75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
House Bill 2613
Sponsored by Representative BUCKLEY; Representatives HOLVEY,
RILEY, SHIELDS, Senator ROSENBAUM
CHAPTER ................
AN ACT
Relating to the provision of utility services to tenants;
creating new provisions; amending ORS 90.532, 90.534 and
90.536; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 90.532 is amended to read:
90.532. (1) Subject to the policies of the utility or service
provider, a landlord may provide for utilities or services to
tenants by one or more of the following billing methods:
(a) A relationship between the tenant and the utility or
service provider in which:
(A) The provider provides the utility or service directly to
the tenant's space, including any utility or service line, and
bills the tenant directly; and
(B) The landlord does not act as a provider.
(b) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space or to a common area available to the tenant as
part of the tenancy; and
(C) The landlord includes the cost of the utility or service in
the tenant's rent or bills the tenant for a utility or service
charge separately from the rent in an amount determined by
apportioning the provider's charge to the landlord as measured by
a master meter.
(c) A relationship between the landlord, tenant and utility or
service provider in which:
(A) The provider provides the utility or service to the
landlord;
(B) The landlord provides the utility or service directly to
the tenant's space; and
(C) The landlord uses a submeter to measure the utility or
service actually provided to the space and bills the tenant for a
utility or service charge for the amount provided.
(2) To assess a tenant for a utility or service charge for any
billing period, the landlord shall give the tenant a written
notice stating the amount of the utility or service charge that
the tenant is to pay the landlord and the due date for making the
payment. The due date may not be less than 14 days from the date
of service of the notice.
Enrolled House Bill 2613 (HB 2613-B) Page 1
(3) A utility or service charge is not rent or a fee.
Nonpayment of a utility or service charge is not grounds for
termination of a rental agreement for nonpayment of rent under
ORS 90.394, but is grounds for termination of a rental agreement
for cause under ORS 90.630.
(4) The landlord is responsible for maintaining the utility or
service system, including any submeter, consistent with ORS
90.730. After any installation or maintenance of the system on a
tenant's space, the landlord shall restore the space to a
condition that is the same as or better than the condition of the
space before the installation or maintenance.
(5) A landlord may not assess a utility or service charge for
water unless 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.
(6) A landlord { - who - } { + that + } provides utilities
or services only to tenants of the landlord in compliance with
this section and ORS 90.534 and 90.536 is not a public utility
for purposes of ORS chapter 757.
{ + (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:
Enrolled House Bill 2613 (HB 2613-B) Page 2
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. + }
SECTION 5. { + This 2009 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2009 Act takes effect on its
passage. + }
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Passed by House April 9, 2009
Repassed by House May 22, 2009
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate May 20, 2009
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President of Senate
Enrolled House Bill 2613 (HB 2613-B) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
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Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled House Bill 2613 (HB 2613-B) Page 4