SB 1471 - Under the act, an owner or operator of premises or a third-party water or sewer usage billing provider shall not be considered a public utility, a sewer or a water corporation for purposes of billing lessees separately for their use of water and sewer services. An owner or operator that is supplied water and sewer services by a public utility, or other certified water or sewer corporation, may utilize a separate meter to measure water and sewer usage within lessees' dwelling units and employ a program that utilizes a mathematical formula to calculate and allocate aggregate water and sewer usage.
An owner or operator who elects to charge lessees separately for water and sewer usage under the act shall disclose on each lessee's water and sewer usage bill water and sewer charges during the current billing period, meter readings, and dates for the meter readings.
An owner or operator shall first provide to potential lessees a clear and written description of the mathematic formula used to calculate water and sewer usage prior to the commencement of a lease.
The total amount of water and sewer usage shall not exceed the amount charged to the owner or operator by a public utility or a state certified corporation.
An owner or operator may charge and collect from lessees reasonable fees for costs incurred by the owner or operator related to the provision of administrative services undertaken to implement water and sewer usage billing, provided that such charges are first disclosed to lessees prior to the commencement of a lease.
An owner or operator may hire a third-party billing provider to carry out water and sewer usage billing services under the act.
A public utility shall not interrupt or stop water or sewer service if an owner or operator or a third-party billing provider fails to make a payment for water or sewer services after a lessee has made a payment for the services.
An owner or operator or a third-party billing provider may charge and collect from lessees reasonable fees for costs incurred related to the water and sewer usage billing and a late payment fee to be deemed as rent.
An owner or operator or a third-party billing provider charged lessees separately for their use of water and sewer services shall not constitute the sale or resale of water and sewer.
JULIA SHEVELEVA