SF 1917

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

A bill for an act
relating to landlord and tenant; prohibiting
apportionment and reselling of utility service;
prohibiting fees relating to utility service; amending
Minnesota Statutes 2004, sections 216B.022; 504B.215,
subdivisions 2, 2a.

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

Section 1.

Minnesota Statutes 2004, section 216B.022, is
amended to read:

216B.022 SUBMETERING.

Nothing in this chapter grants the commission or a public
utility the authority to limit the availability of submetering
to a building occupant when the building is served by a public
utility's master meter which measures the total electric energy
delivered to the building new text begin , provided that, with respect to
residential premises, the submeterer complies with section
504B.215, subdivision 2a, and applicable industry standards for
safety, accuracy, and reliability new text end .

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. deleted text begin This subdivision does not
prohibit deleted text end A landlord deleted text begin from apportioning deleted text end new text begin may not apportion new text end utility
service payments among residential units deleted text begin and either including
utility costs in a unit's rent or billing for utility charges
separate from rent deleted text end .

Sec. 3.

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

Subd. 2a.

Conditions of separate utility billing to
tenant in single-meter buildings.

deleted text begin If the deleted text end new text begin (a) A landlord who
submeters utility service must comply with this subdivision.
For the purposes of this subdivision, "submetering" means the
measurement of utility service through a mechanical or
electronic device that meets industry standards for safety,
accuracy, and reliability.
new text end

new text begin (b) A new text end landlord of a single-metered residential
building deleted text begin bills deleted text end new text begin who uses submetering may only bill new text end for utility
charges separate from the rent, new text begin if the landlord complies with
new text end the following conditions deleted text begin apply deleted text end :

(1) prospective tenants must be provided notice of the
total utility cost for the building for each month of the most
recent calendar year; deleted text begin and
deleted text end

(2) deleted text begin an equitable method of apportionment and the frequency
of billing by the landlord must be predetermined and put in
writing for all leases. deleted text end the lease must contain a provision that,
upon a tenant's request, a landlord must provide a copy of the
actual utility bill for the building along with each deleted text begin apportioned
deleted text end utility bill. Upon a tenant's request, a landlord must also
provide past copies of actual utility bills for any period of
the tenancy for which the tenant received deleted text begin an apportioned deleted text end new text begin a
new text end utility bill. Past copies of utility bills must be provided for
the preceding two years or from the time the current landlord
acquired the building, whichever is most recent deleted text begin .
deleted text end

deleted text begin The landlord of a single-metered residential building who
bills separately for utilities may, deleted text end new text begin ;
new text end

new text begin (3) new text end if the landlord and tenant agree, provide tenants with
a lease term of one year or more the option to pay those bills
under an annualized budget plan providing for level monthly
payments based on a good-faith estimate of the annual bill deleted text begin . deleted text end new text begin ;
new text end

new text begin (4) new text end by September 30 of each year, a landlord deleted text begin of a
single-metered residential building who bills for gas and
electric utility charges separate from rent shall deleted text end new text begin must new text end inform
tenants in writing of the possible availability of energy
assistance from the low income home energy assistance program.
The information must contain the toll-free telephone number of
the administering agency deleted text begin . deleted text end new text begin ;
new text end

new text begin (5) the landlord may not collect in the aggregate from the
tenants more than the landlord is billed by the utility;
new text end

new text begin (6) the landlord may not charge a higher rate for
submetered service than the rate at which the landlord is billed
for usage by the utility;
new text end

new text begin (7) the landlord may collect any fixed portion of a utility
bill charged by a utility only by dividing the charge equally
among all units; and
new text end

new text begin (8) the landlord may not charge additional fees or charges
of any kind associated with utility service.
new text end