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 3484
 
                           A-Engrossed
 
                         Senate Bill 929
                 Ordered by the Senate April 24
           Including Senate Amendments dated April 24
 
Sponsored by Senator BONAMICI; Senator MORRISETTE,
  Representatives C EDWARDS, HARKER
 
 
                             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.
 
    { - Requires manufactured dwelling park landlord assessing
tenant utility or service charge for water to use billing method
that determines charge through submetering. - }   { + Requires
landlord of manufactured dwelling park with 200 or more spaces in
park to use billing method that determines charge through
submetering when assessing tenant utility or service charge for
water. + } Requires compliance by January 2,   { - 20__ - }  { +
2012 + }.
 
                        A BILL FOR AN ACT
Relating to the billing of tenants for water; creating new
  provisions; and amending ORS 90.532.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) As used in this section, 'landlord, ' '
manufactured dwelling park' and 'tenant' have the meanings given
those terms in ORS 90.100.
  (2) A landlord that assesses the tenants of a manufactured
dwelling park containing 200 or more spaces in the facility a
utility or service charge for water by the billing method
described in ORS 90.532 (1)(b) shall convert the method of
assessing the utility or service charge to a billing method
described in ORS 90.532 (1)(a) or (1)(c). The landlord shall
complete the conversion no later than January 2, 2012. A
conversion under this section to a billing method described in
ORS 90.532 (1)(c) is subject to ORS 90.537. + }
  SECTION 2. ORS 90.532 is amended to read:
  90.532. (1) Subject to the policies of the utility or service
provider,  { + except as provided in subsection (2) of this
section, + } 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) 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. + }
    { - (2) - }  { +  (3) + } 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) - }  { +  (4) + } 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) - }  { +  (5) + } 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) - }  { +  (6) + } 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) - }  { +  (7) + } 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 3.  { + The amendments to ORS 90.532 by section 2 of
this 2009 Act become operative January 2, 2012. + }
                         ----------