HB 2069 — Concerning a property owner's or tenant's liability for delinquent and unpaid utility service charges.

H-1787.1SUBSTITUTEH-1699.1HOUSE HOUSE BILL 2069State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Civil Rights & Judiciary (originally sponsored by Representatives Dufault, Springer, Santos, Dent, Reeves, DeBolt, Kirby, Harris, Walen, Caldier, Jinkins, Steele, Pollet, Paul, Barkis, Irwin, Lovick, Eslick, Van Werven, Walsh, Fey, Frame, Callan, Shewmake, Valdez, Peterson, Senn, and Leavitt)READLeavittRead FIRSTfirst TIMEtime 02/19/19.AN02/15/19.Referred to Committee on Civil Rights & Judiciary.AN ACT Relating to a property owner's or tenant's liability for delinquent and unpaid utility service charges;

amending RCW 35.21.217, 60.80.010, 60.80.020, and 35.21.290;60.80.020;

and repealing RCW 35.21.217.BE35.21.290 and 35A.21.100.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEWWASHINGTON:Sec. SECTION.  Sec.

ARCW new35.21.217 sectionand is2011 addedc to151 chapters 35.215 RCWare each amended to read as follows:(1) Prior to furnishing utility services, a city or town may require a deposit to guarantee payment for services.

However, failure to require a deposit does not affect the validity of any lien authorized by RCW ((35.21.290 or)) 35.67.200.

A city or town may determine how to apply partial payments on past due accounts.(2)(a)accounts.(2) A city or town may provide a real property owner or the owner's designee with duplicates of tenant utility service bills, or may notify an owner or the owner's designee that a tenant's utility account is delinquent.

However, if an owner or the owner's designee notifies the city or town in writing that a property served by the city or town is a residential rental property, asks to be notified of a tenant's delinquency, and has provided, in writing, a complete and accurate mailing address, the city or town shall notify the owner or the owner's designee of a residential tenant's delinquency at the same time and in the same manner the city or town notifies the tenant of the tenant's delinquency or by mail.mail((, and the city or town is prohibited from collecting from the owner or the owner's designee any charges for electric light or power services more than four months past due)).

When a city or town provides a real property owner or the owner's designee with duplicates of residential tenant utility service bills or notice that a tenant's utility account is delinquent, the city or town shall notify the tenant that it is providing the duplicate bills or delinquency notice to the owner or the owner's designee.(b)designee.(((3) WhenAfter August 1, 2010, if a city or town providesfails utilityto servicesnotify the owner of a tenant's delinquency after receiving a written request to someonedo otherso thanand after receiving the ownerother information required by subsection (2) of thethis property,section, the city or town shall have no lien against the premises for the residential tenant's delinquent and unpaid charges and is prohibited from collecting the tenant's delinquent utilityand unpaid charges for electric light or power services from the owner or the owner's designee.designee.(4) When a utility account is in a tenant's name, the owner or the owner's designee shall notify the city or town in writing within fourteen days of the termination of the rental agreement and vacation of the premises.

AIf the owner or the owner's designee fails to provide this notice, a city or town mayproviding electric light or power services is not limited to collecting only collectup paymentsto forfour pastmonths dueof utilitya tenant's delinquent charges from the owner or the owner's designee, provided that the city or town has complied with the notification requirements of subsection (2) of this section.)) If an occupied multiple residential rental unit receives utility customerservice whosethrough namea issingle listedutility onaccount, if the utility account.(c)account's Whenbilling address is not the same as the service address of a residential rental property, or if the city or town provideshas utilitybeen servicesnotified tothat a newtenant residentialresides tenantat utilitythe customer,service address, the city or town isshall prohibitedmake froma collectinggood delinquentfaith utilityand chargesreasonable connectedeffort to provide written notice to the propertyservice address of pending disconnection of electric power and light or premiseswater fromservice thefor newnonpayment customer.at least seven calendar days prior to disconnection.

AThe newpurpose residentialof tenantthis utilitynotice customeris doesto notprovide includeany aaffected person who lived on the property or premises with the residential tenant utility customer whose name is listed on the delinquent utility account.(3) If an occupiedopportunity multipleto residentialresolve rental unit receives utility service through a single utility account, if the utilitydelinquency account'swith billinghis address is not the same as the service address of a residential rental property, or ifher thelandlord city or town has been notified that a tenant resides at the service address, the city or town shall make a good faith and reasonable effort to providearrange written notice to the service address of pending disconnection of electric power and light or water service for nonpaymentcontinued atservice. least seven calendar days prior to disconnection.

The((If purposerequested, ofa thiscity noticeor istown toshall provide anyelectric affectedpower tenantand anlight opportunityor water services to resolvean affected tenant on the delinquencysame withterms hisand orconditions heras landlordother residential utility customers, without requiring that he or toshe arrangepay delinquent amounts for continuedservices service.(4)billed Indirectly noto casethe mayproperty citiesowner or townsa owningprevious theirtenant ownexcept utility:as otherwise allowed by law and only where the city or town offers the opportunity for the affected tenant to set up a reasonable payment plan for the delinquent amounts legally due.

If a landlord fails to pay for electric power and light or water services, any tenant who requests that the services be placed in his or her name may deduct from the rent due all reasonable charges paid by the tenant to the city or town for such services.

A landlord may not take or threaten to take reprisals or retaliatory action as defined in RCW 59.18.240 against a tenant who deducts from his or her rent payments made to a city or town as provided in this subsection.))NEW SECTION.  Sec.

2.

A new section is added to chapter 35.21 RCW to read as follows:(1) When a city or town provides utility services to someone other than the owner of the property, the city or town is prohibited from collecting delinquent utility charges from the owner or the owner's designee.

A city or town may only collect payments for past due utility charges from the residential utility customer whose name is listed on the utility account.(2) In no case may cities or towns owning their own utility:

2.3.

3.4.

A utility shall refund the overcharge within fourteen business days of the date the utility receives payment for the final billing, unless a county treasurer acts in an ex officio capacity as the treasurer of a utility, in which case the utility shall refund the overcharge within thirty business days of the date the utility receives payment for the final billing.Sec.billing.NEW SECTION.  Sec.

4.

RCW 35.21.290 and 2010 c 135 s 2 are each amended to read as follows:Except as provided in RCW 35.21.217(4) and section 1(4) of this act, cities and towns owning their own waterworks, or electric light or power plants shall have a lien against the premises to which water, electric light, or power services were furnished for four months charges therefor due or to become due, but not for any charges more than four months past due.NEW SECTION.  Sec.

RCWThe 35.21.217following (Utilityacts services—Deposit—Tenants'or delinquencies—Notice—Lien)parts andof 2011acts care 151each srepealed:(1) 5,RCW 35.21.290 (Utility services—Lien for) and 2010 c 135 s 1,2 & 19981965 c 2857 s 135.21.290; are each repealed.--- END ---

and(2) RCW 35A.21.100 (Lien for utility services) and 1967 ex.s.

c 119 s 35A.21.100.--- END ---