House
File
269
-
Introduced
HOUSE
FILE
269
BY
ISENHART
A
BILL
FOR
An
Act
relating
to
utility
cost
disclosures
in
connection
1
with
rental
properties,
providing
penalties,
and
including
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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269
Section
1.
Section
476.56,
Code
2019,
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
8
or
electric
energy
costs
for
the
property.
A
gas
or
electric
9
public
utility
and,
notwithstanding
section
476.1,
subsection
10
4,
a
public
utility
furnishing
water
or
sewer
service,
shall
11
comply
with
the
utility
service
cost
disclosure
provisions
of
12
section
562A.13A
with
regard
to
existing
or
prospective
renters
13
of
real
property.
14
Sec.
2.
NEW
SECTION
.
562A.13A
Utility
service
cost
15
disclosure
statements
——
penalty.
16
1.
In
addition
to
the
required
disclosure
provisions
17
of
section
562A.13,
the
landlord
or
a
person
authorized
to
18
enter
into
a
rental
agreement
on
behalf
of
the
landlord
shall
19
disclose
to
a
prospective
tenant
in
writing
at
or
before
the
20
commencement
of
the
tenancy,
and
to
an
existing
tenant
at
any
21
point
during
the
tenancy,
the
gas,
electric,
water,
or
sewer
22
utility
service
costs
for
a
dwelling
unit.
Utility
service
23
costs
shall
be
provided
with
respect
to
a
dwelling
unit
for
the
24
preceding
twelve-month
period
based
upon
information
obtained
25
at
no
charge
by
the
landlord
or
person
authorized
to
enter
26
into
the
rental
agreement
from
the
utility
furnishing
utility
27
service,
pursuant
to
an
energy
cost
disclosure
statement
28
developed
pursuant
to
subsection
2.
In
the
event
that
29
utility
service
has
been
provided
for
a
period
of
less
than
30
one
year,
cost
information
shall
be
provided
for
the
period
31
beginning
when
utility
service
commenced.
In
the
event
of
new
32
construction,
utility
service
cost
information
from
similar
33
dwelling
units
in
similar
properties
may
be
obtained
in
writing
34
from
a
utility
and
supplied
to
a
prospective
tenant,
or
in
35
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269
the
alternative,
a
landlord
may
obtain
a
written
estimate
of
1
anticipated
utility
service
costs
from
a
utility
or
an
energy
2
consultant.
3
2.
The
office
of
consumer
advocate
shall
develop
the
4
format
of
an
energy
cost
disclosure
statement
for
utilization
5
by
landlords
in
complying
with
this
section.
The
format
6
developed
shall
include
space
for
the
disclosure
of
the
7
annual
utility
service
costs,
and
shall
also
include
space
8
for
a
representative
list
of
energy
efficiency
standards
9
incorporating
features
or
upgrades
that
a
dwelling
unit
or
10
the
building
of
which
it
is
a
part
might
conceivably
exhibit
11
or
offer.
The
list
of
energy
efficiency
standards
shall
12
be
developed
by
the
office
of
the
consumer
advocate,
in
13
consultation
with
state
and
federal
energy
efficiency
agencies
14
and
experts,
and
shall
be
accompanied
by
a
space
for
notation
15
by
the
landlord
indicating
whether
or
not
the
unit
or
building
16
meets
or
exceeds
each
standard.
17
3.
A
landlord
who
fails
to
comply
with
the
requirements
of
18
this
section
upon
receipt
of
a
written
notice
by
a
tenant
or
19
a
prospective
tenant
that
utility
service
costs
have
not
been
20
disclosed
shall
have
seven
days
from
the
date
of
receipt
of
the
21
notice
to
provide
the
required
utility
service
cost
disclosure
22
statement.
A
landlord
who
fails
to
provide
the
disclosure
23
statement
within
the
seven-day
period
or
who
enters
into
a
24
rental
agreement
with
a
tenant
without
first
disclosing
utility
25
service
costs
on
a
disclosure
statement
or
who
misrepresents
26
utility
service
costs
on
a
disclosure
statement
shall
be
27
subject
to
a
civil
penalty
of
five
hundred
dollars.
Such
28
penalty
shall
be
imposed
by
the
office
of
consumer
advocate
or
29
pursuant
to
a
civil
proceeding
regarding
recovery
of
damages
30
by
a
tenant
for
nondisclosure,
and
shall
be
remitted
to
the
31
division
of
community
action
agencies
for
deposit
into
the
32
energy
crisis
fund
created
in
section
216A.102.
