PRINTER'S NO. 1365
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
971
Session of
2017
INTRODUCED BY McGARRIGLE, DECEMBER 6, 2017
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE,
DECEMBER 6, 2017
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. Sections 1529.1 and 1530 of Title 66 of the
Pennsylvania Consolidated Statutes are amended to read:
§ 1529.1. [Duty] Foreign load and duty of owners of rental
property.
(a) Notice to public utility.--It is the duty of every owner
of a residential building or mobile home park which contains one
or more dwelling units, not individually metered, to notify each
public utility from whom utility service is received of their
ownership and the fact that the premises served are used for
rental purposes.
(b) History of account.--Upon receipt of the notice provided
in this section, if the mobile home park or residential building
contains one or more dwelling units not individually metered, an
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affected public utility shall forthwith list the account for the
premises in question in the name of the owner, and the owner
shall thereafter be responsible for the payment for the utility
services rendered thereunto. An owner shall only be responsible
for the payment for utility services rendered after the account
is listed in the owner's name. In the case of individually
metered dwelling units, unless notified to the contrary by the
tenant or an authorized representative, an affected public
utility shall list the account for the premises in question in
the name of the owner, and the owner shall be responsible for
the payment for utility services to the premises.
(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.
(d) Agreement.--
(1) Notwithstanding any other law, regulation or order
of the commission to the contrary, the owner of a residential
building, containing more than one but not exceeding six
dwelling units, or mobile home park, containing up to 70
individual units, not individually metered, and a tenant may
agree, as permitted by section 506-A of the act of April 6,
1951 (P.L.69, No.20), known as The Landlord and Tenant Act of
1951, that the tenant will be responsible for usage
registering on the tenant's utility account that is
attributable to foreign load.
(2) If an owner and tenant have a lease or contract
under which the tenant is responsible for usage as described
in paragraph (1):
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(i) The owner shall notify an affected public
utility of the agreement and request that in the event of
termination of service for nonpayment by the tenant or
discontinuance of the tenant's account for any reason,
the account shall be placed in the owner's name to ensure
continued service to and operability of the uses causing
the foreign load. If notice is provided as required by
this section, a utility may not list an account in an
owner's name on the sole basis that foreign load is
present.
(ii) If an account is transferred into an owner's
name under this subsection, any balance on the account,
at the time of transfer, shall remain the tenant's
responsibility. An owner shall only be responsible for
charges accruing from the date of transfer.
(3) For purposes of this subsection, "foreign load"
means utility usage on an account in the name of a tenant
that is not exclusive to that tenant's unit and limited to
the following:
(i) Outside lighting provided by the landlord and
used by one or more tenants to safely enter and exit a
residential building or mobile home park.
(ii) Hallway and stairway lighting inside a
residential building used by one or more tenants to
safely navigate a residential building.
(iii) A well pump or septic pump used to provide
safe, sanitary water or sewer service to a residential
building to one or more tenants.
(iv) A washing machine or clothes dryer located in a
common area and used by one or more tenants.
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(v) An electric outlet located in a hallway or other
common area.
(vi) Any other device, appliance or usage agreed to
by the tenant and property owner under this subsection.
§ 1530. Waiver of subchapter prohibited.
[Any] Except as provided by section 1529.1 (relating to
foreign load and duty of owners of rental property), any waiver
of a tenant's rights under this subchapter shall be void and
unenforceable.
Section 2. This act shall take effect in 60 days.
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