PRINTER'S NO. 2513
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1686
Session of
2015
INTRODUCED BY MOUL, MILLARD, SCHWEYER, SCHEMEL, PETRI, GODSHALL,
O'NEILL, M. K. KELLER, METZGAR, BLOOM, TALLMAN, WARD, TRUITT,
A. HARRIS, KAUFFMAN AND WARNER, NOVEMBER 12, 2015
REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, NOVEMBER 12, 2015
AN ACT
Amending Title 66 (Public Utilities) of the Pennsylvania
Consolidated Statutes, in service and facilities, further
providing for duty of owners of rental property and for
waiver of subchapter prohibited.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1529.1(c) of Title 66 of the Pennsylvania
Consolidated Statutes is amended and the section is amended by
adding subsections to read:
§ 1529.1. Duty of owners of rental property.
* * *
(c) Failure to give notice.--Any owner of a residential
building or mobile home park failing to notify affected public
utilities as required by this section shall [nonetheless] be
responsible for payment of the utility services [as if the
required notice had been given] in an amount equal to the
average usage registered by the foreign load during the time the
account was in the tenant's name.
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(d) De minimis foreign load.--The provisions of this section
may be waived for de minimis foreign load under the following
circumstances:
(1) The foreign load registering on a utility meter for
an account in the tenant's name is for one of the following
appliances:
(i) Outside lighting provided by the property owner
and used by a tenant to safely enter and exit the
property at night.
(ii) Hallway lighting or lighting in other common
areas of the property used directly by a tenant to safely
navigate the property.
(iii) A septic pump, sump pump or other device whose
use directly benefits the tenant by preserving the
property in a safe and sanitary condition.
(iv) Any other device, appliance or usage agreed to
by the tenant and property owner pursuant to paragraph
(2).
(2) A tenant has agreed to be responsible for the
metered usage resulting from de minimis foreign load in
exchange for a rent reduction comparable to the amount of
foreign load registering on the meter. A lease or contract
clause requiring a tenant to be responsible for usage
resulting from de minimis foreign load must be signed by the
tenant and the property owner, notwithstanding any signatures
required elsewhere in the lease or contract.
(e) Definition.--For purposes of this section, "foreign
load" shall mean utility service usage that is:
(1) registered by a tenant's meter in a residential
building or mobile home park containing one or more dwelling
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units; and
(2) used by another tenant or common area of the
residential building or mobile home park.
Section 2. Section 1530 of Title 66 is amended to read:
§ 1530. Waiver of subchapter prohibited.
[Any] Except as provided under section 1529.1(d)(2) (relating
to duty of owners of rental property), any waiver of a tenant's
rights under this subchapter shall be void and unenforceable.
Section 3. This act shall take effect in 60 days.
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