SF 1916

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to landlord and tenant; providing that
landlords who apportion bills or charge fees for
utility service are not exempt from regulation as a
utility; amending Minnesota Statutes 2004, sections
216B.02, subdivision 4; 504B.215, subdivision 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 216B.02,
subdivision 4, is amended to read:

Subd. 4.

Public utility.

"Public utility" means persons,
corporations or other legal entities, their lessees, trustees,
and receivers, now or hereafter operating, maintaining, or
controlling in this state equipment or facilities for furnishing
at retail natural, manufactured or mixed gas or electric service
to or for the public or engaged in the production and retail
sale thereof but does not include (1) a municipality or a
cooperative electric association, organized under the provisions
of chapter 308A producing or furnishing natural, manufactured or
mixed gas or electric service or (2) a retail seller of
compressed natural gas used as a vehicular fuel which purchases
the gas from a public utility. Except as otherwise provided,
the provisions of this chapter shall not be applicable to any
sale of natural, manufactured or mixed gas or electricity by a
public utility to another public utility for resale. In
addition, the provisions of this chapter shall not apply to a
public utility whose total natural gas business consists of
supplying natural, manufactured or mixed gas to not more than
650 customers within a city pursuant to a franchise granted by
the city, provided a resolution of the city council requesting
exemption from regulation is filed with the commission. The
city council may rescind the resolution requesting exemption at
any time, and, upon the filing of the rescinding resolution with
the commission, the provisions of this chapter shall apply to
the public utility. No person shall be deemed to be a public
utility if it furnishes its services only to tenants or
cooperative or condominium owners in buildings owned, leased, or
operated by such person new text begin , except the person is a utility if the
person furnishes services by submetering or by apportionment as
provided in section 504B.215, subdivision 2, or charges any fees
associated with the provision of utility service in addition to
those charged by a utility servicing the building new text end . No person new text begin ,
except a person furnishing utility services to tenants in a
building owned, leased, or operated by the person, new text end shall be
deemed to be a public utility if it furnishes service to
occupants of a manufactured home or trailer park owned, leased,
or operated by such person. No person shall be deemed to be a
public utility if it produces or furnishes service to less than
25 persons.

Sec. 2.

Minnesota Statutes 2004, section 504B.215,
subdivision 2, is amended to read:

Subd. 2.

Single-meter utility service payments.

In a
residential leasehold contract entered into or renewed on or
after August 1, 1995, the landlord of a single-metered
residential building shall be the bill payer responsible, and
shall be the customer of record contracting with the utility for
utility services. The landlord must advise the utility provider
that the utility services apply to a single-metered residential
building. A failure by the landlord to comply with this
subdivision is a violation of sections 504B.161, subdivision 1,
clause (1), and 504B.221. This subdivision may not be waived by
contract or otherwise. This subdivision does not require a
landlord to contract and pay for utility service provided to
each residential unit through a separate meter which accurately
measures that unit's use only. This subdivision does not
prohibit a landlord from apportioning utility service payments
among residential units and either including utility costs in a
unit's rent or billing for utility charges separate from
rent. new text begin A landlord who apportions water or sewer service:
new text end

new text begin (1) may not collect in the aggregate from the tenants more
than the landlord is billed by the utility;
new text end

new text begin (2) may not charge a higher rate for submetered service
than the rate the landlord is billed for usage by the utility;
new text end

new text begin (3) may collect any fixed portion of a utility bill charged
by a utility to a landlord only by dividing the charge equally
among all units; and
new text end

new text begin (4) may not charge additional fees or charges of any kind
for water utility service.
new text end