Requires certain notice prior to placing liens related to water utility service.
Assembly Bill 5108 would require municipal water utilities and water public utilities to give written notice within 30 days after a water meter fails to register. The notice must clearly identify the faulty meter and be sent by individual service or certified mail to the property owner, any listed owner representative, and each affected residential customer. The bill is aimed at situations where water charges accrue during a meter malfunction and the customer may not be aware of the problem.
The bill also bars a utility from placing, selling, or enforcing a lien on real property for unpaid water charges tied to the period of a failed meter unless the required notice was first provided. In addition, it creates a civil penalty of at least $2,500 per violation, enforceable by the New Jersey Board of Public Utilities under the Penalty Enforcement Law of 1999. The measure would take effect immediately upon enactment.
The bill would add new consumer-protection requirements to Title 48 governing water utilities in New Jersey, limiting when utilities may pursue liens for unpaid water charges arising from meter failures. It would apply to both municipal water utilities and water public utilities, and it would affect property owners, residential tenants in certain owner-occupied or landlord-utility arrangements, and utility enforcement practices. The New Jersey Board of Public Utilities would gain enforcement authority over violations through civil penalties.
Based on the bill text and the absence of recorded committee testimony or votes, the available context suggests a protective, consumer-oriented measure with no documented opposition in the materials provided. The bill’s structure indicates concern about fairness and notice when billing problems stem from a malfunctioning meter rather than customer nonpayment. No voting history or transcript evidence is available to show broader legislative support or resistance.
The main point of potential contention is the restriction on utility lien enforcement, which could be viewed by utilities as limiting their ability to recover unpaid charges. Another issue is the mandatory notice timeline and delivery method, which imposes administrative obligations on utilities and may be debated as to whether 30 days is sufficient. The bill also raises questions about who must receive notice in landlord-tenant situations, since it extends protections to residential tenants when the property owner is a non-residential customer of record.