Sponsored by:
Senator ANGELA V. MCKNIGHT
District 31 (Hudson)
SYNOPSIS
Requires certain notice prior to placing liens related to water utility service.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning water utility service and supplementing Title 48 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Municipal water utility” means a municipal public utility, as that term is defined in N.J.S.40A:1-1, that provides water service.
“Residential customer” means: a residential customer of record of a municipal water utility or a water public utility; or any residential tenant of a residence where the owner of the residence, and any other representative of the owner, as specified in the property record filed with the office of the county recording officer, is a non-residential customer of record of a municipal water utility or water public utility.
“Water public utility” means a public utility, as that term is defined in R.S.48:2-13, that provides water service.
b. Within 30 days of a water meter failing to register, a municipal water utility or water public utility shall provide written notice clearly identifying the status of the faulty water meter through individual service or certified mail to:
(1) the owner of the residence;
(2) any representative of the owner of the residence, as specified in the property record filed with the office of the county recording officer; and
(3) each affected residential customer.
c. A municipal water utility or water public utility shall not place, sell, or enforce a lien on real property for the unpaid balance of water charges related to the period in which a water meter has failed to register unless written notice was provided pursuant to subsection a. of this section.
d. A municipal water utility or water public utility that violates the provisions of this section shall be liable to a civil penalty of not less than $2,500 per violation, which shall be collected by the New Jersey Board of Public Utilities in a summary proceeding before a court of competent jurisdiction pursuant to the provisions of the “Penalty Enforcement Law of 1999,” P.L.1999, c.274 (C.2A:58-10 et seq.).
2. This act shall take effect immediately.
STATEMENT
This bill prohibits a municipal water utility or a water public utility (collectively, “utility”) from placing, selling, or enforcing a lien for the unpaid balance of water charges related to a period during which a water meter has failed to register unless the utility has met certain notice requirements under the bill. Specifically, within 30 days of a water meter failing to register, the bill requires a utility to provide written notice clearly identifying the status of the faulty water meter through individual service or certified mail to: (1) the owner of the residence; (2) any representative of the owner of the residence, as specified in the property record filed with the office of the county recording officer; and (3) each affected residential customer. A utility that violates the bill’s provisions is to be subject to a minimum civil penalty of $2,500 per violation.