75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 2261
 
                         House Bill 2613
 
Sponsored by Representative BUCKLEY; Representatives HOLVEY,
  RILEY, Senator ROSENBAUM
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Prohibits landlord from charging utility or service rates or
charges to tenants that are greater than rates or charges that
utility or service providers are charging landlord.
  Declares emergency, effective on passage.
 
                        A BILL FOR AN ACT
Relating to the provision of utility services to tenants;
  creating new provisions; amending ORS 90.532; 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.
  (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) A landlord that provides utilities or services to
tenants shall do so in compliance with the requirements of the
utility or service provider, but may not charge tenants higher
utility or service rates or charges than the rates or charges
that the landlord is being charged by the utility or service
provider. + }
  SECTION 2.  { + The amendments to ORS 90.532 by section 1 of
this 2009 Act apply to utility or service rates or charges that
are charged on or after the effective date of this 2009 Act. + }
  SECTION 3.  { + 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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