Subject to Title 4 {“Administrative Procedure Act – Regulations”} of the <cite data-path="|general">City General Provisions Article</cite>, the DPW Director and the Finance Director shall adopt and enforce rules and regulations to administer a Water-for-All Discount Program in conformance with <cite data-path="|24">this article</cite>. 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 DPW Director or Finance Director, as the case may be, shall inform each residential- and tenant-water-utility customer of the availability of and eligibility criteria for the Water-for-All Discount Program in each bill and in each notice provided under <cite data-path="|24|§4-3|(d)">§ 4-3(d) {“Cut-off for non-payment: Notice”} of this article</cite>. Ord. 20-336 Text Conformed 02/23/21 By authority of Ordinance 20-431, Section 5, the Director of Legislative Reference, in consultation with the Law Department, has conformed subsection (a) to refer expressly to and reflect the requirements of the recently-enacted Administrative Procedure Act that, effective January 15, 2021, governs the proposal, adoption, and publication of administrative rules and regulations.

A customer may submit a Water-for-All Discount Program application to the Department online, in person, or by mail. Except as provided in subsection (d) of this section, a complete application, signed and dated by the customer or the customer’s authorized representative, must include: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 the customer or the customer’s authorized representative, that the tenant is a tenant-water-utility customer; the name and address of the landlord; and if applicable, verification that the tenant pays a separate amount for water or wastewater services to the landlord (<em>e.g.</em>, by copy of the rental or lease agreement so indicating); 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:that the recipient will notify the Department immediately if the actual annual household income exceeds the amount stated in the application; and that, if the actual income renders the recipient ineligible, the recipient will fully and promptly cooperate with the Department in its efforts, under <cite data-path="|24|§2-11|(c)">§ 2-11(c) {“Water-for-All ... – Midyear ineligibility”} of this subtitle</cite>, to recover credits distributed for any period of ineligibility; and 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. On request by the Director for good cause, the applicant shall: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. Ord. 20-336

Each eligible residential- or tenant-water-utility customer who submits a complete application, containing the information required by <cite data-path="|24|§2-7">§ 2-7 {“Water-for-All ... – Application for Program”} of this subtitle</cite>, shall receive a Water-for-All Credit as follows: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:the recipient’s estimated annual water and wastewater bill, inclusive of volumetric usage charges, the account management fee, and infrastructure charges, based on the recipient’s historical average annual water usage and the projected rate schedule for the year; or if water and wastewater utility service is master-metered and the owner bills the cost of service to a tenant-water-utility-customer on an allocated basis, the recipient’s estimated annual water and wastewater bill, based on evidence of prior billings occurring during the tenant recipient’s current lease or rental-agreement term and exclusive of the owner’s administrative charges related to the allocation. if the recipient’s annual household income is 50% or less than the federal government’s official poverty income guidelines, A equals 1%; if the recipient’s annual household income is greater than 50% but not greater than 100% of the federal government’s official poverty income guidelines, A equals 2%; and if the recipient’s annual household income is greater than 100% of the federal government’s official poverty income guidelines, A equals 3%. For all negative values of C, the Water-for-All Credit is zero dollars. The 1<sup>st</sup> annual Water-for-All Credit shall be prorated, accounting from the date of the recipient’s enrollment in the Program. In calculating annual household income for both eligibility and amount of the Water-for-All Credit, the Director shall use the same countable and non-countable income specified, in <cite data-doc="Code of Maryland Regulations" data-path="07.03.22.04">COMAR 07.03.22.04</cite>, as amended from time to time, by the Maryland Department of Human Resources for its “Electric Universal Service Program”. Ord. 20-336

The Water-for-All Credit shall be applied to the water or wastewater bill or sent to each recipient by check, as follows: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. When a recipient terminates service, the unused credit shall be dispersed according the following priorities: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. Ord. 20-336

If the Director determines any applicant to be ineligible for the Water-for-All Credit, the Director shall notify the applicant of this determination and of the applicant’s right to appeal under <cite data-path="|24|§2-21">§ 2-21 {“Office ... – Appeals”} of this subtitle</cite>. Ord. 20-336

