75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
 
HA to RC to A-Eng. SB 772
 
LC 2321/SB 772-A3
 
            HOUSE AMENDMENTS TO RESOLVE CONFLICTS TO
                   A-ENGROSSED SENATE BILL 772
 
              By JOINT COMMITTEE ON WAYS AND MEANS
 
                             June 26
 
  On page 1 of the printed A-engrossed bill, line 3, after '
2005' insert ', and section 3, chapter ___, Oregon Laws 2009
(Enrolled Senate Bill 929); repealing section 2, chapter ___,
Oregon Laws 2009 (Enrolled Senate Bill 929)'.
  On page 8, after line 40, insert:
  '  { +  SECTION 6a. + }  { + If Senate Bill 929 becomes law,
section 2, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill
929) (amending ORS 90.532), is repealed and ORS 90.532, as
amended by section 6 of this 2009 Act, is amended to read: + }
  ' 90.532. (1) Subject to the policies of the utility or service
provider, a landlord may, except as provided in subsections
(2) { + , + }   { - and - }  (3) { +  and (4) + } of this
section, 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:
  ' (i) Includes the cost of the utility or service in the
tenant's rent; or
  ' (ii) Bills the tenant for a utility or service charge
separately from the rent in an amount determined by apportioning
on a pro rata basis 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) A landlord may not use a separately charged pro rata
apportionment as described in subsection (1)(b)(C)(ii) of this
section:
  ' (a) For garbage collection and disposal, unless the pro rata
apportionment is based upon the number and size of the garbage
receptacles used by the tenant.
 
  ' (b) For water service, if the rental agreement for the
dwelling unit was entered into on or after the effective date of
this 2009 Act.
  ' (c) For sewer service, if sewer service is measured by
consumption of water and the rental agreement for the dwelling
unit was entered into on or after the effective date of this 2009
Act.
  ' (3) A landlord and tenant may not amend a rental agreement to
convert water or sewer utility and service billing from a method
described in subsection (1)(b)(C)(i) of this section to a method
described in subsection (1)(b)(C)(ii) of this section.
  '  { +  (4) A landlord for a manufactured dwelling park
containing 200 or more spaces in the facility may not assess a
tenant a utility or service charge for water by using the billing
method described in subsection (1)(b) of this section. + }
  '  { - (4) - }  { +  (5) + } 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.
  '  { - (5) - }  { +  (6) + } 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.
  '  { - (6) - }  { +  (7) + } 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.
  '  { - (7) - }  { +  (8) + } 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.
  '  { - (8) - }  { +  (9) + } A landlord who 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.
  '  { +  SECTION 6b. + } If Senate Bill 929 becomes law, section
3, chapter ___, Oregon Laws 2009 (Enrolled Senate Bill 929), is
amended to read:
  '  { +  Sec. 3. + } The amendments to ORS 90.532 by
 { - section 2 of this 2009 Act - }  { +  section 6a of this 2009
Act + } become operative December 31, 2012.'.
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