§ 5-502. Termination of accounts by account holders who are victims of abuse

West's Annotated Code of MarylandPublic UtilitiesEffective: October 1, 2023

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 5. Powers, Duties, and Prohibitions (Refs & Annos)
Subtitle 5. Miscellaneous (Refs & Annos)
Effective: October 1, 2023
MD Code, Public Utilities, § 5-502
§ 5-502. Termination of accounts by account holders who are victims of abuse
Currentness
Definitions
(a)(1) In this section the following words have the meanings indicated.
(2) “Abuse” has the meaning stated in § 4-501(b) of the Family Law Article.
(3) “Account holder” means an individual in whose name a utility account is maintained individually or jointly with other individuals.
(4) “Offender” means an individual who commits an act of abuse.
(5) “Qualified third party” means:
(i) a licensed physician or psychologist authorized to practice under the Health Occupations Article;
(ii) a social worker or caseworker of any public or private health or social services agency or provider; or
(iii) an advocate from a domestic violence or sexual assault prevention or assistance program.
(6) “Report by a qualified third party” means a report based on information received by a qualified third party while acting in a professional capacity that:
(i) indicates that the account holder is seeking assistance as a result of being a victim of abuse; and
(ii) includes the following information:
1. the name of the account holder;
2. the date, time, location, and a brief description of the incident;
3. the name and physical description of the alleged offender, if known;
4. the name and address of the employer of the qualified third party;
5. if the qualified third party is required to be licensed, the licensing entity and license number of the qualified third party;
6. the signature of the qualified third party, under seal of a notary public; and
7. the acknowledgment and signature of the account holder under penalty of perjury.
(7) “Utility” means an electric company, an electricity supplier, a gas company, a gas supplier, a sewage disposal company, a water company, or any combination of these companies.
In general
(b)(1) Subject to subsections (c) and (d) of this section, if an account holder is a victim of abuse, the account holder may terminate, and the utility shall allow for the termination of, the account holder's future liability under a utility contract if the account holder provides the utility with written notice by first-class mail or hand delivery of the account holder's request for termination of the account holder's future liability under the contract.
(2) The notice required under paragraph (1) of this subsection shall include:
(i) a copy of an enforceable final protective order issued for the benefit of the account holder under § 4-506 of the Family Law Article;
(ii) a copy of an enforceable final peace order, for which the underlying act was an act of abuse, issued for the benefit of the account holder under § 3-1505 of the Courts Article; or
(iii) a copy of a report by a qualified third party if:
1. the name and physical description of the alleged offender are redacted; and
2. the report was signed by the qualified third party within the 60 days immediately preceding the date the notice is provided under paragraph (1) of this subsection.
Responsibility for charges
(c) An account holder who terminates a utility contract under subsection (b) of this section is responsible for utility charges only up to and including the billing cycle during which the written notice required under subsection (b) of this section is submitted.
New utility account
(d) If an account holder terminates a utility contract under subsection (b) of this section, the utility shall allow the account holder to open a new utility account for a new premises notwithstanding an account balance or arrearage at the premises described in the written notice under subsection (b) of this section.

Credits

Added by Acts 2023, c. 566, § 1, eff. Oct. 1, 2023.
MD Code, Public Utilities, § 5-502, MD PUBLIC UTIL § 5-502
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document