§4159.3. Customer billing; fixed rate; arbitration

            A. The board shall present every residential customer with the option of paying a fixed monthly rate for services. The fixed rate available to a customer shall be determined by calculating the average monthly cost of the customer's service based on his recent water meter readings, and the board shall notify each residential customer of the option for fixed rate billing and the amount that the customer would pay each month. A customer who selects the fixed rate option shall be billed the specified monthly amount until an automated meter is installed and operable at his residence.

            B. There is hereby established an arbitration program applicable to customers who dispute their bills from the board. The program shall function in accordance with the following requirements:

            (1) The legislative auditor and the New Orleans inspector general shall, acting together, appoint two arbiters for each councilmanic district in New Orleans, subject to confirmation by the city council. One arbiter from each district shall be appointed to serve on the residential arbitration team, and one arbiter from each district shall be appointed to serve on the commercial arbitration team.

            (2) If a customer disputes a monthly bill or the fixed monthly rate offered pursuant to Subsection A of this Section, his case shall be referred to the appropriate arbitration team.

            (3) Each arbitration team shall hold regularly scheduled appointment days at a public facility in each of the councilmanic districts to discuss cases with particular customers. Each team shall hold at least two appointment days per month in each councilmanic district. At least one member of the team shall meet with each customer in a private location at the public facility and shall review the evidence pertaining to the customer's dispute.

            (4) Based on his review and consultation with the other arbiters of his team, an arbiter shall determine whether the bill amount or the proposed fixed rate amount is appropriate and, if not, what the appropriate amount or rate is.

            (5) If the arbiter determines that the appropriate bill or rate amount is lower than what has been submitted to the customer, the arbiter shall notify the board, and the board shall lower the amount or rate to that which the arbiter has determined is appropriate.

            (6) If the customer is dissatisfied with the determination of the arbiter, the customer may appeal to the city council as otherwise provided by law.

            C. For purposes of this Section, "residential customer" refers to a customer who resides in a single family residence or multifamily residence with four or fewer units. "Commercial customer" refers to any customer that is not a residential customer.

            Acts 2024, No. 393, §1, eff. May 28, 2024.