justicedao/ipfs_state_laws huggingface dataset:
860-036-1230 Surety Agreements (1) A water utility must inform any residential applicant or customer who is required to pay a deposit of the opportunity to provide a written surety agreement in lieu of paying the deposit. A surety agreement obligates another qualifying residential customer of the same water utility to pay an amount up to the required deposit if the secured account is later disconnected and a balance remains owing following the due date for the closing charges. To qualify as a surety, the other residential customer must have had 12 months of continuous service with the water utility without a late payment. (2) If the deposit is required of an applicant under OAR 860-036-1220(2), the water utility may require the signed surety agreement prior to service being provided. (3) If the deposit is required of a customer under OAR 860-036-1220(3), the water utility may require a signed surety agreement within seven calendar days. A customer's failure to timely provide a surety agreement is grounds for disconnection under OAR 860-036-1500. (4) If the secured account is disconnected and a balance remains following the due date for closing charges, the water utility may bill the surety for amounts up to the surety agreement amount. The water utility may apply any payment received from the surety first to the amount due under the surety agreement. The water utility may disconnect the surety’s service for non-payment of the surety agreement amount after providing notice to the surety under OAR 860-036-1510. (5) The surety may terminate the surety agreement after 12 months upon seven calendar days’ advance written notice to the water utility. (6) A water utility may terminate a surety agreement at any time upon seven calendar days’ notice to both the surety and the secured customer if the surety no longer meets the qualifications under section (1) of this rule. (7) In the event a surety agreement is terminated under section (5) or (6) of this rule, the water utility will provide notice of the termination of the surety agreement to the customer. The water utility may require the customer, within seven calendar days, to pay the required deposit amount, enter into a deposit payment arrangement, or obtain a written surety agreement from another qualifying customer. (8) The surety agreement automatically terminates when: (a) The secured account is closed and paid in full; (b) The secured account is closed and the surety pays the full amount secured by the surety agreement; or (c) The customer with the secured account establishes credit under OAR 860-036-1260(2) or pays a deposit under OAR 860-036-1220. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1240 Deposit Payment Arrangements for Residential Service (1) A water utility must allow a deposit for residential service to be paid in three installments unless the deposit: (a) Is required to restore service that was disconnected for failure to pay a deposit; or (b) Was assessed under OAR 860-036-1220(3). (2) Under a deposit installment agreement, the water utility may require the first installment to be paid immediately and the remaining two installments to be paid 30 and 60 calendar days after the first installment payment. (3) For each deposit installment agreement, the water utility must provide a written agreement that specifies the amount and date each installment payment is due. The agreement must also include a statement, printed in bold-face type, that water service will be disconnected if an installment payment is not paid. (4) A customer's failure to abide by the terms of a deposit installment agreement is grounds for disconnection under OAR 860-036-1500. (5) If a water utility adjusts the deposit amount under OAR 860-036-1220(5), the water utility must adjust the remaining payments to include the additional amounts required. (6) When a payment is made for both water service and a deposit installment, the payment must be applied first to the deposit installment due. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1250 Interest on Deposits for Residential and Nonresidential Service by Rate-Regulated Utilities (1) Rate-regulated water utilities must pay interest on all customer deposits. Each year the Commission will notify all rate-regulated water utilities of the required interest rate to be applied to deposits held during January 1 through December 31 of the subsequent year. (2) If the deposit is held beyond one year, accrued interest must be paid by a credit to the customer’s account. If held less than one year, interest must be prorated. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1260 Refund of Deposits (1) A water utility must refund all deposits and accrued interest once credit is established, reestablished, or when service is disconnected. The water utility must issue a credit to the customer's account or mail the refund to the customer's last known address unless otherwise specified. Customer refunds must first be applied to any unpaid balance on the customer's account. (2) For purposes of this rule, credit is considered established or reestablished one year after the deposit is paid in full if: (a) The account is current; (b) Not more than two 7-calendar day disconnection notices were issued to the customer during the previous 12 months; and (c) The customer was not disconnected for nonpayment during the previous 12 months. (3) Deposits plus accrued interest may be refunded or credited, in whole or in part, to the customer's account at any time earlier than prescribed in this rule, provided the water utility's procedures are nondiscriminatory. (4) The water utility must honor valid claims for payment of refunds if received within one year of the date service is disconnected. Funds held beyond one year after the date service is disconnected will be disposed of in accordance with ORS 98.316. (5) Accrued interest must be paid in accordance with OAR 860-036-1250. A water utility must keep a detailed record of each deposit received until the deposit is credited or refunded. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 98.316 & 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1270 Refusal of Water Utility Service (1) A water utility must refuse to provide service if: (a) The applicant's facilities do not comply with the codes, rules, or regulations of the appropriate governing authorities or the best practices governing safe and adequate water service, or with the reasonable rules and regulations of the water utility; (b) The water utility does not have adequate facilities, resources, or capacity to provide the requested service without impairing service to other customers; or (c) The water utility is prohibited by law from providing the service. (2) If a water utility refuses to provide service under section (1) of this rule, the water utility must provide the applicant with written notice of the refusal within seven calendar days of the request for service. The notice must: (a) Provide the information required by OAR 860-036-1100(2); (b) Explain the specific reasons for refusing water service; (c) Inform the applicant of the right to request details upon which the water utility's decision was based; and (d) Inform the applicant of the right to dispute the refusal by contacting the Consumer Services Section at the contact information provided in OAR 860-001-0020(2). (3) Except as provided in section (4) of this rule, a water utility may refuse to provide service if: (a) The applicant has amounts owing under a tariff or statement of rates; or (b) The applicant for residential service has a roommate with amounts owing under a tariff or statement of rates, and the applicant lived with the roommate at the time the amounts owing were incurred. (4) If the applicant for residential service was a former residential customer with amounts owing and was involuntarily disconnected for non-payment and applies for service within 20 calendar days of the disconnection, the water utility must provide service upon receipt of one-half of the amount owed with the remainder due within 30 calendar days. (a) If the former customer fails to pay the remaining amounts within 30 calendar days, the utility may disconnect service after issuing a 7-calendar day disconnection notice in accordance with OAR 860-036-1510(4). (b) If service is disconnected, the utility may refuse to restore service until it receives full payment of all amounts owing, including reconnection charges allowed under OAR 860-036-1580. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.035 & 757.225 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1300 Water Service Connection (1) A water service connection is defined as the facilities used to connect a water utility's distribution network to the point of connection at the customer's service line. The water utility owns and maintains the water service connection. (2) A customer's service line is defined as the facilities used to convey water from the point of connection to the customer's point of usage. The customer owns and maintains the customer service line. (3) If authorized by its tariff or statement of rates, a water utility may recover a reasonable, cost-based service connection charge to offset the expense listed in section (1) of this rule. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1310 Main Line Extensions (1) A main line extension is defined as the extension of a water utility's main line necessary to provide service to a customer when the property does not currently have main line frontage. (2) A water utility may charge a reasonable non-discriminatory main line extension charge if the charge and policy are stated in the water utility's tariff or statement of rates. (3) A water utility must have a main line extension policy that: (a) Lists all applicable charges; (b) Describes the advance and refund provisions, including a description of the mechanisms for collecting and rebating the amount charged equitably among the customers who paid for the cost of the line; and (c) Provides the time period during which the advance and rebate provisions apply. (4) Upon request, the water utility must provide a written breakdown of its main line extension costs and the allocation of those costs to the customer. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1320 Temporary Service A water utility may provide temporary service to a customer and charge all costs of installing and removing the temporary service, in excess of any salvage realized, if the costs are stated in the water utility's tariff or statement of rates. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1330 Restrictions on Entering a Customer Residence A water utility employee or representative may not enter the residence of a customer without proper authorization except during an emergency endangering life or property. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1350 Use of Water Meters (1) The water utility must provide and install at its expense any water meter used to calculate a customer's bill, unless the water utility’s tariff or statement of rates allows the recovery of the cost, including installation, from the customer. A rental charge may not be assessed for a meter used to calculate a customer's bill. (2) All meters must be tested before installation or within 30 calendar days thereafter. Meters must be accurate to no more than two percent fast or slow under normal operating conditions. The water utility must prepare a test record and retain the current and immediately prior test records for all meters tested. The test record must include: (a) Meter identification number and location; (b) The reason for the test; (c) The testing method; (d) The beginning and ending meter readings; (e) The test results and conclusion; and (f) All data taken at the time of the test. (3) Upon request by a customer, a water utility must provide information about how to read the water meter. (4) Meters registering in excess of the two percent standard must be repaired or replaced within 30 calendar days after discovery. Pending repair or replacement of the meter, the water utility must adjust the customer's bill to compensate for any identified inaccuracy in accordance with OAR 860-036-1440. (5) All meters must be in good working condition, adequate in size and design, and display the units of service measured. (6) A water utility may assess the customer the actual cost incurred for any meter relocation that is requested by the customer for the customer's convenience. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.250 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1360 Customer Requested Meter Tests (1) A customer may ask the water utility to test the water meter once every 12 months at no cost. The water utility must test the water meter within seven calendar days of the request, unless the customer fails to provide the water utility reasonable access to the meter. (2) A customer or a designated representative has the right to be present at any on-site meter test. The test must be conducted at a mutually acceptable time. (3) Within seven calendar days of performing the requested meter test, the water utility must provide a meter test report to the customer. A sample report form is available at www.puc.state.or.us/Pages/water/forms_notices/water_notices.aspx. The report must include: (a) The information required by OAR 860-036-1100(2); (b) The name of the customer requesting the test and the service address where the meter was tested; (c) The date the meter test was requested and the date the meter test was performed; (d) The name of the person performing the test; (e) The meter identification number and location; (f) The beginning and ending meter readings; and (g) The actual test results and conclusion. (4) If a customer requests more than one meter test within any 12-month period and the test results indicate that the meter is registering within the two percent performance standard, the customer may be assessed a reasonable charge for the test if the charge is included in a water utility's tariff or statement of rates. If the meter registers outside the two percent performance standard, the water utility may not charge the customer for the meter test. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1370 Meter Readings (1) A water utility must read meters that are used to calculate a customer’s bill on monthly intervals and as near as possible on the same corresponding day of each month unless otherwise indicated in its tariff or statement of rates. A water utility may use estimated readings for billing purposes under OAR 860-036-1400(3), but must actually read a meter at least once every four months. (2) Upon customer request, a water utility manually reading meters must leave the meter reading information at the customer's premises at the time of the meter reading. The information must contain the date and time of the meter reading and the meter reading data. (3) A customer must provide the water utility with regular access to the meter on the customer's property. Failure to permit reasonable access is grounds for disconnection under OAR 860-036-1500. (4) When access to a meter is difficult due to the meter's location or other circumstances, the water utility may seek the customer's cooperation in obtaining meter readings. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.250 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1400 Customer Billings (1) A water utility must provide its customers with timely billings every month or as indicated in its tariffs or statement of rates. (2) A water utility must prepare bills, including opening and closing bills, from actual meter readings, unless conditions prevent an actual meter reading. (3) If billings are based on estimated readings, the water utility must clearly identify the estimated meter reads and the estimated consumption on the bill. The water utility must verify the actual meter reading at least once every four months and adjust the customer's bill as needed. (4) Customer bills must include the information required by OAR 860-036-1100(2). A sample bill form is available at www.puc.state.or.us/Pages/water/forms_notices/water_notices.aspx. (5) The water utility must provide information in the bill sufficient for the customer to understand and compute the charges being assessed, including: (a) Separate line items for past due balance, payments and credits, new charges, late fees, and total account balance; (b) The date new charges are due (at least 15 calendar days from the date the bill was served); (c) Calculation of new charges including base or flat rate, usage billing tiers and rates, beginning and ending meter readings, the dates the meter was read, rate schedule, billing period, and number of days in the billing period; and (d) The date any late payment charge was applied and an explanation of the terms of the late payment charge; i.e., "A late charge of (insert charge) may be applied to all past due balances carried forward to the next billing cycle." Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1410 Application of Partial Payments Absent written instructions from the customer, and consistent with OAR 860-036-1240(6), the water utility must apply payments in the following order: (1) Past due regulated tariff or statement of rates services; (2) Currently due regulated tariff or statement of rates services; and (3) Non-regulated services. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1420 Time-Payment Plans for Residential Water Service (1) A water utility must offer time-payment plans to allow a customer to pay past-due amounts over a period of time, unless the amounts owing relate to theft of service, tampering, unauthorized use of water, or failure to abide by the terms of a time-payment plan. The customer must make the initial payment within one business day of agreeing to the time-payment plan. (2) A water utility must offer time-payment plans to: (a) A current residential customer with past-due amounts; and (b) A residential customer whose service was voluntarily disconnected and who reapplies for service within 20 calendar days of disconnection. (3) A water utility must offer the customer the option to choose between a levelized-pay arrearage plan and an equal-pay arrearage plan: (a) A customer who selects a levelized-pay arrearage plan must make an initial payment equal to one-twelfth of the sum of the average annual bill and past-due balance. The customer will make a like payment each month for the next 11 months. The water utility must review the levelized-pay arrearage plan within four to six months of the agreement and modify payments if there is a change in rates or significant variations in the amount of water consumed by the customer. (b) A customer who selects an equal-pay arrearage plan must make an initial payment equal to one-twelfth the account amount and a like payment for each of the next 11 months, plus pay monthly amounts billed for current usage. (4) The water utility and customer may agree to an alternate time-payment plan provided the utility informs the customer of the options in section (3) of this rule. (5) Upon request, a water utility must provide a written explanation of the terms of an agreed-upon time-payment plan. (6) If the customer changes residence within the water utility's service area during a time-payment plan, the terms of the time-payment plan continue. (7) A customer's failure to abide by the terms of a time-payment plan agreement is grounds for disconnection after providing notice as required by OAR 860-036-1510(4)(b). Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1430 Late-Payment Charge (1) A water utility may include a late payment charge in its tariffs or statement of rates that: (a) May be applied to residential accounts with a past-due balance at the time the water utility prepares the subsequent bill for the next billing cycle; (b) May be applied to all other accounts with a past-due balance if payment is not received by the bill due date; but (c) May not be applied to a residential account with a current time-payment plan. (2) For rate-regulated water utilities, the Commission determines the late-payment rate based on a survey of prevailing market rates for late-payment rates of commercial enterprises. The Commission will advise all rate-regulated water utilities of any change in the rate used to determine late-payment charges on past-due customer accounts. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1450 Transfer Billings (1) Except as provided in section (3) of this rule, if a water utility determines that a customer owes an amount from a closed account the customer previously held with the water utility, the water utility may transfer the closed account balance to the customer's current account. The water utility must give the customer a separate, written notice of the transfer, including the amount owing, the time period when the balance was incurred, and the service address where the balance owing was incurred. (2) If the customer has a balance owing on an existing time-payment plan, the customer may enter into a new time-payment plan under OAR 860-036-1420 incorporating all amounts owing. (3) A water utility may not transfer a balance owing on a non-residential account to a residential account. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040 & 757.225 History: PUC 1-2017, f. & cert. ef. 1-24-17
860-036-1500 Grounds for Involuntary Disconnection (1) A water utility may disconnect water service when: (a) A customer fails to pay charges due for services rendered under a water utility tariff or statement of rates; (b) A customer fails to pay a deposit, fails to timely provide a surety under OAR 860 036-1230 or comply with its terms, or fails to comply with the terms of a deposit installment agreement under OAR 860-036-1240. (c) A customer fails to comply by the terms of a payment agreement under OAR 860 036-1240(3) or 860-036-1420; (d) A customer provides false identification to establish or to continue service; (e) A customer has facilities that do not comply with the applicable codes, rules, regulations, or the best practices governing safe and adequate water service, including compliance with the water utility's Cross Connection Control Program; (f) A customer fails to provide reasonable access to the meter or premises; (g) A customer tampers with water utility facilities or engages in theft of service or unauthorized use of water; (h) A customer fails to comply with water restriction requirements under OAR 860 036-1670; or (i) The Commission approves the disconnection of service. (2) Nothing in this rule prevents a water utility from temporarily interrupting service to protect the health and safety of its customers or to maintain the integrity of its system. Statutory/Other Authority: ORS 183, 756 & 757 Statutes/Other Implemented: ORS 756.040, 757.035 & 757.225 History: PUC 1-2017, f. & cert. ef. 1-24-17