House
File
2153
-
Introduced
HOUSE
FILE
2153
BY
ISENHART
,
KELLEY
,
and
WESSEL-KROESCHELL
A
BILL
FOR
An
Act
relating
to
energy
cost
disclosures
in
connection
with
1
rental
units
or
properties,
providing
penalties,
making
2
remedies
applicable,
and
including
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
5068YH
(5)
84
rn/sc
H.F.
2153
Section
1.
Section
476.56,
Code
2011,
is
amended
to
read
as
1
follows:
2
476.56
Energy
costs
provided.
3
A
gas
or
electric
public
utility
shall
provide,
upon
the
4
request
of
a
person
who
states
in
writing
that
the
person
is
an
5
owner
of
real
property
,
or
an
interested
prospective
purchaser
6
or
renter
of
the
property,
which
is
or
has
been
receiving
gas
7
or
electric
service
from
the
public
utility,
the
annual
gas
or
8
electric
energy
costs
for
the
property.
9
Sec.
2.
NEW
SECTION
.
476.56A
Energy
cost
disclosure
10
statements
——
rental
property.
11
1.
As
used
in
this
section,
“dwelling
unit”
,
“landlord”
,
12
“rental
agreement”
,
“rental
deposit”
,
and
“tenant”
mean
the
same
13
as
defined
in
section
562A.6.
In
addition,
“landlord”
shall
14
include
any
person
authorized
to
enter
into
a
rental
agreement
15
on
the
landlord’s
behalf.
16
2.
A
prospective
tenant
who
would
be
responsible
for
the
17
payment
of
gas
or
electric
energy
costs
with
respect
to
the
18
lease
or
rental
of
residential
real
property,
or
an
existing
19
tenant
currently
responsible
for
the
payment
of
such
costs,
20
has
the
right
to
obtain
the
amount
of
energy
consumption
and
21
the
cost
of
that
consumption
for
the
dwelling
unit
for
the
22
preceding
twelve-month
period
from
the
landlord
based
upon
23
information
supplied
at
no
charge
from
the
public
utility
24
furnishing
gas
or
electric
service.
The
amount
of
energy
25
consumption
and
the
cost
of
that
consumption
shall
be
provided
26
on
a
disclosure
statement
developed
pursuant
to
subsection
3
27
and
furnished
by
the
landlord
either
to
a
prospective
tenant
28
expressing
interest
in
entering
into
a
rental
agreement,
29
or
upon
request
by
an
existing
tenant
subject
to
such
an
30
agreement.
31
3.
The
office
of
the
consumer
advocate
shall
develop
an
32
energy
cost
disclosure
form
for
utilization
by
landlords
33
in
complying
with
this
section.
The
form
shall
contain
34
space
for
the
disclosure
of
the
annual
amount
of
energy
35
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5068YH
(5)
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5
H.F.
2153
consumption
and
the
cost
of
that
consumption,
and
shall
also
1
include
a
representative
list
of
energy
efficiency
standards
2
incorporating
features
or
upgrades
which
a
dwelling
unit
or
3
the
building
of
which
it
is
a
part
might
conceivably
exhibit
4
or
offer.
The
list
of
energy
efficiency
standards
shall
5
be
developed
by
the
office
of
the
consumer
advocate,
in
6
consultation
with
state
and
federal
energy
efficiency
agencies
7
and
experts,
and
shall
be
accompanied
by
a
space
for
notation
8
by
the
landlord
indicating
whether
or
not
the
unit
or
building
9
meets
or
exceeds
each
standard.
The
office
of
the
consumer
10
advocate
and
local
housing
authorities
responsible
for
the
11
issuance
of
residential
rental
property
permits
shall
post
and
12
maintain
the
recommended
standards
required
by
this
section,
13
and
detailed
information
on
how
to
comply
with
the
standards,
14
on
an
internet
site
maintained
by
the
office
and
an
internet
15
site
maintained
by
or
on
behalf
of
the
local
housing
authority.
16
4.
Before
a
prospective
tenant
enters
into
a
rental
17
agreement
or
pays
a
rental
deposit
with
respect
to
a
dwelling
18
unit,
the
landlord
shall
obtain
the
prospective
tenant’s
19
signature
on
the
disclosure
statement,
and
sign
the
statement.
20
The
statement
shall
be
retained
by
the
landlord
for
a
minimum
21
of
three
years.
22
5.
The
board,
in
consultation
with
the
office
of
the
23
consumer
advocate,
shall
adopt
rules
to
administer
this
24
section.
25
6.
In
addition
to
any
other
remedy
available
pursuant
26
to
chapter
562A,
upon
receipt
of
a
complaint
filed
by
a
27
prospective
tenant
or
tenant
that
the
provisions
of
this
28
section
are
not
being
complied
with,
a
local
entity
with
29
regulatory
authority
shall
suspend
the
rental
license
for
any
30
unit
for
which
an
energy
disclosure
statement
is
not
provided
31
upon
expiration
of
a
seven-day
period
following
notification
32
to
the
landlord
of
the
complaint.
In
this
event
the
tenant
33
shall
be
entitled
to
a
return
of
all
prepaid
rent
and
security.
34
A
processing
fee
may
be
assessed
by
the
local
authority
for
35
-2-
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5068YH
(5)
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rn/sc
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5
H.F.
2153
reinstated
licenses.
1
Sec.
3.
Section
562A.13,
Code
2011,
is
amended
by
adding
the
2
following
new
subsection:
3
NEW
SUBSECTION
.
4A.
The
landlord
or
any
person
authorized
4
to
enter
into
a
rental
agreement
on
the
landlord’s
behalf
shall
5
comply
with
the
provisions
of
section
476.56A
with
regard
to
6
energy
cost
disclosure
forms
for
utility
rates,
charges,
and
7
services
to
be
paid
by
the
tenant
directly
to
the
utility
8
company.
