Shut Off Policy

Water Service Shut-Off Policy 

1. Policy Statement 

This policy sets forth the steps, notifications, caveats, and payment plan criteria regarding  discontinuation of water service for nonpayment by members (GRMWC shareholders). Green  River Mutual Water Company (GRMWC) is a water utility system that serves the Whitley Gardens  community of fewer than 200 service connections in its entirety. This policy incorporates  requirements of California Senate Bill No. 3 adopted into law by the State of California on October  13, 2023, effective August 1, 2024, regarding water company shut-off policies and procedures for  nonpayment of water bills. Previously, only public water systems supplying water to greater than  200 service connections were required to have water shut-off policies for non-payment with  specific rules dictated by California Senate Bill No. 998. California Senate Bill No. 3 expands the  SB 998 application to include water systems with fewer than 200 connections. 

2. General Water Shut-Off Policy 

A metered property within GRMWC is subject to water service disconnection when the water bill  (water charges + base fee + special assessment) is unpaid for ninety (90) days and has exceeded the amount of two hundred dollars ($200). Bills are considered delinquent if they are not paid by  the expiration of the ninety (90) day water service billing period. A notification letter is sent to the  account holder after the initial ninety (90) days indicating the steps needed in the subsequent  

fifteen (15) day grace period to avoid water shut-off. By the end of the ninety (90) day grace period,  the member must pay the outstanding arrearage amount or propose a time-payment plan  established by mutual agreement between the member and GRMWC. If full payment of monies  owed is not received by GRMWC or a time-payment plan is not initiated by the arrearage account  holder with the water company by the end of the fifteen (15) day grace period, a disconnect notice  will be generated and hung at the residence indicating the water will be turned-off and the meter  locked after seven (7) business days if all amounts owing to GRMWC are not paid or a payment  agreement is not agreed upon. 

3. Languages 

This policy is available in English, the predominate language spoken within the Company’s service  area. It is unknown if at least 10 percent of the community population speaks another language,  but if that is the case, this policy can be available in that language, and any language listed in  California Civil Code 1632 (Spanish, Chinese, Tagalog, Vietnamese, or Korean) upon request by a  water service customer (see this link for language information regarding California Civil Code  1632: https://codes.findlaw.com/ca/civil-code/civ-sect-1632/). 

4. Notification 

Account holders subject to water service disconnection shall be notified by GRMWC with an offer  to provide the following: 

1) a written copy of GRMWC’s water shut-off policy 

2) account arrearage details of monies owed and mitigation options to rectify the account  balance  

3) additional options to avert discontinuation of water service, e.g. bill review, payment  plans, procedure for board of directors review of the member proposal to remedy the debt. 

A. Notification Procedure  

1. A written notice of payment delinquency and impending water service shut-off shall be mailed  to the account holder residence, or property to which the water service is provided. If the  member’s address is not the address of the property to which service is provided, the notice also  shall be sent to the address of the property to which service is provided, addressed to “Occupant.”  The notice shall include, but is not limited to, all of the following information in a clear and legible  format:  

• Member’s name and address 

• Amount that is past due 

• Date by which payment or payment arrangements are required to avoid termination of service • Description of the process to dispute or appeal a bill 

• GRMWC phone number and written shut-off policy  

• A description of the procedure by which the member may request a deferred or alternative  payment schedule, including an amortization of the delinquent residential service charges,  consistent with the written policy provided  

2. If GRMWC is unable to make contact with the account holder, or an adult occupying the  residence by telephone, and written notice is returned through the mail as undeliverable, GRMWC  shall make a good faith effort to visit the residence and leave, or make other arrangements for  placement in a conspicuous place of, a notice of imminent discontinuation of water service for  non-payment and GRMWC’s water shut-off policy for non-payment.  

3. If an adult at the residence appeals the water bill to GRMWC or any other administrative or legal  body to which that appeal may be lawfully taken, GRMWC shall not discontinue residential  service while the appeal is pending. 

5. Member Appeals 

Members (GRMWC shareholders) receiving water service may contact the water company at any  time during office hours to discuss water service billing amounts, disputes, deferred payments via  payment plans, or any aspect of water service. Arrearage or other billing issues or requests for 

payment plans (including proposed terms), may be e-mailed, or USPS mailed to the water  company office, as well. Attendance at monthly GRMWC board of director meeting is welcomed  and encouraged. 

