Minnesota Legislature
HF 1679
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
1.6 1.7 1.8 1.9 1.10 1.11
1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 2.1 2.2
2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35
A bill for an act
relating to utilities; modifying payment arrangements for current and past due
bills and undercharges; amending Minnesota Statutes 2006, sections 216B.098,
subdivisions 3, 4; 504B.215, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 216B.098, subdivision 3, is amended to
read:
Subd. 3.
Payment agreements.
new text begin During any period of the year when sections
216B.095 and 216B.097 do not apply, new text end a utility shall offer a payment agreement for
the payment of deleted text begin arrearsdeleted text end new text begin current and past due utility bills that considers the financial
circumstances of the customer's householdnew text end .
Sec. 2.
Minnesota Statutes 2006, section 216B.098, subdivision 4, is amended to read:
Subd. 4.
Undercharges.
new text begin (a) new text end A utility shall offer a payment agreement to customers
who have been undercharged if no culpable conduct by the customer or resident of the
customer's household caused the undercharge. The agreement must cover a period equal
to the time over which the undercharge occurred or a different time period that is mutually
agreeable to the customer and the utilitynew text begin , except that a payment agreement offered by a
utility to a customer whose household income is at or below 50 percent of state median
household income must consider the financial circumstances of the customer's householdnew text end .
new text begin (b) new text end No interest or delinquency fee may be charged deleted text begin under thisdeleted text end new text begin as part of an
underchargenew text end agreementnew text begin under this subdivisionnew text end .
new text begin
(c) If a customer inquiry or complaint results in the utility's discovery of the
undercharge, the utility may bill for undercharges incurred after the date of the inquiry
or complaint only if the utility began investigating the inquiry or complaint within a
reasonable time after when it was made.
new text end
Sec. 3.
Minnesota Statutes 2006, section 504B.215, subdivision 3, is amended to read:
Subd. 3.
Procedure.
(a) When a municipality, new text begin public new text end utility deleted text begin companydeleted text end , new text begin cooperative
electric association, new text end or other company supplying home heating oil, propane, natural gas,
electricity, or water to a building has issued a final notice or has posted the building
proposing to disconnect or discontinue the service to the building because a landlord who
has contracted for the service has failed to pay for it or because a landlord is required by
law or contract to pay for the service and fails to do so, a tenant or group of tenants may
pay to have the service continued or reconnected as provided under this section. Before
paying for the service, the tenant or group of tenants shall give oral or written notice to
the landlord of the tenant's intention to pay after 48 hours, or a shorter period that is
reasonable under the circumstances, if the landlord has not already paid for the service.
In the case of oral notification, written notice deleted text begin shalldeleted text end new text begin mustnew text end be mailed or delivered to the
landlord within 24 hours after oral notice is given.
(b) In the case of natural gas, electricity, or water, if the landlord has not yet paid the
bill by the time of the tenant's intended payment, or if the service remains discontinued,
new text begin the public utility, municipality, or cooperative electric association shall continue or restore
service if new text end the tenant or tenants deleted text begin maydeleted text end pay the deleted text begin outstanding billdeleted text end new text begin current chargesnew text end for the most
recent billing perioddeleted text begin , if the utility company or municipality will restore the service for at
least one billing perioddeleted text end .new text begin The public utility, municipality, or cooperative electric association:
new text end
new text begin
(1) may not demand or collect any arrears attributable to the landlord's account;
new text end
new text begin
(2) shall apply tenant payments to the landlord's account; and
new text end
new text begin
(3) shall continue service so long as the tenant or tenants continue to pay current
bills for service on a timely basis. A tenant or tenants may elect to become the customer of
record, but a public utility, municipality, or cooperative electric association may not require
a tenant or tenants to become the customer of record as a condition of continuing service.
new text end
(c) In the case of home heating oil or propane, if the landlord has not yet paid the
bill by the time of the tenant's intended payment, or if the service remains discontinued,
the tenant or tenants may order and pay for one month's supply of the proper grade and
quality of oil or propane.
(d) After submitting receipts for the payment to the landlord, a tenant may deduct
the amount of the tenant's payment from the rental payment next paid to the landlord. Any
amount paid to the municipality, utility company, or other company by a tenant under this
subdivision is considered payment of rent to the landlord for purposes of section 504B.291.