Subtitle 2 – Bills

Any landlord that requires a residential tenant to pay for the costs of water or wastewater services shall:

The Department shall timely provide a copy of a water or wastewater bill to a tenant-water-utility customer who:

The Department shall provide a copy of the water or wastewater bill via electronic means, if requested.

If a structure for which a bill is in arrears is not a vacant structure, as defined in <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|116.4">§ 116.4</cite> {“Vacant structures”}, the Department may cut off water service, subject to the requirements of <cite data-path="|24">this article</cite>, until all arrearages are paid.

If a structure for which a bill is in arrears is a vacant structure, as defined in Baltimore City <cite data-path="|building-codes|II">Building Code</cite> <cite data-path="|building-codes|II|116.4">§ 116.4</cite> {“Vacant structures”}, the Department shall proceed as follows:

Except as otherwise provided in this subsection, when a water supply is cut off for nonpayment of water charges, a service-restoration fee must be paid before the supply is turned on again.

The amount of the service-restoration fee shall be as determined by the Board of Estimates in accordance with Subtitle 3 of <cite data-path="|24">this article</cite>.

While enrolled in the Water-for-All Discount Program, a recipient is not liable for any service-restoration fee imposed under this subsection.

introduces water to his, her, or its premises without authorization from the Department; or

permits another person (not entitled to use the water) to use the water without authorization from the Department.

Each residential- and tenant-water-utility customer whose household income in a calendar year is less than 200% of the federal government’s official poverty income guidelines, as published annually by the U.S. Department of Health and Human Services, is eligible for the Water-for-All Discount Program.

Residential- and tenant-water-utility customers are not required to be citizens or permanent residents of the United States in order to be eligible for the Water-for-All Discount Program.

the names of all household members;

the estimated annual household income for the current calendar year;

if the applicant is a tenant:

a statement, separately signed and dated by all members of the household whose income will be evaluated for the Program, allowing the Director to obtain verification, through any appropriate sources, about statements made or documents presented by members of the household whose income will be evaluated for the Program during the application process;

a certification:

a certification, separately signed and dated by the applicant or the applicant’s authorized representative, that all answers to the questions and items on the application form are true and accurate to the best of the applicant’s knowledge.

provide verification of the information provided on the application; and

submit for review the relevant Federal, State, or City income tax return or other acceptable evidence.

Instead of the application set forth in this section, an applicant who demonstrates that he or she is already a participant in any State program where eligibility is established by income of less than 200% of the Federal government’s official guidelines, is deemed eligible for the Water-for-All Discount Program.

The Director shall provide a streamlined application process for these applicants and may not require any other income verification for Program eligibility.

Eligible residential-water-utility customers shall receive 1 fixed annual credit for each household. Only 1 credit is allowed per household per calendar year.

Eligible tenant-water-utility customers shall receive only 1 annual credit per eligible customer. However, where there are multiple tenants sharing rent in a household, the credit shall be divided among those who are on the lease or rental agreement or who otherwise verify that they are eligible tenant-water-utility customers. For subleases, the credit shall be prorated for the time that the sublessee is an eligible tenant-water-utility customer living in that household.

The Water-for-All Credit is determined by the formula C = B – I x A where C = the Water-for-All Credit. B = either:

For all negative values of C, the Water-for-All Credit is zero dollars.

The 1^st annual Water-for-All Credit shall be prorated, accounting from the date of the recipient’s enrollment in the Program.

Distribution of the credit shall begin as soon as practicable after the eligible residential- or tenant-water-utility customer applies for the Program. But in no case may it be later than 90 days after the Department’s receipt of a completed application that demonstrates a customer’s eligibility for the Program.

The credit for a tenant-water-utility customer whose water and wastewater utility service is master-metered and billed to the customer by the owner on an allocated basis shall be disbursed by check payable to the tenant-water-utility customer.

Customers may elect to receive credits disbursed on a monthly basis in an amount equal to one-twelfth of the annual credit.

The credit shall be applied to each subsequent bill until the full amount of the credit is exhausted.

At the end of each calendar year, for customers eligible for the Water-for-All Discount Program for the following year, the Director shall apply any unused credit to the recipient’s bills for the following year.

Within 45 days of termination, the DPW Director or Finance Director, as the case may be, shall apply any unused balance to the recipient’s bill before any other credits or deposits are applied when determining the bill balance due to or from the customer.

When a recipient changes his or her principal residence to a different unit that is provided water and wastewater services by the Department, any unused credit shall be transferred to the recipient’s new bill.

On the death of a recipient, the unused credit shall be transferred to a new bill of a surviving member of the decedent’s household who is an eligible residential- or tenant-water-utility customer in his or her own right.

Within 60 days of termination, any unused credit that cannot be transferred as stated in this subsection shall be returned to the self-sustaining water fund.

the recipient’s payment of those unpaid bills; or

the recipient’s entry into an installment payment agreement with the Department for payment of those unpaid bills.

notify all recipients of their obligation to recertify their eligibility for the Program; and

allow each recertified recipient to re-enroll in person, online, or in the mail.

The Office is a neutral intermediary created to promote fairness to customers dealing with water and wastewater billing disputes.

