75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to HB 2613
 
LC 2261/HB 2613-6
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2613
 
               By COMMITTEE ON CONSUMER PROTECTION
 
                             April 6
 
  On page 1 of the printed bill, line 3, after '90.532 ' insert
', 90.534 and 90.536'.
  In line 6, restore the bracketed material.
  On page 2, delete lines 4 through 11 and insert:
  ' (5) A landlord may not assess a utility or service charge for
water unless:
  ' (a) The landlord provides potable water from a source of
potable water, including a well, that is owned or operated by the
landlord; or
  ' (b) The water is provided to the landlord by a:
  ' (A) Public utility as defined in ORS 757.005;
  ' (B) Municipal utility operating under ORS chapter 225;
  ' (C) People's utility district organized under ORS chapter
261;
  ' (D) Cooperative organized under ORS chapter 62;
  ' (E) Domestic water supply district organized under ORS
chapter 264; or
  ' (F) Water improvement district organized under ORS chapter
552.'.
  Delete lines 15 through 20 and insert:
  ' (7) The authority granted in this section for a utility or
service provider to apply policy regarding the billing methods
described in subsection (1) of this section does not authorize
the utility or service provider to dictate either the amount
billed to tenants or the rate at which tenants are billed under
ORS 90.534 or 90.536.
  '  { +  SECTION 2. + } ORS 90.534 is amended to read:
  ' 90.534. (1) If a written rental agreement so provides, a
landlord using the billing method described in ORS 90.532 (1)(b)
may require a tenant to pay to the landlord a utility or service
charge that has been billed by a utility or service provider to
the landlord for a utility or service provided directly to the
tenant's space or to a common area available to the tenant as
part of the tenancy.
  ' (2) A utility or service charge that is assessed to tenants
for the tenants' spaces under this section must be allocated
among the tenants by a method that reasonably apportions the cost
among the affected tenants and that is described in the rental
agreement. Methods that reasonably apportion the cost among the
tenants include, but are not limited to, methods that divide the
cost based on the number of occupied spaces in the facility or on
the square footage in each dwelling, home or space.
  ' (3) A utility or service charge to be assessed to a tenant
for a common area must be described in the written rental
agreement separately and distinctly from the utility or service
charge for the tenant's space.
  ' (4) A landlord may not { + :
  ' (a) Bill or collect more money from tenants for utilities or
services than the utility or service provider charges the
landlord.
  ' (b) + } Increase the utility or service charge to the tenant
by adding any costs of the landlord, such as a handling or
administrative charge  { - , other than those costs billed to the
landlord by the provider for utilities or services - } .
  '  { +  SECTION 3. + } ORS 90.536 is amended to read:
  ' 90.536. (1) If a written rental agreement so provides, a
landlord using the billing method described in ORS 90.532 (1)(c)
may require a tenant to pay to the landlord a utility or service
charge that has been billed by a utility or service provider to
the landlord for utility or service provided directly to the
tenant's space as measured by a submeter.
  ' (2) A utility or service charge to be assessed to a tenant
under this section may consist of:
  ' (a) The cost of the utility or service provided to the
tenant's space and under the tenant's control, as measured by the
submeter, at a rate no greater than the average rate billed to
the landlord by the utility or service provider, not including
any base or service charge;
  ' (b) The cost of any sewer service for stormwater or
wastewater as a percentage of the tenant's water charge as
measured by a submeter, if the utility or service provider
charges the landlord for sewer service as a percentage of water
provided; and
  ' (c) A pro rata portion of any base or service charge billed
to the landlord by the utility or service provider, including but
not limited to any tax passed through by the provider.
  ' (3) { +  The landlord may not bill or collect more money from
tenants for utilities or services than the utility or service
provider charges the landlord. + } A utility or service charge to
be assessed to a tenant under this section may not include:
  ' (a) Any additional charge, including any costs of the
landlord, for the installation, maintenance or operation of the
utility or service system or any profit for the landlord; or
  ' (b) Any costs to provide a utility or service to common areas
of the facility.
  '  { +  SECTION 4. + }  { + The amendments to ORS 90.532,
90.534 and 90.536 by sections 1, 2 and 3 of this 2009 Act apply
to utility or service rates or charges that are charged either:
  ' (1) On or after the effective date of this 2009 Act; or
  ' (2) If the rates or charges are controlled by a contract
between a landlord and a utility or service provider, after the
date the contract ends or is amended, renewed or terminated. + }
' .
  In line 21, delete '3' and insert '5'.
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