33
Sec.
3.
APPLICABILITY.
This
Act
applies
to
rental
34
agreements
entered
into
on
or
after
January
1,
2020.
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269
EXPLANATION
1
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
2
the
explanation’s
substance
by
the
members
of
the
general
assembly.
3
This
bill
relates
to
utility
cost
disclosure
requirements
in
4
connection
with
rental
properties.
5
The
bill
modifies
provisions
of
Code
section
476.56,
6
relating
to
the
provision
of
energy
costs
by
a
gas
or
electric
7
utility
upon
request
with
regard
to
the
purchase
or
rental
8
of
real
property,
to
provide
that
the
Code
section
refers
to
9
ownership
or
prospective
ownership
of
real
property,
not
the
10
rental
or
prospective
rental
of
the
property.
11
The
bill
establishes
new
Code
section
562A.13A
within
the
12
uniform
residential
landlord
and
tenant
law
provisions
of
Code
13
chapter
562A
requiring
that
a
landlord
or
a
person
authorized
14
to
enter
into
a
rental
agreement
on
behalf
of
the
landlord
15
shall
disclose
to
a
prospective
tenant
in
writing
at
or
before
16
the
commencement
of
the
tenancy,
or
to
an
existing
tenant
at
17
any
point
during
the
tenancy,
the
gas,
electric,
water,
or
18
sewer
utility
service
costs
for
a
dwelling
unit.
The
bill
19
specifies
that
the
utility
service
costs
shall
be
provided
with
20
respect
to
a
dwelling
unit
for
the
preceding
12-month
period,
21
or
for
the
period
beginning
when
utility
service
commenced
22
if
less
than
one
year,
based
upon
information
obtained
at
no
23
charge
by
the
landlord
or
person
authorized
to
enter
into
24
the
rental
agreement
from
the
utility
furnishing
utility
25
service.
In
the
event
of
new
construction,
the
bill
requires
26
utility
service
cost
information
from
similar
dwelling
units
27
in
similar
properties
to
be
obtained
in
writing
from
a
utility
28
and
supplied
to
a
prospective
tenant,
or
in
the
alternative,
a
29
landlord
may
obtain
a
written
estimate
of
anticipated
utility
30
service
costs
from
a
utility
or
an
energy
consultant.
31
The
bill
directs
the
office
of
consumer
advocate
to
develop
32
an
energy
cost
disclosure
statement
for
utilization
by
33
landlords,
containing
space
for
the
disclosure
of
the
utility
34
service
costs
and
also
including
space
for
a
representative
35
-3-
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4
H.F.
269
list
of
energy
efficiency
standards
incorporating
features
or
1
upgrades
that
a
dwelling
unit
or
the
building
of
which
it
is
2
a
part
might
conceivably
exhibit
or
offer.
The
bill
provides
3
that
the
list
of
energy
efficiency
standards
shall
be
developed
4
by
the
office
in
consultation
with
state
and
federal
energy
5
efficiency
agencies
and
experts
and
shall
be
accompanied
by
a
6
space
for
the
landlord
to
indicate
whether
or
not
the
unit
or
7
building
meets
or
exceeds
each
standard.
8
The
bill
provides
that
a
landlord
who
fails
to
supply
the
9
required
utility
service
cost
disclosure
statement
upon
receipt
10
of
a
written
notice
by
a
tenant
or
a
prospective
tenant
shall
11
have
seven
days
from
the
date
of
receipt
of
the
notice
to
12
provide
the
required
disclosure
statement.
If
a
landlord
13
fails
to
provide
the
disclosure
statement
within
the
seven-day
14
period,
or
enters
into
a
rental
agreement
with
a
tenant
without
15
first
disclosing
utility
service
costs
or
misrepresents
utility
16
service
costs
on
a
disclosure
statement,
the
bill
provides
that
17
the
landlord
shall
be
subject
to
a
civil
penalty
of
$500.
The
18
penalty
shall
be
imposed
by
the
office
of
consumer
advocate
or
19
pursuant
to
a
civil
proceeding
regarding
recovery
of
damages
20
by
a
tenant
for
nondisclosure,
and
shall
be
remitted
to
the
21
division
of
community
action
agencies
for
deposit
into
the
22
energy
crisis
fund
created
in
Code
section
216A.102.
23
The
bill
applies
to
rental
agreements
entered
into
on
or
24
after
January
1,
2020.
25
-4-
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1365YH
(1)
88
gh/rn
4/
4