in-20231220-IR-170230776FNA: SUB-BILLING OF WATER AND WASTEWATER SERVICE

Notice of First Public Comment Period LSA Document #23-776 Sec. 0.5. (a) A landlord and an association may only sub-bill water or sewage disposal service under this article. (b) Under IC 8-1-2-1.2(k), a landlord or an association that sub-bills is not a public utility if the landlord or association complies with: (c) This article does not apply to the following: Sec. 1. The definitions in IC 8-1-2-1, IC 8-1-2-1.2, and this rule apply throughout this article. Sec. 1.5. "Association" has the meaning as set forth in IC 8-1-2-1.2(a). Sec. 1.6. "Co-owner" has the meaning as set forth in IC 32-25-2-11. Sec. 2. "Dwelling unit" means a room or rooms suitable for residential occupancy containing water or sewage disposal service plumbing, or a mobile home park lot or similar multi-user installation, excluding hotels, motels, or other similar transient lodging. has the meaning as set forth in IC 8-1-2-1.2(f). Sec. 3. "Initial set-up fee" means the fee: Sec. 4. (a) "Insufficient funds fee" means the fee: (b) An insufficient funds fee shall not exceed the actual fee assessed to the a landlord or an association by a financial institution resulting from insufficient funds of an instrument received from the: a: Sec. 5. "Landlord" means the owner of a dwelling unit that is rented or leased to an individual, or a person acting on a landlord's behalf. has the meaning as set forth in IC 8-1-2-1.2(h). Sec. 6. (a) For water service, "Landlord's usage" means any water and sewage disposal service consumed or utilized by the landlord for: (b) For sewage disposal service, "landlord's usage" means any sewage disposal service resulting from the landlord for personal use, business use, any sewage disposal service resulting from common areas, including, but not limited to, a club house, laundry facility, bath house, swimming pool, hot tub, or community restrooms or any other common purpose. Sec. 7. "Master meter" means the use of a meter device to measure, for billing purposes, the amount of water consumed by: Sec. 7.1. "Member" has the meaning as set forth in IC 8-1-2-1.2(i). Sec. 8. "Sub-bill" means: Sec. 9. "Sub-meter" means refers to the use of a meter device to measure the amount of water consumed within an individual dwelling unit for the purpose of sub-billing. The term also refers to the meter used to measure the amount of water provided to individual dwelling units. Sec. 10. "Tenant" means any occupant of a person who rents or leases a dwelling unit that is provided water or sewage disposal service distributed by from a landlord. Sec. 11. "Total net charge" For water or sewage disposal service, "total net charge" means the charge the sewage disposal service a water or sewer utility imposes on the a landlord or an association for water or sewage disposal service for a given billing period inclusive of applicable taxes but exclusive of late fees and other incidental or extraordinary fees and charges. Sec. 13. "Water or sewer utility" means the public or municipally owned utility that provides water or sewage disposal service to the landlord for distribution to dwelling unit. has the meaning as set forth in IC 8-1-2-1.2(j). Sec. 0.5. (a) A landlord or an association that sub-bills shall meet the following requirements: (b) Sub-bills may charge for only the following maximum allowable amounts: Sec. 1. The (a) A landlord or an association that sub-bills shall: (b) The A landlord or an association may charge a tenant, member, or co-owner a nominal fee to recover the cost of copying records. Sec. 2. (a) A tenant's sub-bill shall be calculated in A landlord or an association calculates the water and sewage service usage portion of a sub-bill using one (1) of the following manner methods: (b) A landlord may not charge a tenant for any water or sewage disposal service reasonably attributed to the landlord's usage. (c) In addition to the charges in subsection (a), a landlord may charge a tenant only the fees permitted by IC 8-1-2-1.2. (d) A landlord satisfies the provisions in subsections (a) through (c) and the provisions of IC 8-1-2-1.2 if the landlord charges a flat rental fee, assessed at regular intervals, such as monthly or annually, that includes water and sewage disposal service, provided the following: (b) A landlord or an association may calculate sub-bills using a method other than those specified in subsection (a) if the calculation: (c) In no event shall a landlord or an association issue sub-bills that total more for the usage portion of the water or sewage disposal service than the landlord or association paid for the same water or sewage disposal service. (e) (d) Nothing herein should in this section may be construed to eliminate or diminish any a contractual right a tenant, may have member, or co-owner has with respect to the provision of water or sewage disposal service. Sec. 3. (a) The landlord shall: (a) Sub-bills may contain other permissible charges on the same bill if the sub-billing information is separately itemized and visually distinct from unrelated charges. (b) The landlord sub-bills tenant separately from rent. (c) (b) Sub-bills that are rendered to the tenant shall must show at least the following information: Sec. 4. A landlord shall provide written notice to tenants pursuant to the disclosure requirements in IC 8-1-2-1.2(b)(3). and an association may collect unpaid sub-bills through the same method otherwise allowed under applicable law to collect unpaid rent or association dues or fees. Sec. 5. (a) A landlord or an association adjusts billing errors that are in a tenant's, member's, or co-owner's favor to the known date of error or for a period of one (1) year, whichever period is shorter. Adjustments are made within ninety (90) days of knowledge of the error, and use one (1) of the following methods: (b) A landlord or an association may adjust billing errors that are in its favor back to the known date of error or for a period of one (1) year, whichever is shorter, by including the adjustment in its next sub-bill. Sec. 1. (a) Regardless of whether a tenant, member, or co-owner is a customer as defined in 170 IAC 16-1-2(3), a tenant, member, or co-owner may file a complaint against the a landlord with the commission's consumer affairs division under IC 8-1-2-34.5 for violations of this rule or an association by following the commission's informal complaint procedures found at 170 IAC 1-1.1-5 in 170 IAC 16. (b) For purposes of this article, when a complaint is made under 170 IAC 16, "utility", as defined in 170 IAC 16-1-2(4), refers to a landlord or an association. Sec. 2. Upon the receipt of a complaint that a landlord may be acting as a public utility in violation of IC 8-1-2-1.2, the commission shall require the complainant to provide the factual basis for the complaint and the commission shall require from a tenant, member, or co-owner under 170 IAC 16, and when the commission's consumer affairs division receives the complaint and provides it to the landlord or association, the landlord or the landlord's agent to provide association provides the complainant and the commission commission's consumer affairs division with sufficient information to investigate the complaint, including, but not limited to, the following: information: Sec. 3. (a) If, after review, of the information provided under this rule, the commission's consumer affairs division determines that the landlord has failed to comply with the requirements of IC 8-1-2-1.2 or this rule, the commission shall require the landlord to refund any overcharges to the known date of error or for a period of one (1) year, whichever is less, and adjust its sub-billing practices prospectively consumer affairs division and the commission may require one (1) or more of the following remedies: (b) A landlord or an association is regulated as a public utility under IC 8-1-2 if: (c) A public utility is required to file its rates and charges under IC 8-1-2-38 and obtain commission approval of any changes to its rates and charges under IC 8-1-2-44 or the rates and charges are considered unlawful under IC 8-1-2-44 and cannot be assessed on the landlord's tenants or the association's members or co-owners. A landlord or an association may recommence sub-billing under this article if it corrects any deficiency under this subsection or receives a determination from the consumer affairs division permitting sub-billing under this article.