The purposes of the Office are:

The Office is entitled to the full cooperation and collaboration of the Department of Public Works’ staff and contractors, including access to all customer records and the ability to confer with Department leadership, staff, and contractors.

serving as a customer advocate, by conducting problem-solving investigations and implementing solutions, including:

conducting appeals hearings on request of aggrieved customers after a problem-solving determination has been made; and

reporting at least semi-annually to the Committee for Office Oversight established under <cite data-path="|24|§2-23">§ 2-23 {“Office ... - Committee for Office Oversight”} of this subtitle</cite>, on:

Data and metrics shall be used to enable:

Significant data shall be collected from individuals participating in the various dispute resolution processes under this subtitle, which will reduce data collection costs and emphasize customers’ direct experiences.

Data shall be collected that reveals the nature and frequency of:

When reporting to the Committee for Office Oversight, the Office shall explain how data derived directly from customer experiences was given great weight in designing reform proposals that promote customer fairness, and shall define metrics to be used to measure the effectiveness of the future reforms. As reforms are implemented, additional data shall be collected to evaluate the effectiveness of the reforms, and the Office shall, as appropriate, propose further improvements to the reforms or to the metrics to be used to assess them.

be impartial;

be knowledgeable about water and wastewater services, water usage, billing practices, and billing procedures; and

have substantial experience in dispute resolution, consumer protection, and the delivery of public services.

The Office’s Administrator, Customer Advocates, and supporting staff are entitled to compensation as provided in the Ordinance of Estimates.

The Office’s Administrator, Customer Advocates, and supporting staff are entitled to participate in any City-sponsored benefits program to the same extent and under the same terms as other City officers and employees.

may not be made to suffer any adverse employment action without cause; and

to avoid even the appearance of a conflict of interest:

pay money to any party, including a plumber;

prove that DPW equipment is faulty; or

pay bills that are being challenged by the customer.

notify the customer of the customer’s right to access the Office’s customer-advocacy problem-solving services; and

forward the customer’s request for assistance to the Office.

In order to resolve a billing or other dispute, a Customer Advocate may:

Both the customer and the Department of Public Works shall comply with a Customer Advocate’s requests for information and scheduling. On request of the Office, staff and contractors of the Department shall perform tests and otherwise use their expertise to assist in investigation and problem-solving functions.

A Customer Advocate may grant appropriate equitable relief to a customer, including:

Notwithstanding any other provision of <cite data-path="|24">this article</cite>, a Customer Advocate may not increase any charges in a bill issued to a residential- or tenant-water-utility customer.

After completion of an investigation, the Customer Advocate shall:

If the report concludes that the customer’s bill needs to be adjusted, the Finance Department shall promptly issue an amended bill to the customer.

DPW shall contract with the Environmental Control Board to make available hearing officers to provide an independent review of customer appeals from a Customer Advocate’s investigative report.

Hearing officers and individuals conducting or overseeing these independent reviews:

A customer is entitled to file an appeal with the Environmental Control Board within 30 calendar days of receipt of a Customer Advocate’s investigative report or within 45 calendar days of asking for assistance from the customer advocate.

The appeal must be filed:

Within 30 days of the filing of an appeal, the Environmental Control Board shall:

The customer must be given at least 15 calendar days notice of the hearing’s date, time, and location.

represent him- or herself or be represented by an attorney;

present his or her case with evidence;

submit evidence in rebuttal; and

conduct cross-examination.

Hearings shall be conducted in a full, fair, impartial, and orderly manner.

Except as otherwise provided by law, formal rules of evidence and trial procedures do not apply.

The hearing shall be filmed, audio recorded, or transcribed.

To facilitate the resolution of an appeal, the hearing officer may:

After the hearing has concluded, the hearing officer shall issue a written proposed decision, including a statement of material facts and conclusions of law.

The proposed decision:

The hearing officer’s proposed decision shall be communicated by mail to the customer and to the DPW Director no later than 30 days after the hearing, unless the customer agrees in writing to a longer period.

Promptly on receipt of the hearing officer’s proposed decision, the DPW Director:

The Director shall promptly serve a copy of the final agency decision or the remand order, as the case may be, on each party to the proceeding and, if not a party, on the owner of the property.

A customer or other party aggrieved by a final decision under this section may seek judicial review of that decision by petition to the Circuit Court for Baltimore City in accordance with the Maryland Rules of Procedure.

A party to the judicial review may appeal the Circuit Court’s final judgment to the Court of Special Appeals in accordance with the Maryland Rules of Procedure.

the Inspector General or the Inspector General’s designee;

the City Auditor or the City Auditor’s designee;

the Mayor or the Mayor’s designee;

the City Council President or the President’s designee; and

3 City Councilmembers, appointed by the City Council President.

shall elect one of its members to serve as the Chair of the Committee; and

may elect from among its members any other officers that the Committee considers necessary or appropriate.

The Committee shall meet at the call of the Chair or at the call of a majority of Committee members, as frequently as required to perform its duties.

4 members of the Committee constitute a quorum for the transaction of business.

An affirmative vote of at least 4 members is needed for any official action.

All meetings of the Commission must be conducted in accordance with the State Open Meetings Act (State <cite data-path="|general">General Provisions Article</cite>, Title 3).

review and evaluate the activities and operations of the Office, including the performance of its customer-advocacy problem-solving services and its appeals function;

provide advice and guidance to the Office and recommend new or modified policies and procedures that the Committee considers necessary or appropriate for the more effective operation of the Office; and

to these ends, hold at least 2 publicly advertised hearings a year at which: