An Act to amend 4 CMC § 8143 to require CUC to bill water, power, and sewer separately (P.L. 15-123)

Section 1. Findings. The Legislature finds that the Commonwealth Utilities Corporation's ("CUC") present billing system combines the charges for electrical power, water consumption, and sewer services into one bill each month. CUC does not separate a customer's utility payment according to the different applicable utilities under its present billing system. The billing system of CUC has resulted in the disconnection of water for many CUC consumers in addition to the disconnection of power. The Legislature further finds that it is the practice of CUC to disconnect the water service, in addition to the power, of consumers who are delinquent in paying their power bill. This practice has created an unhealthy and unsanitary living environment for many Commonwealth residents. Many Commonwealth residents are now living without power and water at home. They rely on water collection, which is not always clean and usually insufficient to sustain their daily water needs. Water is a basic necessity of life. Many people can live without power but cannot live without water. Moreover, Commonwealth residents cannot properly prepare and cook food, clean their homes, and wash their clothes without water. The lack of water in such households may lead to the spread of germs and diseases that could easily be avoided with the use of water. The Legislature finds that CUC does not have any compelling interest in disconnecting a consumer's water service just because they cannot pay the power portion of their CUC bill. Consumers should be allowed to reconnect their water service upon payment PUBLIC LBW NO. 15-123 \i I ! of their consumption charges and reconnection fees. The purpose of this legislation is to Ij 1; require CUC to separate the electrical power, water consumption, and sewer services in its I! i billing system, to allow consumers to pay their utility bills separately, and to permit I 1. 1 . consumers to reconnect water or power services upon payment of their outstanding i/ / j consumption charges and reconnection fees. I Section 2. Amendment. 4 CMC 9 8143, as amended by Executive Order 2006-4, is i amended by adding a subsection (a) and new subsection (b) to read as follows: ''5 8 143. Metering and Billing. (aJ The corporation shall accurately meter electricity and water and shall bill all consumers including all government consumers and all government buildings for electrical power, water consumption, and sewer services by no later than October 1, 2007, at no less than the full cost of production, operation, and maintenance of those services; provided, however, that nothing in this Executive Order or any other law I shall preclude the immediate equitable increase in the existing rate schedules prior to the accurate metering of all classes of consumers. The classes of consumers are commercial, residential and governmental or such other classes as the corporation may determine appropriate. I (b) The corporation shall separate the electrical power, water consumption, I ., ,c and sewer services in its billing system. Consumers shall be permitted to pay for each utility service separately. The corporation shall not disconnect a consumer's water service for failure to pay for the electrical power portion of their bill. The corporation shall allow customers to reconnect water or power services upon payment of their water or power consumption charges and reconnection fees."

Section 3. Severability. If any provision of this Act or the application of any such provision to any person or circumstance should be held invalid by a court of competent jurisdiction, the remainder of this Act or the application of its provisions to persons or I circumstances other than those to which it is held invalid shall not be affected thereby. Page 2 z PUBLIC LAW NO. 15-123 HOUSEBILLNO. 15-293 I ! i Section 4. Savings Clause. This Act and any repealer contained herein shall not be j -construed as affecting any existing right acquired under contract or acquired under statutes f repealed or under any rule, regulation or order adopted under the statutes. Repealers 1 contained in this Act shall not affect any proceeding instituted under or pursuant to prior law. i The enactment of the Act shall not have the effect of terminating, or in any way modifying, i any liability, civil or criminal, which shall already be in existence on the date this Act : becomes effective.

Section 5. Effective Date. This Act shall take effect upon its approval by the 1 Governor or becoming law without such approval. I I CERTIFIED BY: ATTESTED TO BY: ?this day of Page 3 PUBLIC I A W NO. 15-123 CERTIFICATION: herridden by the House of Representatives on December 3,2007, and by the Senate on iovember 14,2007, by the affirmative vote of two-thirds of the members in each house. OF THE HOUSE SPEAKER r ' T Page 4