Any billing disputes unresolved by office personnel, or proposed arrearage payment plans  expressed, will be discussed and mitigated by the water company board of directors at regular  monthly meetings in executive sessions, as necessary.  

Properties will not be shut-off for water service during the appeal of an initial arrearage mitigation  plan process.  

Water company contact information, office hours, and board meeting times are noted on billing  and news letters mailed to members.  

This water shut-off policy is available in written form upon request.  

6. Member Payment Plans 

Time-payment plans shall be negotiated on a case-by-case basis with all arrearages to be paid  within no longer than a 12-month period (possibly longer for special category cases, see Section  8B). Interest and penalty charges shall continue to accrue on any outstanding debt until paid-off.  As specified in Section 8C, if the account holder defaults on any payment during the time payment period, i.e. misses a monthly payment, (60 days for special category cases, see Section  8) and that default continues for at least sixty (60) days without being cured, the account holder  will have five (5) business days to remit payment or, a disconnect notice will be generated and  hung at the residence indicating the water will be turned off and the meter locked in seven (7)  business days. 

7. General Process for Restoring Water Service  

Once the water service is turned-off and meter locked, all water charges, maintenance fees, late  fees, hang-notice and re-connect fees are required to be paid in-full, or a mutually agreed upon  time-payment plan is initiated to pay-off charges before water service is restored (see current  GRMWC water rates & fees schedule, and Section 9 for Special Rules fees). GRMWC will endeavor  to reconnect service as soon as practicable but, at a minimum, will restore service before the end  of the next regular working day following payment. Water service that is turned on by any person  other than GRMWC personnel or without GRMWC authorization may be subject to fines or  additional charges or fees. Any damages that occur as a result of unauthorized restoration of  service are the responsibility of the account holder.  

8. Conditions Prohibiting Water Service Shut-Off for Non-Payment of Service GRMWC shall NOT discontinue residential water service if ALL the following conditions are met: 

1. Health Conditions: The member or tenant of the member submits certification of a primary  care provider, as that term is defined in subparagraph (A) of paragraph (1) of subdivision (b) of  Section 14088 of the California Welfare and Institutions Code (see this link for primary care  provider definitions: https://codes.findlaw.com/ca/welfare-and-institutions-code/wic-sect-

14088/), that discontinuation of water service would be 1) life threatening, or 2) pose a serious  threat to the health and safety of a person residing at the property; 

2. Financial Inability: The member demonstrates a financial inability to pay for water service  within the water system’s normal billing cycle. The member is deemed “financially unable to pay”  if any member is 1) a current recipient of the following benefits: CalWORKS, CalFresh, general  assistance, Medi-Cal, SSI/State Supplementary Payment Program, or California Special  Supplemental Nutrition Program for Women, Infants, and Children, or 2) the member declares the  household’s annual income is less than 200% of the federal poverty level (see this link for the  federal poverty levels applicable in California: https://www.coveredca.com/pdfs/FPL-chart.pdf  limits); and 

3. Alternative Payment Arrangements: The member is willing to enter into an alternative  payment schedule consistent with the written policies provided with respect to all delinquent  charges. 

A. Process for Determining Conditions Prohibiting Water Service Shut-Off for Non-Payment  of Service  

The process of proving compliance with the conditions described in 1. Health Conditions, 2.  Financial Inability, and 3. Alternative Payment Arrangements, is incumbent upon the member. 

In order to allow GRMWC sufficient time to process any request for assistance by a member, the  member is encouraged to provide __MWC with the necessary documentation demonstrating the  medical issue, financial inability, and willingness to enter into payment arrangements in a timely  manner. 

If GRMWC requests additional information, the customer shall provide the requested information  within five (5) calendar days of receipt of GRMWC’s request. 

GRMWC will notify the member in writing that the member does not meet the conditions to  prohibiting service shut-off or notify the member in writing of the alternative payment arrangement  approved. 

If the member does not meet the conditions prohibiting discontinuation of service, payment for  all delinquent amounts are due within five (5) business days after the date of notification of  GRMWC’s determination or the date of the impending service discontinuation, whichever is later. 