The Water-for-All Credit is conferred based on annual household income for the current calendar year, as estimated at the time of application. If the recipient’s actual annual household income for the current calendar year exceeds the eligibility criteria, that recipient will become ineligible for the remainder of the calendar year. Recipients are required to notify the Director immediately if their annual household income exceeds the eligibility criteria. The Finance Department shall take necessary action to recover, when appropriate, the full amount of Water-for-All Credits distributed to beneficiaries for any period of ineligibility. Ord. 20-336

On a customer’s enrollment into the Water-for-All Discount Program, the Department shall provide the customer with a written statement that sets forth: the estimated annual and monthly bill without the Water-for-All Credit; the amount of the Water-for-All Credit; the estimated annual and monthly bill with the Water-for-All Credit to be applied; the monthly bill due date; the amount of pre-Water-for-All Credit arrears that were accrued prior to enrollment; the requirement that bills issued must be paid; a brief explanation of the consequences of nonpayment; a brief explanation of the elimination of pre-enrollment arrears on timely payments, as provided in <cite data-path="|24|§2-13">§ 2-13 {“Water-for-All ... – Program arrears”} of this subtitle</cite>; a brief explanation of the duty to remain eligible or to notify the Department immediately if the customer becomes ineligible; and a brief explanation of the annual recertification requirement for continued participation. Ord. 20-336

Each on-time payment by a Water-for-All Discount Program recipient shall be credited towards the recipient’s pre-enrollment arrears in the amount of the payment until all arrears are satisfied. Any amount paid for a bill in excess of the recipient’s current water liabilities reduces the balance of his or her pre-enrollment arrears and reduces the amount of on-time payments that the recipient will have to make to satisfy those arrears Once a recipient is enrolled in the Water-for-All Discount Program, timely payment in full of each bill satisfies all of a recipient’s current water liabilities, so that there is no addition to arrears after enrollment. A failure to make timely payments in full will add to pre-enrollment arrears, subjecting them to potential water cut-off pursuant to <cite data-path="|24|§4-3">§ 4-3 {“Cut-off for nonpayment”} of this article</cite> and extending the number of on-time payments that the recipient will have to make to eliminate all pre-enrollment arrears. In the event that a recipient’s service is terminated for non-payment of bills after enrollment in the Water-for-All Discount Program, the recipient is entitled to immediate restoration of service on: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. The Department shall notify all customers in arrears of the availability of the Water-for-All Program and of their ability to enter into an installment payment agreement program pursuant to <cite data-path="|24|§4-5">§ 4-5 {“Installment payment agreement”} of this article</cite>. Ord. 20-336

No less than 60 calendar days before the end of each calendar year, the Director shall: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. A recipient’s recertification of eligibility has the same effect as if the customer had reapplied. A recipient’s failure to recertify eligibility within 90 days after the notification renders the recipient ineligible to continue in the Program, subject to reapplication. Ord. 20-336

Any applicant or recipient aggrieved by a determination of the Department under this Program may appeal that determination, as provided in <cite data-path="|24|§2-21">§ 2-21 {“Office ... – Appeals”} of this subtitle</cite>. Ord. 20-336

