1.1 	A bill for an act
1.2 	relating to landlord and tenant; prohibiting
1.3 	apportionment and reselling of utility service;
1.4 	prohibiting fees relating to utility service; amending
1.5 	Minnesota Statutes 2004, sections 216B.022; 504B.215,
1.6 	subdivisions 2, 2a.
1.7 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.8 	Section 1. Minnesota Statutes 2004, section 216B.022, is
1.9 	amended to read:
1.10 	216B.022 SUBMETERING.
1.11 	Nothing in this chapter grants the commission or a public
1.12 	utility the authority to limit the availability of submetering
1.13 	to a building occupant when the building is served by a public
1.14 	utility's master meter which measures the total electric energy
1.15 	delivered to the building, provided that, with respect to
1.16 	residential premises, the submeterer complies with section
1.17 	504B.215, subdivision 2a, and applicable industry standards for
1.18 	safety, accuracy, and reliability.

1.19 	Sec. 2. Minnesota Statutes 2004, section 504B.215,
1.20 	subdivision 2, is amended to read:
1.21 		Subd. 2.Single-meter utility service payments.  In a
1.22 	residential leasehold contract entered into or renewed on or
1.23 	after August 1, 1995, the landlord of a single-metered
1.24 	residential building shall be the bill payer responsible, and
1.25 	shall be the customer of record contracting with the utility for
1.26 	utility services.  The landlord must advise the utility provider
2.1 	that the utility services apply to a single-metered residential
2.2 	building.  A failure by the landlord to comply with this
2.3 	subdivision is a violation of sections 504B.161, subdivision 1,
2.4 	clause (1), and 504B.221.  This subdivision may not be waived by
2.5 	contract or otherwise.  This subdivision does not require a
2.6 	landlord to contract and pay for utility service provided to
2.7 	each residential unit through a separate meter which accurately
2.8 	measures that unit's use only. This subdivision does not
2.9 	prohibit A landlord from apportioning may not apportion utility
2.10 	service payments among residential units and either including
2.11 	utility costs in a unit's rent or billing for utility charges
2.12 	separate from rent.

2.13 	Sec. 3. Minnesota Statutes 2004, section 504B.215,
2.14 	subdivision 2a, is amended to read:
2.15 		Subd. 2a.Conditions of separate utility billing to
2.16 	tenant in single-meter buildings. If the (a) A landlord who
2.17 	submeters utility service must comply with this subdivision.
2.18 	For the purposes of this subdivision, "submetering" means the
2.19 	measurement of utility service through a mechanical or
2.20 	electronic device that meets industry standards for safety,
2.21 	accuracy, and reliability.
2.22 	(b) A landlord of a single-metered residential
2.23 	building bills who uses submetering may only bill for utility
2.24 	charges separate from the rent, if the landlord complies with 
2.25 	the following conditions apply:
2.26 	(1) prospective tenants must be provided notice of the
2.27 	total utility cost for the building for each month of the most
2.28 	recent calendar year; and 
2.29 	(2) an equitable method of apportionment and the frequency
2.30 	of billing by the landlord must be predetermined and put in
2.31 	writing for all leases.the lease must contain a provision that,
2.32 	upon a tenant's request, a landlord must provide a copy of the
2.33 	actual utility bill for the building along with each apportioned 
2.34 	utility bill.  Upon a tenant's request, a landlord must also
2.35 	provide past copies of actual utility bills for any period of
2.36 	the tenancy for which the tenant received an apportioned a 
3.1 	utility bill.  Past copies of utility bills must be provided for
3.2 	the preceding two years or from the time the current landlord
3.3 	acquired the building, whichever is most recent.
3.4 	The landlord of a single-metered residential building who
3.5 	bills separately for utilities may,;
3.6 	(3) if the landlord and tenant agree, provide tenants with
3.7 	a lease term of one year or more the option to pay those bills
3.8 	under an annualized budget plan providing for level monthly
3.9 	payments based on a good-faith estimate of the annual bill.;
3.10 	(4) by September 30 of each year, a landlord of a
3.11 	single-metered residential building who bills for gas and
3.12 	electric utility charges separate from rent shall must inform
3.13 	tenants in writing of the possible availability of energy
3.14 	assistance from the low income home energy assistance program.
3.15 	The information must contain the toll-free telephone number of
3.16 	the administering agency.;
3.17 	(5) the landlord may not collect in the aggregate from the
3.18 	tenants more than the landlord is billed by the utility;
3.19 	(6) the landlord may not charge a higher rate for
3.20 	submetered service than the rate at which the landlord is billed
3.21 	for usage by the utility;
3.22 	(7) the landlord may collect any fixed portion of a utility
3.23 	bill charged by a utility only by dividing the charge equally
3.24 	among all units; and 
3.25 	(8) the landlord may not charge additional fees or charges
3.26 	of any kind associated with utility service.