B. Rules for Accounts in the Prohibitive Shut-off Category where ALL Conditions are Met 

If all three conditions are met, 1. Health Conditions, 2. Financial Inability, and 3. Alternative  Payment Arrangements, and for all other members with a payment delinquency, GRMWC shall  offer the member one or more of the following options:  

• Amortization of the unpaid balance  

• Participation in an alternative payment schedule  

• Temporary deferral of payment.

GRMWC may choose which of the payment options the member undertakes and may set the  parameters of that payment option. The repayment option offered should result in repayment of  any remaining outstanding balance within 12 months, as it is for other arrearage members.  GRMWC may grant a longer repayment period if it finds the longer period is necessary to avoid  undue hardship to the member based on the circumstances of the individual case.  

C. Water Shut-off for Non-Compliance of Payment Plan Agreement 

Water service may be discontinued no sooner than five (5) business days after GRMWC posts a  final notice of intent to disconnect service in a prominent and conspicuous location at the  property under either of the following circumstances:  

1. The member fails to comply with an alternative payment schedule in payment plan for  delinquent charges for 60 days or more.  

2. While undertaking an alternative payment schedule for delinquent charges, the member does  not pay their current water service charges for 60 days or more.  

9. Special Rules for Members with Income Below 200 Percent of Federal Poverty Line 

For a member who demonstrates to GRMWC household income below 200 percent of the federal  poverty line, GRMWC is required to adhere to both of the following:  

1. Set a reconnection of service fee for reconnection during normal operating hours at fifty dollars  ($50), but not to exceed the actual cost of reconnection if it is less. Reconnection fees shall be  subject to an annual adjustment for changes in the Consumer Price Index beginning January 1,  2021. For the reconnection of residential service during nonoperational hours, GRMWC shall set a  reconnection of service fee at one hundred fifty dollars ($150), but not to exceed the actual cost of  reconnection if it is less. Reconnection fees shall be subject to an annual adjustment for changes  in the Consumer Price Index beginning January 1, 2021. 

2. Waive interest charges on delinquent bills once every 12 months. GRMWC shall deem a  member to have a household income below 200 percent of the federal poverty line if any member  is a current recipient of CalWORKs, CalFresh, general assistance, Medi-Cal, Supplemental  Security Income/State Supplementary Payment Program, or California Special Supplemental  Nutrition Program for Women, Infants, and Children, or the member declares that the household’s  annual income is less than 200 percent of the federal poverty level.  

10. Multi-Residence Properties with ADUs Served through a Master Meter 

Pursuant to GRMWC’s by-laws and water service connection policy: “No water shall be supplied  to any land unless the owner thereof is a member in this corporation; no more service  connections shall be made to mains of this corporation than are authorized under the  corporation’s duly issued water distribution system operating permit; GRMWC shall only provide  metered water to legal property parcels within H.J. Whitley Land Company. GRMWC is under no  obligation to provide a separate water service, metered or otherwise, to any building or Additional  Dwelling Unit (ADU) on any property within Whitley Gardens. Ref: CA SB13 & CA AB881.” Thus, 

GRMWC only recognizes the service connection to each parcel within H.J. Whitley Land Company. Any and all water service issues pertaining to ADU occupants, or between the member (GRMWC  shareholder) and residents of any ADUs on the property is independent of GRMWC. 

11. Annual Shut-Off Reporting 

GRMWC shall provide (report) the number of annual discontinuations of water service (shut-offs)  in Whitley Gardens for inability to pay to the California State Water Resource Control Board  (SWRCB), if, or when provided the reporting tool, reporting schedule, and reporting protocol by the  SWRCB.  

12. Unauthorized Actions of Members 

California Senate Bill No. 3 and subsequently, this water service shut-off policy, applies ONLY to  termination of water service for non-payment and do NOT apply to the termination of water  service provided to properties that are found to have members or residents that have engaged in  illegal or unauthorized acts, or community water contamination safety violations, e.g. tampering  with meters, damaging (shut-off) meter locks, altering service connections, circumventing meter  connections for water supply, have hazardous cross-connection scenarios requiring immediate  water shut-off, violate non-monetary provisions of the GRMWC Rules and Regulations, etc