Minnesota 2023-2024 Regular Session

Minnesota House Bill HF156 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		1.1 A bill for an act
2	2		1.2 relating to housing; manufactured homes; amending provisions related to utility
3	3		1.3 billing practices in manufactured home parks; amending Minnesota Statutes 2022,
4	4		1.4 sections 103G.291, subdivision 4; 327C.015, subdivision 17, by adding
5	5		1.5 subdivisions; 327C.04, subdivisions 1, 2, by adding subdivisions; repealing
6	6		1.6 Minnesota Statutes 2022, section 327C.04, subdivision 4.
7	7		1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
8	8		1.8 Section 1. Minnesota Statutes 2022, section 103G.291, subdivision 4, is amended to read:
9	9		1.9 Subd. 4.Demand reduction measures.(a) For the purposes of this section, "demand
10	10		1.10reduction measures" means measures that reduce water demand, water losses, peak water
11	11		1.11demands, and nonessential water uses. Demand reduction measures must include a
12	12		1.12conservation rate structure, or a uniform rate structure with a conservation program that
13	13		1.13achieves demand reduction. A "conservation rate structure" means a rate structure that
14	14		1.14encourages conservation and may include increasing block rates, seasonal rates, time of use
15	15		1.15rates, individualized goal rates, or excess use rates. If a conservation rate is applied to
16	16		1.16multifamily dwellings or a manufactured home park, as defined in section 327C.015,
17	17		1.17subdivision 8, the rate structure must consider each residential unit as an individual user.
18	18		1.18 (b) To encourage conservation, a public water supplier serving more than 1,000 people
19	19		1.19must implement demand reduction measures by January 1, 2015.
20	20		1.20 EFFECTIVE DATE.This section is effective August 1, 2024, and applies to a billing
21	21		1.21period that begins on or after that date.
22	22		1Section 1.
23		-	REVISOR MS H0156-3HF156 THIRD ENGROSSMENT
24		-	State of Minnesota
	23	+	REVISOR MS H0156-2HF156 SECOND ENGROSSMENT
	24	+	70
	25	+	Printed
	26	+	Page No.State of Minnesota
25	27		This Document can be made available
26	28		in alternative formats upon request
27	29		HOUSE OF REPRESENTATIVES
28	30		H. F. No. 156
29	31		NINETY-THIRD SESSION
30	32		Authored by Feist, Norris and Pursell01/09/2023
31	33		The bill was read for the first time and referred to the Committee on Housing Finance and Policy
32	34		Adoption of Report: Amended and re-referred to the Committee on Commerce Finance and Policy02/13/2023
33	35		Adoption of Report: Placed on the General Register as Amended02/27/2023
34		-	Read for the Second Time
35		-	Calendar for the Day, Amended03/20/2023
36		-	Read Third Time as Amended
37		-	Passed by the House as Amended and transmitted to the Senate to include Floor Amendments 2.1 Sec. 2. Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
	36	+	Read for the Second Time 2.1 Sec. 2. Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
38	37		2.2to read:
39		-	2.3 Subd. 3a.Commodity rate."Commodity rate" means the per unit price for utility service
	38	+	2.3 Subd. 3a.Commodity rate."Commodity rate" means the per-unit price for utility service
40	39		2.4that varies directly with the volume of a resident's consumption of utility service and that
41	40		2.5is established or approved by the Minnesota Public Utilities Commission or a municipal
42	41		2.6public utilities commission, an electric cooperative association, or a municipality and charged
43	42		2.7to a user of the service.
44	43		2.8 EFFECTIVE DATE.This section is effective the day following final enactment.
45	44		2.9 Sec. 3. Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
46	45		2.10to read:
47	46		2.11 Subd. 11a.Public utility."Public utility" has the meaning given in section 216B.02,
48	47		2.12subdivision 4.
49	48		2.13 EFFECTIVE DATE.This section is effective the day following final enactment.
50	49		2.14 Sec. 4. Minnesota Statutes 2022, section 327C.015, subdivision 17, is amended to read:
51	50		2.15 Subd. 17.Substantial modification."Substantial modification" means any change in
52	51		2.16a rule which: (a) significantly diminishes or eliminates any material obligation of the park
53	52		2.17owner; (b) significantly diminishes or eliminates any material right, privilege or freedom
54	53		2.18of action of a resident; or (c) involves a significant new expense for a resident. The
55		-	2.19installation of water ~~and sewer~~ meters and the subsequent metering of and billing for water
56		-	2.~~20and sewer service is not~~ a substantial modification of the lease, provided the park owner
57		-	2.~~21complies with section 327C~~.04, subdivision 6.
	54	+	2.19installation of water meters and the subsequent metering of and billing for water service is
	55	+	2.20not a substantial modification of the lease, provided the park owner complies with section
	56	+	2.21327C.04, subdivision 6.
58	57		2.22 EFFECTIVE DATE.This section is effective for meter installations initiated on or
59	58		2.23after August 1, 2023.
60	59		2.24 Sec. 5. Minnesota Statutes 2022, section 327C.015, is amended by adding a subdivision
61	60		2.25to read:
62	61		2.26 Subd. 17a.Utility provider."Utility provider" means a public utility, an electric
63	62		2.27cooperative association, or a municipal utility.
64	63		2.28 EFFECTIVE DATE.This section is effective the day following final enactment.
65	64		2Sec. 5.