9
Sec.
4.
APPLICABILITY.
This
Act
applies
to
rental
10
agreements
entered
into
on
or
after
January
1,
2013.
11
EXPLANATION
12
This
bill
relates
to
the
disclosure
of
energy
costs
to
13
tenants
and
prospective
tenants
of
residential
dwelling
units.
14
The
bill
modifies
provisions
of
existing
Code
section
15
465.56,
relating
to
the
provision
of
energy
costs
upon
request
16
by
a
gas
or
electric
utility
with
regard
to
the
purchase
or
17
rental
of
real
property,
to
provide
that
the
Code
section
18
refers
to
ownership
or
prospective
ownership
of
real
property,
19
not
the
rental
or
prospective
rental
thereof.
20
The
bill
establishes
a
new
Code
section
476.56A
relating
21
to
the
provision
of
energy
cost
disclosure
statements
in
22
connection
with
rental
property.
The
bill
provides
that
a
23
prospective
tenant
who
would
be
responsible
for
the
payment
24
of
gas
or
electric
energy
costs
with
respect
to
the
lease
or
25
rental
of
residential
real
property,
or
an
existing
tenant
26
currently
responsible
for
the
payment
of
such
costs,
has
the
27
right
to
obtain
the
amount
of
energy
consumption
and
the
cost
28
of
that
consumption
for
the
dwelling
unit
for
the
preceding
29
12-month
period
from
the
landlord
based
upon
information
30
supplied
at
no
charge
from
the
public
utility
furnishing
gas
or
31
electric
service.
32
The
bill
provides
that
the
energy
cost
information
will
33
be
provided
on
a
disclosure
statement
furnished
by
the
34
landlord
utilizing
a
form
developed
by
the
office
of
consumer
35
-3-
LSB
5068YH
(5)
84
rn/sc
3/
5
H.F.
2153
advocate.
The
bill
specifies
that
the
form
shall
contain
1
space
for
the
disclosure
of
the
annual
amount
of
energy
2
consumption
and
the
cost
of
that
consumption,
and
shall
also
3
include
a
representative
list
of
energy
efficiency
standards
4
incorporating
features
or
upgrades
which
a
dwelling
unit
or
5
the
building
of
which
it
is
a
part
might
conceivably
exhibit
6
or
offer.
The
office
is
directed
to
develop
the
list
of
energy
7
efficiency
standards
in
consultation
with
state
and
federal
8
energy
efficiency
agencies
and
experts.
The
list
shall
be
9
accompanied
by
a
space
for
notation
by
the
landlord
indicating
10
whether
or
not
the
unit
or
building
meets
or
exceeds
each
11
standard.
The
bill
provides
that
the
office
of
the
consumer
12
advocate
and
local
housing
authorities
responsible
for
the
13
issuance
of
residential
rental
property
permits
shall
post
and
14
maintain
the
recommended
standards,
and
detailed
information
on
15
how
to
comply
with
them,
on
an
internet
site
maintained
by
the
16
office
and
the
local
housing
authority.
17
The
bill
provides
that
prior
to
a
prospective
tenant
18
entering
into
a
rental
agreement
or
paying
a
rental
deposit
19
with
respect
to
a
dwelling
unit,
the
landlord
shall
obtain
the
20
prospective
tenant’s
signature
on
the
disclosure
statement,
and
21
sign
the
statement.
The
landlord
is
required
to
retain
the
22
statement
for
a
minimum
of
three
years.
23
The
bill
directs
the
Iowa
utilities
board,
in
consultation
24
with
the
office
of
the
consumer
advocate,
to
adopt
rules
25
to
administer
the
bill’s
provisions.
The
bill
states
that
26
in
addition
to
any
other
remedy
available
pursuant
to
Code
27
chapter
562A
(Uniform
Residential
Landlord
and
Tenant
Act),
28
upon
receipt
of
a
complaint
filed
by
a
prospective
or
existing
29
tenant
that
the
bill’s
provisions
are
not
being
complied
with,
30
a
local
housing
authority
shall
suspend
the
rental
license
31
for
any
unit
for
which
an
energy
disclosure
statement
is
not
32
provided
upon
expiration
of
a
seven-day
period
following
33
notification
to
the
landlord
of
the
complaint.
In
this
event,
34
the
bill
states
that
a
tenant
shall
be
entitled
to
the
return
35
-4-
LSB
5068YH
(5)
84
rn/sc
4/
5
H.F.
2153
of
all
prepaid
rent
and
any
security
deposit.
A
processing
fee
1
may
be
assessed
by
the
local
authority
for
reinstated
licenses.
2
The
bill
amends
Code
section
562A.13,
regarding
required
3
landlord
disclosures
to
tenants,
to
require
that
a
landlord
4
or
any
person
authorized
to
enter
into
a
rental
agreement
on
5
the
landlord’s
behalf
complies
with
the
bill’s
provisions
with
6
regard
to
energy
cost
disclosure
forms
for
utility
rates,
7
charges,
and
services
to
be
paid
by
a
tenant
directly
to
a
8
utility
company.
9
The
bill
references
existing
definitions
of
“dwelling
unit”,
10
“landlord”,
“rental
agreement”,
“rental
deposit”,
and
“tenant”
11
as
meaning
the
same
as
defined
in
Code
section
562A.6,
and
adds
12
that
“landlord”
shall
include
any
person
authorized
to
enter
13
into
a
rental
agreement
on
the
landlord’s
behalf.
14
The
bill’s
provisions
are
applicable
to
rental
agreements
15
entered
into
on
or
after
January
1,
2013.
16
-5-
LSB
5068YH
(5)
84
rn/sc
5/
5