new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section and sections 216B.023
and 216B.024, the following terms have the meanings given.
new text end

new text begin (b) "Landlord" has the meaning given in section 504B.001, subdivision 7. Landlord
includes a third-party billing agent.
new text end

new text begin (c) "Nonresidential building" means a building that is not a residential building.
new text end

new text begin (d) "Shared-metered residential building" means a residential building with multiple
separate living units where the building's utility service is measured by fewer meters than
there are separate living units. Shared-metered residential building does not include a
manufactured home park.
new text end

new text begin (e) "Submeter" means a meter that is owned by a landlord and installed by the landlord
or by a third-party billing agent or other agent and that measures utility service consumed
solely within an individual living unit in the shared-metered residential building.
new text end

new text begin (f) "Tenant" means a person who is occupying a living unit in a residential building
under a lease or contract, whether oral or written, that requires the payment of money or
exchange of services, and all other regular occupants of that unit.
new text end

new text begin (g) "Third-party billing agent" means a person or entity other than the property owner
that performs one or more utility management services at a shared-metered residential
building on behalf of a landlord that include but are not limited to installing submeters,
reading submeters, or handling utility billing and collections.
new text end

new text begin (h) "Utility provider" means a public utility, a municipal utility, or a cooperative electric
association providing utility service.
new text end

new text begin (i) "Utility service" means natural gas and electricity.
new text end

new text begin Subd. 2. new text end

new text begin Submetering in shared-metered residential buildings. new text end

new text begin (a) A landlord who
has installed submeters in a shared-metered residential building is subject to the commission's
authority under this chapter.
new text end

new text begin (b) On or after January 1, 2025, all submeters installed by a landlord to measure utility
service must meet standards established by the American National Standards Institute.
new text end

new text begin (c) All submeters, regardless of when they were installed, must accurately measure utility
service.
new text end

new text begin Subd. 3. new text end

new text begin Submetering in nonresidential buildings. new text end

Nothing in this chapter grants the
commission or a public utility the authority to limit the availability of submetering to a
new text begin nonresidential new text end building occupant when the building is served by a public utility's master
meter which measures the total electric energy delivered to the building.

new text begin Subd. 4. new text end

new text begin Inaccurate submeters. new text end

new text begin (a) If a tenant notifies the landlord in writing that the
tenant suspects the submeter is incorrectly registering the tenant's utility service and includes
an explanation for the suspicion, the landlord must promptly initiate an investigation to
determine whether the submeter is inaccurate. If the submeter is found to be inaccurate, the
landlord must either repair or replace the submeter or inform the tenant in writing why no
corrective action is believed necessary.
new text end

new text begin (b) If the inaccurate submeter has resulted in an overcharge, the landlord must promptly
refund the difference between what the tenant paid and what the tenant would have paid if
the submeter correctly registered the tenant's utility service.
new text end

new text begin (c) If the inaccurate submeter has resulted in an undercharge, the landlord may bill the
tenant the difference between what the tenant paid and what the tenant would have paid if
the submeter correctly registered the tenant's utility service for a period not exceeding the
previous six months. Any undercharge the landlord seeks to collect must be recovered in
accordance with section 216B.023, subdivision 8.
new text end

new text begin (d) If a tenant has notified the landlord that the tenant suspects the tenant's submeter is
incorrectly registering the tenant's utility service, as provided in paragraph (a), and the
landlord has failed within a reasonable time to check the submeter and provide the tenant
with the results of a meter test showing the submeter is accurate, the landlord is prohibited
from recovering from the tenant any undercharge for the period between the date of the
tenant's notification and the date the submeter was checked.
new text end

new text begin Subd. 5. new text end

new text begin Submeter fees. new text end

new text begin A landlord is prohibited from charging to or collecting from
tenants any administrative, capital, or any other expenses associated with the installation,
maintenance, repair, replacement, or reading of submeters, unless the expense is due to the
tenant's willful, malicious, or negligent conduct.
new text end