Attorney General Bonta Issues Revised Legal Guidance to Water Providers and Consumer Alert on Protections for Residents Facing Water Shutoffs

New revisions reflect recent changes in the law to provide support and resources to more tenants and homeowners who are behind on their water payments

OAKLAND - California Attorney General Rob Bonta today issued a revised legal alert reflecting recent changes in the Water Shutoff Protection Act that expands that law's protections to reach more California tenants and homeowners that are facing water shutoffs. In 2023, the Legislature adopted Senate Bill 3 (SB 3, Dodd), which expanded the protections of the 2022 Water Shutoff Protection Act by applying the Act's requirements to smaller water systems. Previously, the Act only applied to 200+ residential service connections. In today's legal alert, Attorney General Bonta also reminds water providers of the Act's requirement to provide alternative payment options to all customers who are unable to pay their water bill, not only customers who meet certain medical and financial criteria. Attorney General Bonta also issued a consumer alert today issued in English, Spanish, Chinese (Simplified), Chinese (Traditional), Tagalog, Vietnamese, and Korean, advising Californians on steps they can take if they are behind on their water bill.

"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 water shutoff."

"Access to water is a fundamental right," said Sen. Bill Dodd, D-Napa. "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."

Requirements Under the Water Shutoff Protection Act

Specifically, under the Act as updated by SB 3, most water providers in the state:

• Cannot discontinue residential water service unless the customer's bill is past due for at least 60 days.
• Must provide residential water customers at least seven days' notice before termination of water services and must make a good faith effort to provide this notice if telephone and written notice are unsuccessful.
• Cannot discontinue water service for residents who meet certain health and financial requirements and who are willing to make alternative payments.
• Must have available for residential customers facing water shutoffs a plan for deferred or reduced payments, alternative payment schedules, and a formal mechanism for customers to contest or appeal a bill.
• Must report annually to the State Water Resources Control Board on residential water shutoffs due to inability to pay and post the information on the water provider's website, if it has one.

What to Do if You Are Behind on Water Payments

• Get Information from Your Water Provider: California law prohibits most water providers from shutting off your water unless your bill is 60 days past due. The water provider must contact you by phone or mail at least seven business days before your water is shut off and must post their water-shutoff policy on their website.
• Sign Up for Lower Water Bills: Depending on your income and your water provider, you may qualify for discounts on your water bill. In addition, if you receive certain benefits such as CalFresh, Medi-Cal, or SSI, or if your income is less than 200% of the federal poverty level, your water provider must waive any interest charges you owe once every 12 months.

If you believe your water or utility provider is violating the law, report it at oag.ca.gov/report. If you have a complaint about a water shutoff or an investor-owned utility, you can also contact your State Water Board or the California Public Utilities Commission, respectively.

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