Senate File 2311 H-8331 Amend Senate File 2311, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. Page 20, after line 4 by inserting: 3 < Sec. ___. Section 476.56, Code 2018, is amended to read as 4 follows: 5 476.56 Energy costs provided. 6 A gas or electric public utility shall provide, upon the 7 request of a person who states in writing that the person is an 8 owner of real property, or an interested prospective purchaser 9 or renter of the property, which is or has been receiving gas 10 or electric service from the public utility, the annual gas 11 or electric energy costs for the property. A gas or electric 12 public utility and, notwithstanding section 476.1, subsection 13 5, a public utility furnishing water or sewer service, shall 14 comply with the utility service cost disclosure provisions of 15 section 562A.13A with regard to existing or prospective renters 16 of real property. 17 Sec. ___. NEW SECTION . 562A.13A Utility service cost 18 disclosure statements —— penalty. 19 1. In addition to the required disclosure provisions 20 of section 562A.13, the landlord or a person authorized to 21 enter into a rental agreement on behalf of the landlord shall 22 disclose to a prospective tenant in writing at or before the 23 commencement of the tenancy, and to an existing tenant at any 24 point during the tenancy, the gas, electric, water, or sewer 25 utility service costs for a dwelling unit. Utility service 26 costs shall be provided with respect to a dwelling unit for the 27 preceding twelve-month period based upon information obtained 28 at no charge by the landlord or person authorized to enter 29 into the rental agreement from the utility furnishing utility 30 service, pursuant to an energy cost disclosure statement 31 developed pursuant to subsection 2. In the event that 32 utility service has been provided for a period of less than 33 one year, cost information shall be provided for the period 34 beginning when utility service commenced. In the event of new 35 -1- SF2311.4994 (2) 87 gh/rn 1/ 3 #1.
construction, utility service cost information from similar 1 dwelling units in similar properties may be obtained in writing 2 from a utility and supplied to a prospective tenant, or in 3 the alternative, a landlord may obtain a written estimate of 4 anticipated utility service costs from a utility or an energy 5 consultant. 6 2. The office of consumer advocate shall develop the 7 format of an energy cost disclosure statement for utilization 8 by landlords in complying with this section. The format 9 developed shall include space for the disclosure of the 10 annual utility service costs, and shall also include space 11 for a representative list of energy efficiency standards 12 incorporating features or upgrades that a dwelling unit or 13 the building of which it is a part might conceivably exhibit 14 or offer. The list of energy efficiency standards shall 15 be developed by the office of the consumer advocate, in 16 consultation with state and federal energy efficiency agencies 17 and experts, and shall be accompanied by a space for notation 18 by the landlord indicating whether or not the unit or building 19 meets or exceeds each standard. 20 3. A landlord who fails to comply with the requirements of 21 this section upon receipt of a written notice by a tenant or 22 a prospective tenant that utility service costs have not been 23 disclosed shall have seven days from the date of receipt of the 24 notice to provide the required utility service cost disclosure 25 statement. A landlord who fails to provide the disclosure 26 statement within the seven-day period or who enters into a 27 rental agreement with a tenant without first disclosing utility 28 service costs on a disclosure statement or who misrepresents 29 utility service costs on a disclosure statement shall be 30 subject to a civil penalty of five hundred dollars. Such 31 penalty shall be imposed by the office of consumer advocate or 32 pursuant to a civil proceeding regarding recovery of damages 33 by a tenant for nondisclosure, and shall be remitted to the 34 division of community action agencies for deposit into the 35 -2- SF2311.4994 (2) 87 gh/rn 2/ 3
energy crisis fund created in section 216A.102. 1 Sec. ___. APPLICABILITY. The following provisions of this 2 Act apply to rental agreements entered into on or after January 3 1, 2018: 4 1. The section of this Act amending section 476.56. 5 2. The section of this Act enacting section 562A.13A. > 6 2. By renumbering as necessary. 7 ______________________________ ISENHART of Dubuque -3- SF2311.4994 (2) 87 gh/rn 3/ 3 #2.