Ley 146 del 2007
Resumen
Esta ley enmienda la Ley Núm. 33 de 27 de junio de 1985, conocida como la "Ley para Establecer Requisitos Mínimos de Procedimiento para la Suspensión de Servicios Públicos Esenciales". Añade un inciso
(d) a la Sección 5 para establecer el derecho de los suscriptores de compañías de servicios públicos a exigir que la facturación se base en la lectura real de los instrumentos de medición de uso, en lugar de estimaciones, a menos que sea físicamente imposible realizar la lectura. También otorga un plazo a las compañías de servicios públicos para aprobar la reglamentación necesaria para cumplir con esta disposición.
Contenido
(No. 146)
(Approved October 11, 2007)
AN ACT
To add a subsection
(d) to Section 5 of Act No. 33 of June 27, 1985, as amended, known as the "Act to Establish Minimum Procedural Requirements for the Suspension of Essential Public Services," to establish the right of every subscriber of the public service companies covered by this Act to require that the service billing be made by a reading of the usage measuring instruments and not by usage estimates; and to grant a term to the public service companies covered by Act No. 33 to approve the necessary regulations to comply with the provisions in this Act; and for other purposes.
STATEMENT OF MOTIVES
The "Act to Establish Minimum Procedural Requirements for the Suspension of Essential Public Services," Act No. 33 of June 27, 1985, as amended, has the purpose of guaranteeing to subscribers or users an adequate opportunity to object the accuracy and origin of the billed charges, an adequate notice of the decision to suspend their service for lack of payment, and also to guarantee the adequate disclosure of the complete procedure established.
Said Act applies to the Aqueduct and Sewer Authority, to the Electric Power Authority and to other public service companies established or to be established in the future, and their subsidiaries.
It is established in Section 5 of Act No. 33 that, at the time in which the subscriber formalizes the service contract with the instrumentality, it shall
inform him/her in writing of the procedure established, including:
(a) each stage of the procedure and the terms provided for each one;
(b) the rights, faculties and obligations of each party and of the instrumentality; and
(c) the availability of the instrumentality to personally explain the process to the subscriber or to clarify any doubt he/she may have regarding the procedure established to by the aforementioned Act.
As is known, there are subscribers of the public service companies covered by Act No. 33 who receive bills based on estimated usage rather than on an actual reading of the instruments of measuring usage.
This measure is directed to recognizing the right of those subscribers who do not agree to be billed for the services received based on estimated usage, to require that the billing be made by reading of the usage measuring instruments and not by estimates.
BE IT ENACTED BY THE LEGISLATURE OF PUERTO RICO:
Section 1.-Subsection
(d) is hereby added to Section 5 of Act No. 33 of June 27, 1985, as amended, to read as follows: "Section 5.- At the time the subscriber signs the service contract with the instrumentality, it shall inform him in writing of the procedure established, in compliance with the provisions of this Act. The information must advise the following:
(a) (b)
(c) (d) The right of the subscriber to require that the service billing be based on the reading of the usage measuring instruments and not by an estimate of the usage, except in those cases in which it
is physically impossible for the public corporation to perform a reading of the meter."
Section 2.- The public services enterprises covered by the provisions of Act No. 33 of June 27, 1985, as amended, shall approve the regulations necessary to comply with the herein established within sixty (60) days after the date of approval of this Act.
Section 3.- Should any part of this Act be found null by a court with competent jurisdiction, said ruling shall not affect or invalidate the remaining parts of the Act, and its effects shall be limited to the aspect object of said ruling.
Section 4.- This Act shall take effect immediately after its approval for the purposes of the approval of the regulations required and of the implementation of the necessary mechanisms to ensure compliance with the Act and its remaining provisions shall take effect one hundred eighty (180) days after its approval.
CERTIFICATION
I hereby certify to the Secretary of State that the following Act No. 146 (H.B. 2335) of the $6^{ ext {th }}$ Session of the $15^{ ext {th }}$ Legislature of Puerto Rico:
AN ACT to add a subsection
(d) to Section 5 of Act No. 33 of June 27, 1985, as amended, known as the "Act to Establish Minimum Procedural Requirements for the Suspension of Essential Public Services," to establish the right of every subscriber of the public service companies covered by this Act to require that the service billing be made by a reading of the usage measuring instruments and not by usage estimates; and to grant a term to the public service companies covered by Act No. 33 to approve the necessary regulations to comply with the provisions in this Act; and for other purposes, has been translated from Spanish to English and that the English version is correct.
In San Juan, Puerto Rico, today $15^{ ext {th }}$ of January of 2008.
Francisco J. Domenech Director