UTILITY BILLING BY LESSORS.

View NCGA Bill Details2017-2018 Session
House Bill 799 (Public) Filed Tuesday, April 11, 2017
AN ACT TO ALLOW FOR LANDLORDS TO CHARGE INDIVIDUAL TENANTS FOR SHARED COST OF NATURAL GAS SERVICE PROVIDED TO LEASED PREMISES.
Intro. by Bradford.

Status: Ch. SL 2017-172 (House Action) (Jul 21 2017)
H 799/S.L. 2017-172

Bill Summaries:

  • Summary date: Jul 25 2017 - More information

    AN ACT TO ALLOW FOR LANDLORDS TO CHARGE INDIVIDUAL TENANTS FOR SHARED COST OF NATURAL GAS SERVICE PROVIDED TO LEASED PREMISES. Enacted July 21, 2017. Effective July 21, 2017.


  • Summary date: May 24 2017 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Makes a technical change to amendments to GS 42-42.1 (Water and electricity conservation) to reflect the text of the statute as amended by SL 2017-10.

    Makes technical changes to amendments to GS 62-110 (Certificate of convenience and necessity) to reflect the text of the statute as amended by SL 2017-10, which passed portions of the amendments proposed in the 2nd edition.

    Amends GS 62-110, as amended by SL 2017-10. Amends the current requirement that the Utilities Commission develop an application that lessors must submit for authority to charge for water or sewer services at multiple locations, requiring the application to apply to single-family dwellings (currently, single-family homes), subject to an approval by the Commission (currently, subject to single Commission approval). Amends the required contents of the form.

    Makes the act effective when it becomes law (was, October 1, 2017).


  • Summary date: Apr 26 2017 - More information

    House committee substitute makes the following changes to the 1st edition:

    Amends GS 42-42.1 (Water and electricity conservation) to clarify that gas service refers to natural gas service, and changes terminology in the statute, replacing "landlord" with "lessor"and "tenant" with "lessee." Applies the prohibition in subsection (b) on disconnecting service to natural gas service.


  • Summary date: Apr 12 2017 - More information

    Amends GS 42-42.1 to authorize landlords to charge for the cost of providing natural gas service pursuant to GS 62-110(i), as enacted by this act. Makes conforming and technical changes.

    Amends GS 62-110 (Certificate of convenience and necessity), as follows.

    Modifies subsection (g), which authorizes the NC Utilities Commission (Commission) to adopt procedures that allow a lessor to charge for the costs of providing water and sewer service to persons who occupy the leased premises. Make clarifying changes to the subsection to refer to the leased premises instead of the contiguous premises, and to refer to the lessee instead of the tenant. Also clarifies that the subsection applies to leased premises that are contiguous dwelling units. Modifies the directive in subdivision (3) to now require the Commission to adopt rules to implement subsection (g) (currently, requires the Commission to also adopt rules to define contiguous premises). Adds new subdivision (4a), requiring the Commission to develop an application that lessors must submit for authority to charge for water or sewer service at single-family dwellings that allows the applicant to serve multiple dwellings in the State, subject to approval by the Commission. Details information that must be included in the form, including a description of the proposed billing method and billing statements.

    Amends subsection (h) to now provide that the Commission can, consistent with the public interest, adopt procedures that allow a lessor of a single-family dwelling, residential building, or multiunit apartment complex that has individually metered units for electric service in the lessor's name to charge for the actual costs of providing electric service to each lessee (currently, adopt procedures that allow a lessor of a residential building or complex that has individually metered units for electric service in the lessor's name to charge for the actual costs of providing electric service to each tenant when the lessor has a separate lease for each bedroom in the unit). Makes conforming changes throughout the subsection to refer to the lessee instead of the tenant, and to the leased premises instead of the unit/building/complex. Amends subdivision (4), which lists the information that bills for electric service sent by the lessor to the lessee must include, to clarify that the bill is required to contain the bill charged by the electric supplier for the units as a whole and the amount of charges allocated to the lessee during the billing period only when the lessor of a residential building or multiunit apartment complex has a separate lease for each bedroom in the unit. Adds new subdivision (7a) to permit an applicant to submit for authority to charge for electric service for more than one property in a single application, with the information relating to all properties covered by the application needing only to be provided once in the application.

    Adds new subsection (i), authorizing the Commission, consistent with public interest, to adopt procedures to allow a lessor of a single-family dwelling, residential building, or multiunit apartment complex that has individually metered units for natural gas service in the lessors's name to charge for the actual costs of providing natural gas service to each lessee. Similar to existing subsections (g) and (h) pertaining to charges for water, sewer, and electricity services, sets out nine provisions that apply to the charges authorized under new subsection (i), as follows.

    Requires the lessor to equally divide the actual amount of the individual natural gas bill for a unit among all the lessees in the unit and send a bill to each lessee. Requires the amount charged to be prorated when a lessee has not leased the unit for the same number of days as the other lessees in the unit during the billing period. Provides that each bill can include an administrative fee up to the amount of the then‑current administrative fee authorized by the Commission in Rule 18‑6 for water service and, when applicable, a late fee in an amount determined by the Commission. Prohibits the lessor from charging the cost of natural gas service from any other unit or common area in a lessee's bill. Allows the lessor to, at the lessor's option, pay any portion of any bill sent to a lessee.

    Provides that a lessor who charges for natural gas service under new subsection (i) is solely responsible for the prompt payment of all bills rendered by the natural gas utility providing service to the leased premises, and is the customer of the natural gas utility subject to all rules, regulations, tariffs, riders, and service regulations associated with the provision of natural gas service to retail customers of the utility.

    Directs the lessor to maintain records for a minimum of 36 months that demonstrate each lessee's allocated costs were calculated for natural gas service. Provides for a lessee's inspection of the records during reasonable business hours, and provides that the lessee can obtain copies of the records for a reasonable copying fee. Details information that bills for natural gas service sent by the lessor to the lessee are required to contain, including the usage period, the past-due date that cannot be less than 25 days after the bill is mailed to the lessee, and a local or toll-free phone number and address that the lessee can use to obtain more information about the bill. 

    Directs the Commission to develop an application that lessors must submit for Commission approval to charge for natural gas service as provided in new subsection (i). Details the information that must be included in the form, including a description of the proposed billing method and billing statements. 

    Directs the Commission to approve or disapprove an application within 60 days of the filing of a completed application with the Commission. Provides that the application is deemed approved if the Commission has not issued a timely order disapproving a completed application.

    Establishes that a lessor who charges for natural gas service is not required to file annual reports pursuant to GS 62-36.

    Permits an applicant to submit for authority to charge for natural gas for more than one property in a single application, with the information relating to all properties covered by the application needing only to be provided once in the application.

    Directs the Commission to adopt rules to implement the provisions of new subsection (i).

    Effective October 1, 2017.


Printer-friendly: Click to view