(Source: MIRS.news, Published 01/28/2023) What started as a 2022 book-closing supplemental and snowballed into a $946.2 million spending effort by Democrats also contained a notable $25 million for the creation of a water shutoff prevention fund, which Sen. Stephanie Chang (D-Detroit) said is a first step towards creating a statewide program to prevent water shutoffs for those who can't pay.
Chang, who has been a longtime advocate for eliminating water shutoffs in her Detroit-area district, said the end goal is $100 million towards a water shutoff prevention fund, along with permanent legislation to create a statewide program. She called the $25 million appropriated in Thursday night's SB 7 a “huge start.”
“We're hopeful that we can pick up where we left off on legislation from three years prior on the creation of a statewide program and a state fund,” she said, “because we need to build out a more sustainable, long-term solution.”
Previously-introduced legislation creating a water shutoff protection act includes HB 4393 in 2017, along with former Rep. Gary Howell's HB 4313 in 2019 and SB's 271 and 343 in 2019. Most recently, now-House Majority Floor Leader Abraham Aiyash (D-Hamtramck) introduced HB 4313 in 2021, which would create water shutoff protection for Michiganders under 200% of federal poverty guidelines or who have received state relief.
Under the bill, providers would be prohibited from shutting off services without first posting multiple notices, personally visiting the premises to notify the consumer of eligible water affordability programs and making a telephone call. Customers unable to pay in full would be able to enter into a monthly payment plan for less than 2% of their average monthly income.
The bill also limits providers turning off the water for “critical care customers,” or those who have provided documentation that a shutoff would be life-or-safety threatening, senior citizens, individuals with dependents under 18, those with disabilities and pregnant women.
Chang said conversations have started to pick up again this year with water providers across the state, as well as environmental and water advocates. She expressed her hope that the current funding and additional sources could be possible to create a more permanent solution that builds off previous legislation.
She said water shutoffs are an issue that affects people across the state, not just in her district.
“It's something that we've seen as an ongoing issue in Detroit, but also in suburbs and tiny villages all across the state,” she said. “Our rates are rising.”
In Detroit, a coalition of civil rights groups including the American Civil Liberties Union (ACLU) of Michigan, Legal Defense Fund and Michigan Poverty Law Program have called for assistance with preventing water shutoffs after a July 2020 moratorium signed by Gov. Gretchen WHITMER was set to expire.
The executive order stopped shutoffs for a period, but following its expiration on Dec. 31, 2022, the coalition requested expedited assistance for residents who would again be cut off.
The groups have additionally been involved with a lawsuit against the City of Detroit, Detroit Mayor Mike Duggan, Gov. Gretchen Whitmer and the Director of Detroit Water and Sewage Department Gary Brown. The suit, Taylor v. City of Detroit, involves six Detroit residents and the People's Water Board Coalition as plaintiffs.
Following the expiration of the moratorium, plaintiffs filed a motion to expedite the hearing. Initial arguments were heard Jan. 23, and a decision is yet to come.
Chang said she's hopeful a permanent program will also soon be in the works, along with the additional $75 million.
“The thing I'm hoping to do is really work with the providers, as well as all the environmental advocates and water advocates to try to come up with something that is workable,” she said. “There's a lot of different water providers across the state and they operate differently, so recognizing that there needs to be some flexibility, but we want to move towards this longer-term goal of making sure that people are able to have water bills that they can afford and take into consideration their household income.
“Everyone needs water to live,” Chang said.
