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HOUSE BILL No. 1527

Citations Affected: IC 8-1-10.1.

Synopsis: Utility bills for tenant occupied property. Provides that if at any time before or after an electric, a natural gas, or a sewer utility (utility) establishes utility service for tenant occupied real property, either the property owner or the tenant submits to the utility a: (1) written notice; or (2) rental agreement, lease, or contract; that identifies the tenant and indicates that the tenant is responsible for paying utility fees for the property, the utility shall establish or continue utility service to the property in the name of the tenant and shall ensure that the utility's account or other customer or billing records for the property are in the name of the tenant. Provides that a water utility shall provide written notice to the owner of tenant occupied real property if any of the following occur: (1) Water service is terminated by the water utility for nonpayment of water fees. (2) Water fees assessed for the property are more than 60 days delinquent. (3) Water fees assessed for the property remain unpaid and either: (A) the tenant has requested the termination of water service to the property; or (B) the water utility has information that the property has been abandoned by, or is no longer occupied by, the tenant who occupied the property at the time the outstanding fees were assessed.

Effective: July 1, 2013.

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Kersey

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    January 22, 2013, read first time and referred to Committee on Utilities and Energy.

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PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2012 Regular Session of the General Assembly.

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    A BILL FOR AN ACT to amend the Indiana Code concerning utilities.

SOURCE: IC 8-1-10.1; (13)IN1527.1.1. -->     SECTION 1. IC 8-1-10.1 IS ADDED TO THE INDIANA CODE AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2013]:
     Chapter 10.1. Utility Billing Practices for Tenant Occupied Property
    Sec. 1. (a) As used in this chapter, "utility" means:
        (1) a public utility (as defined in IC 8-1-2-1(a));
        (2) a municipally owned utility (as defined in IC 8-1-2-1(h));
        (3) a cooperatively owned corporation; or
        (4) a nonprofit utility;
that provides utility service in Indiana, regardless of whether the entity described in subdivisions (1) through (4) is under the jurisdiction of the commission.
    (b) The term does not include a water utility.
    Sec. 2. As used in this chapter, "utility fees" means monthly or other periodic charges assessed by a utility for the provision of utility service to a customer.

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    Sec. 3. As used in this chapter, "utility service" means retail:
        (1) electric service;
        (2) natural gas distribution service; or
        (3) sewer service;
provided to the public for a fee.
    Sec. 4. As used in this chapter, "water fees" means monthly or other periodic charges assessed by a water utility for the provision of water service to a customer.
    Sec. 5. As used in this chapter, "water utility" means:
        (1) a public utility (as defined in IC 8-1-2-1(a));
        (2) a municipally owned utility (as defined in IC 8-1-2-1(h));
        (3) a not-for-profit utility (as defined in IC 8-1-2-125(a));
        (4) a cooperatively owned corporation;
        (5) a conservancy district established under IC 14-33; or
        (6) a regional water district established under IC 13-26;
that provides retail water service to the public in Indiana for a fee, regardless of whether the entity described in subdivisions (1) through (6) is under the jurisdiction of the commission.
    Sec. 6. (a) This section applies to real property that is located in Indiana and is:
        (1) occupied by someone other than the owner; and
        (2) individually metered for utility service.
     (b) Subject to any rules or regulations governing the classification of accounts to which a utility is subject, if at any time before or after a utility establishes utility service for real property to which this section applies, either the owner of the property or the person occupying the property submits to the utility:
        (1) written notice that:
            (A) identifies the person occupying the property by name; and
            (B) indicates that the person occupying the property is responsible for paying the utility fees assessed by the utility with respect to the property; or
        (2) a copy of a rental agreement, a lease, or a contract that:
            (A) is executed by the property owner and the person occupying the property;
            (B) identifies the person occupying the property by name; and
            (C) indicates that the person occupying the property is responsible for paying the utility fees assessed by the utility with respect to the property;
the utility shall establish or continue utility service to the property

in the name of the person occupying the property, as identified under subdivision (1)(A) or (2)(B), and shall ensure that the account or other customer or billing records maintained by the utility for the property are in the name of the person occupying the property, subject to any requirement for a deposit to ensure the payment of utility fees, or to any requirement to ensure the creditworthiness of the account holder or customer, that the utility may lawfully impose.
     Sec. 7. (a) This section applies to real property that:
        (1) is located in Indiana;
        (2) is individually metered for water service provided by a water utility; and
        (3) is occupied by someone other than the owner, as indicated by:
            (A) the account or other customer or billing records maintained by a water utility for property; or
            (B) the property records of the county where the property is located.
    (b) Subject to subsection (c), a water utility shall provide written notice to the owner of real property to which this section applies if any of the following occur:
        (1) Water service is terminated by the water utility for nonpayment of water fees owed by the person occupying the property.
        (2) Water fees assessed by the water utility with respect to the property are more than sixty (60) days delinquent.
        (3) Water fees assessed by the water utility with respect to the property, including any penalties, remain unpaid and either:
            (A) the person occupying the property has requested the termination of water service to the property; or
            (B) the water utility has information or other evidence that the property has been abandoned by, or is no longer occupied by, the person occupying the property at the time the outstanding water fees were assessed.
A notice required by this subsection shall be sent by certified mail, return receipt requested, or an equivalent service permitted under IC 1-1-7-1 to any mailing address provided by the property owner for receipt of such notice or, if no mailing address is provided by the owner, to the last address of the owner as indicated at the time of the notice in the property records of the county where the property is located. If no mailing address is provided by the owner and if the property records in the county where the property is

located indicate there is more than one (1) owner of record for the property, notice under this subsection shall be sent to at least (1) of the owners of record at the last address of the owner as indicated in the county property records at the time of the notice.
    (c) Written notice under subsection (b) must state:
        (1) the amount of the outstanding water fees, including any penalties and interest, owed with respect to the property; and
        (2) the number of days the water fees are past due.