There is an Office of Water-Customer Advocacy and Appeals in the Department of Public Works. 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:to provide a problem-solving resolution process for disputes between customers and the Department of Public Works about water and wastewater billings, assistance under the Water-for-All Discount Program, and assistance under any other Baltimore Water Assistance Programs; and to provide guidance on broader rules, regulations, policies, and procedures of the Department that relate to customer issues with water and wastewater billings. 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. The Office serves the following three primary functions:serving as a customer advocate, by conducting problem-solving investigations and implementing solutions, including:investigating the causes of and solutions to billing disputes between customers and the Department of Public Works, even if the customer has not yet exhausted options for dispute resolution offered by the Department; investigating the causes of and solutions to disputes between customers and the Department of Public Works over Water-for-All Discount Program determinations or other Department actions or decisions related to water and wastewater billing, service cut-offs, or lack of notice of billing-related issues; connecting customers to complementary social services; investigating and improving communications between customers and the Department of Public Works, by investigating whether notices should be in other languages, ensuring that customers receive timely and complete notice of payments due, and ensuring that customers receive timely and complete notice of options for reducing payments under all existing programs; and adjusting customer bills when warranted; 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:Office operations and activities, including:data on the Office’s customer-advocacy investigation and problem-solving efforts and its appeals function, as set fort in subsection (d) of this section; and examples of common customer complaints, the methods by which the Department of Public Works addresses those complaints, an assessment of those methods, and recommendations for alternative approaches; and recommendations that the Office has for:changes to the department’s rules, regulations, policies, or procedures that will promote fairness to customers and resolve customer concerns; task forces and additional Office staff; and any other options for promoting fairness to customers and resolving customer concerns. Data and metrics shall be used to enable:an understanding of the problems experienced by customers and by DPW; the design of workable solutions; and the evaluation of whether reforms implemented are successful. 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:customer concerns raised on matters of all kinds; methods used by Office Advocates to investigate problems, to assess DPW’s responses, and to create solutions promoting customer fairness; dispute resolution outcomes and justifications, including bill adjustment dollar amounts, orders regarding enrollment in discount and affordability programs, referrals to social service agencies, complaints left unaddressed, and other outcome es; decisions of the Public Works Director that overrule an Office Advocate or the ECB; communications among billing analysts, the Office, the ECB, and customers; data collection efforts; customer feedback (from customers both participating in dispute resolution systems and not participating in them); ideas solicited from customers about potential causes of problems and potential solutions that would promote customer fairness; input from social service organizations that serve customers; and with respect to discount and affordability programs, application and enrollment numbers compared to the anticipated number of eligible customers, reasons for denials, and the relative success of different outreach methods. 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. Ord. 20-336 Ord. 20-468

The head of the Office, who shall supervise and direct the Office’s personnel and operations, is the Office Administrator, to be appointed by the Mayor in accordance <cite data-doc="City of Baltimore, Md., Charter" data-path="IV|§6">City Charter Article IV, § 6</cite>. The Office Administrator may appoint the Office’s Customer Advocates and supporting staff, as provided in the Ordinance of Estimates. The Office’s Administrator and Customer Advocates must: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. Office employees:may not be made to suffer any adverse employment action without cause; and to avoid even the appearance of a conflict of interest:may not be required to get prior approval from DPW officials or employees for Office reviews, reports, or recommendations; and shall have only limited communications with DPW employees, as needed to fulfill the Office’s customer fairness mandate. Ord. 20-336 Ord. 20-468

A customer may seek Office assistance by submitting a written or oral request to the Department or to the Office within 90 calendar days of any disputed Water-for-All Discount Program determination or other Department action or decision related to water and wastewater billing, service cut-offs, or lack of notice of billing-related issues. The right to dispute a determination by the Department before the Department, the Office, or the ECB may not be limited, except as otherwise stated in <cite data-path="|24">this article</cite>. Thus, a customers may not be required by the Department, the Office, or the ECB to do any of the following as a prerequisite to having the customer’s appeal heard:pay money to any party, including a plumber; prove that DPW equipment is faulty; or pay bills that are being challenged by the customer. All proposed new or modified rules and regulations that govern or affect the operations of the Office or ECB or that delimit rights granted customers by <cite data-path="|24">this article</cite> shall be published for public comment and shall be posted online in both draft and final form. Ord. 20-336 Ord. 20-468

