a provider may shut off service to a residential customer on the date specified in the notice of shutoff or at a reasonable time following that date. If a provider does not shut off service and mails a subsequent notice, then the provider shall not shut off service before the date specified in the subsequent notice. Shutoffs must occur only between the hours of 8 a.m. and 3 p.m.
(7) A provider shall not shut off service on a day, or a day immediately preceding a day, when the services of the provider are not available to the general public for the purpose of restoring service.
(8) The day before or the day of the planned shutoff of service, an employee or agent of or a third-party organization contracted with the provider shall call or send a text message to the telephone number and send an email to the email address, if provided, identified on the customer account notifying the residential customer of the planned shutoff. If the provider does not have a valid telephone number or email address on the customer account, the provider shall make a notation and may proceed with the planned shutoff.
(9) When an employee or representative of a provider shuts off service, the employee or representative shall leave a notice. The notice must state that service has been shut off and must contain the address and telephone number of the provider where the residential customer may arrange to have service restored.
(10) When a shutoff of service is completed using meters with remote shutoff and restoration capacity, the provider shall advise the residential customer on how to arrange for service to be restored.
(11) A provider shall not do any of the following:
(a) Shut off service because a residential customer has not paid for concurrent service received at a separate metering point, residence, or location.
(b) Shut off service because the property owner, who is the residential customer on record, has not paid for service at a premises lawfully occupied by another person. If a property owner is not occupying the premises at which service is delivered, a provider may shut off service if proper notice has been given, and the property owner supplies a written, certified statement, on a form and in a manner prescribed by the provider, that the premises are not lawfully occupied and the premises are in fact not lawfully occupied.
(c) Shut off service if the amount the residential customer has not paid for service is the subject of an unresolved dispute under the provider's dispute resolution process.
(d) Shut off service to a multi-unit dwelling where at least 1 unit is not submetered and is lawfully occupied.
(e) Shut off service if an eligible customer receives a combined bill that includes public services unrelated to water, sewage, or stormwater services that is not paid in full after the eligible customer receives a discount, credit, or other form of credit from a water affordability program.
(f) Shut off service to a residential customer who is renting property from a lessor who is responsible for the water or sewage bill, if the residential customer provides documentation demonstrating that the lessor is responsible for the water or sewage bill and that the tenant does not owe any delinquent rent payments. This subdivision does not preclude a provider from taking action to enforce a lien or institute an action for the collection of a delinquent debt that accrued while the lessor has responsibility for payment of a water or sewer bill in accordance with sections 3 and 6 of 1939 PA 178, MCL 123.163 and 123.166.
(g) Shut off service to a residential customer for nonpayment of a delinquent account if the residential customer is a critical care customer and provides documentation to the provider that demonstrates that the residential customer is a critical care customer. The documentation must specify the time period during which service must not be shut off. If the time period is expected to extend for 1 year or more, the critical care customer must annually provide documentation that demonstrates that the individual remains a critical care customer.
(h) Shut off service to a residential customer if a residential customer has entered into and remains in compliance with an applicable payment plan or water affordability program. A provider shall not shut off service for nonpayment until the payment is delinquent for at least 120 days.
(i) Shut off service to a home for the aged licensed under part 213 of the public health code, 1978 PA 368, MCL 333.21301 to 333.21335, or to an adult foster care facility licensed under the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737.
(12) After a provider has shut off service, the provider shall restore service on the residential customer's request when the cause of the shutoff of service has been cured or payment arrangements have been made, including at the residential customer's option an applicable payment plan or enrollment in a water affordability program.
(13) When a provider is required to restore service at the residential customer's meter manually, the provider shall make reasonable efforts to restore service on the day the residential customer requests restoration. Except for reasons beyond the provider's control, the provider shall restore service not later than the first working day after the residential customer's request.
(14) For providers using meter technology with remote shut-off and restoration capability, service must be restored no later than the first working day after the residential customer requests restoration, except in the case of documented equipment failure.
(15) A provider may assess the residential customer a reasonable charge for restoring service. The charge must not exceed $150.00 or the actual cost, whichever is less. A provider shall not charge a residential customer a fee for a shutoff of service.
