Bill
HB 5090
HB 5090 shields residential customers from water shutoffs by mandating notice, outreach, and enrollment in a low-income affordability program before disconnection.
Status & Procedural History
- Introduced Oct 4, 2023 (Rep. Abraham Aiyash). Substitute (H‑2) adopted and amended 12‑11‑2024; placed on third reading. Companion: SB 125. Part of a legislative package on low‑income water affordability (HBs 5088–5093).
Purpose
- Establishes the “Water Shutoff Protection Act” to set standards and limits on when a provider of retail water service may terminate or shut off residential water service, and to require notice, outreach, and certain protections for low‑income customers, tenants, and medically vulnerable households.
Key definitions
- Provider: any public or private community water supply providing retail water service in Michigan.
- Residential customer: individual receiving water service at primary residence.
- Eligible customer: household at or below 200% of federal poverty guidelines or enrolled in specified public‑benefit programs (SNAP, Medicaid, SSI, WIC, Weatherization, state emergency relief, Michigan energy assistance, etc.).
- Critical care customer: household with documented medical need (life‑support, medical equipment, communicable disease) where interruption would be immediately life‑threatening or cause harm.
- Program administrator: DHHS, a provider, or third‑party administering a low‑income water affordability program.
Notice and outreach requirements before shutoff
- Providers generally may not shut off service for nonpayment unless they attempt contact at least 3 times using at least 2 different methods (as practicable). Methods include:
- Posting a delinquency notice on the door (and mailing if different mailing address), with the posting required 60–90 days before proposed shutoff.
- Personal visit with direct contact.
- Personal/automated telephone call (direct contact or recorded message).
- Direct text message.
- First‑class written notice to the premises.
- At least one contact must be the door posting described above.
- All notices must include: service address, reason for shutoff, date after which shutoff may occur, steps to avoid/restore service, statement that service won’t be shut off if customer is in compliance with a payment plan or the low‑income water program, and contact info for enrollment/dispute.
Protections tied to affordability program and payment plans
- Providers must delay shutoff if a residential customer (a) pays at least $10/month (or another provider‑approved amount) toward a delinquent account AND (b) applies to enroll in a low‑income water residential affordability program administered by DHHS, the provider, or a third party.
- Providers are not required to delay if the program administrator has determined the applicant ineligible and 10 business days have passed, or other limited exceptions.
- Under the related affordability program (HB 5088), DHHS or a program administrator must complete income eligibility reviews within 30 days and must notify the provider within 3 business days after the review begins — after which the provider cannot pursue shutoff during the review.
Tenant and occupant protections
- Notices must inform tenants whose landlord is responsible for the bill that the tenant may avoid shutoff by promptly showing documentation that they are not responsible for the bill or delinquent rent. The bill preserves additional options providers may offer tenants.
Emergency and safety exceptions
- Providers may temporarily shut off service for health/safety reasons, in state/national emergencies, or under other statutory exceptions. When service is shut off for health/safety reasons, providers must leave a notice consistent with safe‑drinking‑water requirements.
Enforcement and remedies
- The act generally prohibits certain provider practices and provides for remedies and penalties for violations (details are in the full bill and related package; other bills in the package address penalties for restoring service after shutoff and tenant billing rules).
Who is affected
- Residential water customers (especially low‑income households and medically vulnerable individuals), community water providers (public and private), landlords and tenants in metered/submetered properties, DHHS and program administrators, and third‑party program operators.
Impact and context
- HB 5090 is designed to reduce involuntary disconnections by requiring robust notice/outreach, linking shutoff procedure to an income‑based affordability program (HB 5088) and payment plans, and protecting tenants and medically vulnerable residents. Implementation depends on funding and operation of the companion Low‑Income Water Residential Affordability Program and Fund (HBs 5088–5089).
Compiled from official sources — confirm details with the bill’s official record.
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