Minnesota Legislature
SF 406
as introduced - 87th Legislature (2011 - 2012) Posted on 02/23/2012 08:47am
Current Version - as introduced
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 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 3.36 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8
4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31
A bill for an act
relating to manufactured homes; regulating water and sewer charges for
manufactured home parks; regulating charges to manufactured home parks by
public water suppliers; amending Minnesota Statutes 2010, sections 327C.01, by
adding subdivisions; 327C.02, subdivision 2; 327C.04, subdivision 2, by adding
a subdivision; 444.075, subdivision 3.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2010, section 327C.01, is amended by adding a
subdivision to read:
new text begin Subd. 7b. new text end
new text begin Public water supplier. new text end
new text begin
"Public water supplier" means (1) the governing
body of a county, statutory or home rule charter city, or town; or (2) an entity that owns,
manages, or operates a public water supply, as defined in section 144.382, subdivision 4.
new text end
Sec. 2.
Minnesota Statutes 2010, section 327C.01, is amended by adding a subdivision
to read:
new text begin Subd. 13. new text end
new text begin Water measuring device. new text end
new text begin
"Water measuring device" means a water
meter or submeter used to measure the water usage of one resident and to provide billing
to a resident for actual water usage.
new text end
Sec. 3.
Minnesota Statutes 2010, section 327C.02, subdivision 2, is amended to read:
Subd. 2.
Modification of rules.
new text begin (a) new text end The park owner must give the resident at least
60 days' notice in writing of any rule change.
new text begin (b)new text end A rule adopted or amended after the resident initially enters into a rental
agreement may be enforced against that resident only if the new or amended rule is
reasonable and is not a substantial modification of the original agreement.
new text begin (c)new text end Any security deposit increase is a substantial modification of the rental
agreement. deleted text begin A reasonable rent increase made in compliance with section 327C.06 isdeleted text end new text begin The
following actions arenew text end not a substantial modification of the rental agreement and deleted text begin isdeleted text end new text begin arenew text end not
considered to be a rule for purposes of section 327C.01, subdivision 8new text begin : (1) a reasonable
rent increase made in compliance with section 327C.06; and (2) the imposition and
collection of water, sewer, and other charges for utility service under section 327C.04new text end .
A rule change necessitated by government action is not a substantial modification of the
rental agreement. A rule change requiring all residents to maintain their homes, sheds and
other appurtenances in good repair and safe condition shall not be deemed a substantial
modification of a rental agreement.
new text begin (d)new text end If a part of a resident's home, shed or other appurtenance becomes so dilapidated
that repair is impractical and total replacement is necessary, the park owner may require
the resident to make the replacement in conformity with a generally applicable rule
adopted after the resident initially entered into a rental agreement with the park owner.
new text begin (e)new text end In any action in which a rule change is alleged to be a substantial modification
of the rental agreement, a court may consider the following factors in limitation of the
criteria set forth in section 327C.01, subdivision 11:
deleted text begin (a)deleted text end new text begin (1)new text end any significant changes in circumstances which have occurred since the
original rule was adopted and which necessitate the rule change; and
deleted text begin (b)deleted text end new text begin (2)new text end any compensating benefits which the rule change will produce for the
residents.
Sec. 4.
Minnesota Statutes 2010, section 327C.04, subdivision 2, is amended to read:
Subd. 2.
Metering required.
A park owner who charges residents for a utility
service must charge each deleted text begin householddeleted text end new text begin residentnew text end the same amount, unless the park ownernew text begin (1)
follows the procedures under subdivision 5 for water and sewer charges; or (2)new text end has installed
measuring devices which accurately meter each deleted text begin household'sdeleted text end new text begin resident'snew text end use of the utility.
Sec. 5.