66		-	REVISOR MS H0156-3HF156 ~~THIRD~~ ENGROSSMENT 3.1 Sec. 6. Minnesota Statutes 2022, section 327C.04, subdivision 1, is amended to read:
	65	+	REVISOR MS H0156-2HF156 SECOND ENGROSSMENT 3.1 Sec. 6. Minnesota Statutes 2022, section 327C.04, subdivision 1, is amended to read:
67	66		3.2 Subdivision 1.Billing permitted.A park owner who either provides utility service
68	67		3.3directly to residents or who redistributes to residents utility service provided to the park
69	68		3.4owner by a utility provider may charge the residents for that service, only if the charges
70	69		3.5comply with this section.
71	70		3.6 EFFECTIVE DATE.This section is effective the day following final enactment.
72	71		3.7 Sec. 7. Minnesota Statutes 2022, section 327C.04, subdivision 2, is amended to read:
73	72		3.8 Subd. 2.Metering required.A park owner who charges residents for a utility service
74	73		3.9must charge each household the same amount, unless the park owner has installed measuring
75	74		3.10devices which accurately meter each household's use of the utility. Utility measuring devices
76	75		3.11installed by the park owner must be installed or repaired only by a licensed plumber, licensed
77	76		3.12electrician, or licensed manufactured home installer.
78	77		3.13 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to meters
79	78		3.14installed or repaired on or after that date.
80	79		3.15 Sec. 8. Minnesota Statutes 2022, section 327C.04, is amended by adding a subdivision to
81	80		3.16read:
82	81		3.17 Subd. 5.Utility charge for metered service.(a) A park owner who redistributes utility
83	82		3.18service may not charge a resident a commodity rate that exceeds the commodity rate at
84	83		3.19which the park owner purchases utility service from a utility provider. Before billing residents
85	84		3.20for redistributed utility service, a park owner must deduct utility service used exclusively
86	85		3.21or primarily for the park owner's purposes.
87	86		3.22 (b) If a utility bill that a park owner receives from a utility provider separates from
88	87		3.23variable consumption charges a fixed service or meter charge or fee, taxes, surcharges, or
89	88		3.24other miscellaneous charges, the park owner must deduct the park owner's pro rata share
90	89		3.25of these separately itemized charges and apportion the remaining fixed portion of the bill
91	90		3.26equally among residents based on the total number of occupied units in the park.
92	91		3.27 (c) A park owner may not charge to or collect from residents any administrative, capital,
93	92		3.28or other expenses associated with the distribution of utility services, including but not limited
94	93		3.29to disconnection, reconnection, and late payment fees.
95	94		3.30 EFFECTIVE DATE.This section is effective July 1, 2023.
96	95		3Sec. 8.
97		-	REVISOR MS H0156-3HF156 ~~THIRD~~ ENGROSSMENT 4.1 Sec. 9. Minnesota Statutes 2022, section 327C.04, is amended by adding a subdivision to
	96	+	REVISOR MS H0156-2HF156 SECOND ENGROSSMENT 4.1 Sec. 9. Minnesota Statutes 2022, section 327C.04, is amended by adding a subdivision to
98	97		4.2read:
99	98		4.3 Subd. 6.Rent increases following the installation of water meters.A park owner may
100	99		4.4not increase lot rents for 13 months following the commencement of utility bills for a resident
101		-	4.5whose lease included water and sewer service. In each of the three months prior to
102		-	4.6commencement of utility billing, a park owner must provide the resident with a sample bill
103		-	4.7for water and sewer service.
104		-	4.8 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to meter
105		-	4.9installations initiated on or after that date.
106		-	4.10 Sec. 10. REPEALER.
107		-	4.11 Minnesota Statutes 2022, section 327C.04, subdivision 4, is repealed.
108		-	4.12 EFFECTIVE DATE.This section is effective July 1, 2023.
	100	+	4.5whose lease included water service. In each of the three months prior to commencement of
	101	+	4.6utility billing, a park owner must provide the resident with a sample bill for water service.
	102	+	4.7 EFFECTIVE DATE.This section is effective August 1, 2023, and applies to meter
	103	+	4.8installations initiated on or after that date.
	104	+	4.9 Sec. 10. REPEALER.
	105	+	4.10 Minnesota Statutes 2022, section 327C.04, subdivision 4, is repealed.
	106	+	4.11 EFFECTIVE DATE.This section is effective July 1, 2023.
109	107		4Sec. 10.
110		-	REVISOR MS H0156-3HF156 ~~THIRD~~ ENGROSSMENT 327C.04 UTILITY CHARGES.
	108	+	REVISOR MS H0156-2HF156 SECOND ENGROSSMENT 327C.04 UTILITY CHARGES.
111	109		Subd. 4.Electricity.If a park owner provides electricity to residents by reselling electricity
112	110		purchased from a public or municipal utility or electrical cooperative, and compliance with
113	111		subdivision 3 would cause the park owner to lose money on the sale of electricity, the park owner
114	112		may bill residents at a rate calculated to allow the park owner to avoid losing money on the sale of
115	113		electricity. In calculating the cost of providing electricity, the park owner may consider only the
116	114		actual amount billed by the public utility or electrical cooperative to the park owner for electricity
117	115		furnished to residents. The park owner may not consider administrative, capital or other expenses.
118	116		1R
119	117		APPENDIX
120		-	Repealed Minnesota Statutes: H0156-3
	118	+	Repealed Minnesota Statutes: H0156-2