(16) A provider shall first apply payments received to the costs incurred for services for the oldest debt.
Sec. 7. (1) If an eligible customer fails to comply with the terms and conditions of a water affordability program, the eligible customer must be referred to a program administrator for triage before a provider may shut off service to a residential customer. An eligible customer referred under this subsection must participate in triage to restore compliance with and prevent disenrollment from the water affordability program. Not later than 10 business days after a residential customer is referred under this subsection, the program administrator shall send a letter by first-class mail to the premises that receives service from the provider, and, if the residential customer has a separate mailing address, to that address. The letter must state all of the following information:
(a) The start date of noncompliance.
(b) The reason for noncompliance and a statement of goals to engage the residential customer to ensure future compliance.
(c) The date for a triage meeting with the program administrator, scheduled not more than 10 business days after the letter was postmarked. The triage meeting described in this subdivision may take place by telephone, virtually, or in person, taking into consideration the residential customer's preference and availability.
(d) A statement that an extension for a triage meeting may be granted for good cause, as determined by the program administrator, and if no good cause is shown, failure to attend the triage meeting may result in disenrollment.
(e) A summary of the requirements to maintain eligibility in the water affordability program.
(f) A statement that the residential customer has 10 business days after the triage meeting to comply with triage requirements.
(2) The program administrator may create a renewal agreement with the department or provider to use during the triage process described under subsection (1). The agreement must include all of the following information:
(a) A statement of goals to engage the residential customer to ensure future compliance, including a payment plan and schedule, participation expectations, and additional household support that will be provided to the residential customer following triage.
(b) A list of triage requirements to maintain compliance in the water affordability program, which may include, but is not limited to, any of the following:
(i) A minimum payment.
(ii) A restart of the residential customer's program calendar.
(iii) The forgiveness of any amount owed on the delinquent account.
(iv) Removal of any fees or charges on the delinquent account.
(v) A copayment credit on the delinquent account.
(vi) Any other options for successful outcomes available through the water affordability program.
(3) The program administrator shall advise a provider if a residential customer fails to comply with the triage process or a renewal agreement described under subsection (1) or (2), and the provider may proceed with the shut-off process described in section 5.
(4) A provider may develop policies and procedures to delay shutoff for residential customers who face temporary financial hardship due to recent loss of a job, medical bills, or other extenuating circumstances. If the provider maintains a website, the provider must post its policies and procedures on the website.
(5) A provider shall not threaten to shut off service when the provider has no intent to terminate service or when termination of service is otherwise prohibited by law.
(6) This section does not apply to a shutoff of service at a premises if a property owner provides the provider with a notarized statement that the premises are not lawfully occupied and the premises are in fact not lawfully occupied.
Sec. 9. If the department of treasury projects that the funding required to implement a water affordability program does not exist in the low-income water residential affordability program fund created in section 14t of the social welfare act, 1939 PA 280, MCL 400.14t, and determines that adjustments must be made in accordance with section 14o(8) of the social welfare act, 1939 PA 280, MCL 400.14o, the provider shall not shut off service to an eligible customer that has entered into and remains in compliance with a water affordability program.
Sec. 11. The attorney general or any residential customer or other lawful occupant of a premises subject to this act may enforce this act by filing a civil action in the circuit court in the county where the residential customer lives or the provider does business. In any civil action commenced under this section, the plaintiff may obtain damages, declaratory relief, or temporary or permanent injunctive relief for a violation of this act. A residential customer or other lawful occupant that prevails in a civil action filed under this section is entitled to reasonable attorney fees and costs.
Sec. 13. A provider shall take reasonable steps to provide equal language access to water service and vital information for residential customers with limited English proficiency. As used in this section, "equal language access" means the ability to receive information and to participate in and benefit from water service at a level equal to English-proficient individuals.
Sec. 15. A political subdivision of this state shall not enact or otherwise enforce a rule, regulation, code, or ordinance that is not substantially similar to this act.
Enacting section 1. This act takes effect 2 years after the date it is enacted into law.
Enacting section 2. This act does not take effect unless all of the following bills of the 103rd Legislature are enacted into law:
(a) Senate Bill No. 248.
(b) Senate Bill No. 250.