Whenever a customer asks the Department for assistance under § 2-19 {“Office ... - Request for assistance ...”}, the Department shall immediately: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:investigate the computation of water charges for accuracy; investigate meter reading for possible miscalculations or malfunction; investigate whether the amount billed is erroneous based on household size, billing cycle, amount of reported usage, or other relevant factors; consider whether reported meter readings are so unreasonably high as to be prima facie evidence that the meter is incorrect; facilitate a search for leaks on the customer’s premises and nearby City property; and make a reasonable investigation of any material facts and claims asserted by the customer as to the cause of the erroneous bill or Department decision. 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:the change of an amount due on a bill for water or wastewater; or the reversal of a Department decision. 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:issue a written report containing a description of the investigation and a statement of:the law and facts; the results of the investigation; any relief granted or denied; and an explanation for that determination; mail a copy of the report to the Department and to the customer at the customer’s last-known address; and keep all records of the investigation and the report. 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. The report shall notify the customer of his or her right to appeal the results of the investigative report. The notice shall contain:the deadlines for and methods of filing the appeal; and the procedures by which the appeal will be heard. Ord. 20-336

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:may not be made to suffer any adverse employment action without cause; and to avoid even the appearance of a conflict of interest:may not engage in any ex parte communication involving a matter pending before the ECB; and may not communicate with any DPW official or employee about preferences for the outcome of a matter that might come before the ECB. 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:in-person, at an address designated by the Environmental Control Board; electronically, in a format approved by the Environmental Control Board; or by first-class mail, postmarked within 30 calendar days of receipt of the report. Within 30 days of the filing of an appeal, the Environmental Control Board shall:promptly schedule an in-person hearing with a hearing officer; and notify the Department, the customer, and the Customer Advocate of the date, time, and location of the hearing. The customer must be given at least 15 calendar days notice of the hearing’s date, time, and location. At the hearing, the customer is entitled to: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. At the hearing, the Customer Advocate shall appear and may be questioned by the customer, the Department, and the hearing officer. 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:administer oaths and affirmations; examine witnesses and take testimony; issue summonses and subpoenas, especially those requested by the customer or the Department and received by the hearing officer at least 7 days before the hearing; request investigative reports prepared by the Customer Advocate and any relevant Department records or information; regulate the course and conduct of hearings, which shall be conducted:informally, in a manner to ascertain the substantial rights of the customer and the Department; and without the hearing officer’s being bound by common law or statutory rules as to the admissibility of evidence or by technical rules of procedure; consider whether reported meter readings are so unreasonably high as to be prima facie evidence that the meter is not functioning properly or is the wrong size; rule on motions or informal requests; and continue any hearing as deemed necessary for the efficient disposition of the matter, but the hearing officer may not receive ex parte, directly or indirectly,any additional evidence or communication regarding the merits of any issue in the matter during the continuance. 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:shall be based on consideration of the entire record; may include the forms of relief specified in <cite data-path="|24|§2-20|(c)">§ 2-20(c) {“Office ... – Customer-advocacy services: Examples of potential relief”} of this subtitle</cite>; and may not increase any charges in a bill issued to a residential- or tenant-water-utility customer. 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:shall review the proposed decision and the administrative record of the dispute; and shall:issue a final agency decision that:adopts the hearing officer’s proposed decision; or modifies the hearing officer’s proposed decision and, in writing:specifies each of the Director’s modifications; and explains the reasons for each modification; or if the hearing officer’s proposed decision fails to provide sufficient information on which to render a final decision, issue an order that describes the deficiency and remands the matter to the hearing officer for further proceedings. 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. Ord. 19-332 Ord. 20-336 Ord. 20-468

Notwithstanding any other provision of <cite data-path="|24">this article</cite>, the Department may not cut off water or wastewater service because of a delinquency or arrearage that is the subject of a pending request, made in good faith, for investigation, review, or appeal, or for judicial or appellate review of a billing dispute. Ord. 20-336 Ord. 20-468

There is a Committee for Office Oversight. The Committee comprises the following 7 members: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. The Committee: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). The Committee shall: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:the Office Administrator shall appear and report on:the status of Office activities and operations; and the Office’s recommendations for changes necessary or appropriate to further promote fairness to customers and resolving customer concerns; and the public may attend and testify on the efficacy of the Office’s activities and operations and any need for further modifications to these activities and operations. Ord. 20-336 Ord. 20-468