Minnesota Statutes 2010, section 327C.04, is amended by adding a subdivision
to read:
new text begin Subd. 5. new text end
new text begin Water and sewer. new text end
new text begin
(a) For purposes of this subdivision, "third party"
means an individual, corporation, firm, company, partnership, limited liability corporation,
cooperative, or association that provides water or sewer services under an agreement with
a park owner, which may include but is not limited to:
new text end
new text begin
(1) installation and maintenance of waterworks systems or sanitary sewer systems
owned by the park owner;
new text end
new text begin
(2) installation and maintenance of water measuring devices; and
new text end
new text begin
(3) measurement of water usage by each resident. Third party does not include
a public water supplier.
new text end
new text begin
(b) As provided in this subdivision, a park owner who installs a water measuring
device to measure water service use, and provide for calculations of sewer use, may
separately bill each resident in the park for water service, sewer service, or both. This
authority applies to billing performed in conjunction with a single charge made to the park
owner by a public water supplier, and to billing for water or sewer service provided by
means of a private well or private sewer or septic system.
new text end
new text begin
(c) A park owner who performs separate billing of each resident for the utility
service shall:
new text end
new text begin
(1) bill a resident (i) based on that resident's actual use of water as identified by
the water measuring device, and (ii) at the rates or calculations used by the appropriate
public water supplier for each utility service;
new text end
new text begin
(2) if the park owner uses billing services provided by a third party, bill a resident
for the actual billing amount identified by the third party for that resident; or
new text end
new text begin
(3) if the park owner provides the utility service by means of a private well or private
sewer or septic system, bill a resident (i) based on that resident's actual use of water as
identified by the water measuring device, and (ii) at the rates permitted for utility charges
under subdivision 3.
new text end
new text begin
(d) A billing statement provided to each resident for utility service under this
subdivision must identify (1) the amount of the resident's actual use of water for the billing
period, and (2) the rate charged to the resident, including any calculations performed, for
each utility service billed.
new text end
new text begin
(e) A park owner may not include in a bill to a resident for utility service under
this subdivision, charges for (1) the cost of a water measuring device; (2) the cost of
installation or maintenance of a water measuring device; or (3) other administrative,
capital, or related expenses.
new text end
new text begin
(f) Prior to or with the initial separate bill to a resident for utility service under this
subdivision, the park owner shall:
new text end
new text begin
(1) reduce the resident's monthly rent in an amount equal to the resident's
proportional share of the total amount billed over the previous 12 months to the park
owner by the appropriate public water supplier for the utility service; or
new text end
new text begin
(2) waive the resident's next regularly scheduled rent increase as otherwise permitted
in section 327C.06, subdivision 3, over the subsequent 12-month period.
new text end
new text begin
(g) A water measuring device used under this subdivision must be:
new text end
new text begin
(1) certified, at the time of installation, as being in compliance with appropriate
national standards produced by (i) the American Water Works Association (AWWA), (ii)
the American Society of Mechanical Engineers (ASME), or (iii) the American National
Standards Institute (ANSI);
new text end
new text begin
(2) equipped with a manual or digital display that is readily accessible to the park
owner and a resident; and
new text end
new text begin
(3) installed in accordance with the plumbing code, as defined in section 326B.42,
subdivision 7.
new text end
Sec. 6.
Minnesota Statutes 2010, section 444.075, subdivision 3, is amended to read:
Subd. 3.
Charges; net revenues.
(a) To pay for the construction, reconstruction,
repair, enlargement, improvement, or other obtainment, the maintenance, operation and
use of the facilities, and of obtaining and complying with permits required by law, the
governing body of a municipality or county may impose just and equitable charges for
the use and for the availability of the facilities and for connections with them and make
contracts for the charges as provided in this section. The charges may be imposed with
respect to facilities made available by agreement with other municipalities, counties
or private corporations or individuals, as well as those owned and operated by the
municipality or county itself.
(b) Notwithstanding local charter restrictions, charges made for service rendered
shall be as nearly as possible proportionate to the cost of furnishing the service.
new text begin
(c) Notwithstanding local charter restrictions, a public water supplier:
new text end
new text begin
(1) shall impose a charge for water service or sewer service provided to a
manufactured home park, as defined in section 327C.01, subdivision 5, that is at the lowest
rate that is applied for service to single family homes, if the end users in the manufactured
home park are residential units; and
new text end
new text begin
(2) shall not impose more than one connection fee per metered water service or
metered sewer service that is provided to a manufactured home park.
new text end
new text begin
(d) For purposes of paragraph (c), the following terms have the meanings given them:
new text end
new text begin
(1) "connection fee" means a meter charge, line charge, maintenance charge, or
administrative charge; and
new text end
new text begin
(2) "public water supplier" has the meaning given in section 327C.01, subdivision 7b.
new text end