55-226.2 - Energy submetering, energy allocation equipment, sewer and water submetering equipment, ratio utility billings systems.
§ 55-226.2. Energy submetering, energy allocation equipment,sewer and water submetering equipment, ratio utility billings systems.
A. Energy submetering equipment, energy allocation equipment,water and sewer submetering equipment, or a ratio utility billing system may beused in a commercial or residential building if clearly stated in the rentalagreement or lease for the leased premises or dwelling unit. All energysubmetering equipment and energy allocation equipment shall meet therequirements and standards established and enforced by the State CorporationCommission pursuant to § 56-245.3.
B. If energy submetering equipment, water and sewersubmetering equipment, or energy allocation equipment is used in any building,the owner, manager, or operator of the building shall bill the tenant forelectricity, natural gas or water and sewer for the same billing period as theutility serving the building, unless the rental agreement or lease expresslyprovides otherwise. The owner, manager, or operator of the building may chargeand collect from the tenant additional service charges, including, but notlimited to, monthly billing fees, account set-up fees or account move-out fees,to cover the actual costs of administrative expenses and billing charged to thebuilding owner, manager, or operator by a third-party provider of suchservices, provided that such charges are agreed to by the building owner andthe tenant in the rental agreement or lease. The building owner may require thetenant to pay a late charge of up to $5 if the tenant fails to make paymentwhen due, which shall not be less than 15 days following the date of mailing ordelivery of the bill sent pursuant to this section.
C. If a ratio utility billing system is used in any building,in lieu of increasing the rent, the owner, manager, or operator of the buildingmay employ such a program that utilizes a mathematical formula for allocating,among the tenants in a building, the actual or anticipated water, sewer,electrical, or natural gas billings billed to the building owner from athird-party provider of the utility service. The owner, manager, or operator ofthe building may charge and collect from the tenant additional service charges,including but not limited to monthly billing fees, account set-up fees, oraccount move-out fees, to cover the actual costs of administrative expenses andbillings charged to the building owner, manager, or operator by a third-partyprovider of such services, provided that such charges are agreed to by thebuilding owner and the tenant in the rental agreement or lease. The buildingowner may require the tenant to pay a late charge of up to $5 if the tenantfails to make payment when due, which shall not be less than 15 days followingthe date of mailing or delivery of the bill sent pursuant to this section. Thelate charge shall be deemed rent as defined in § 55-248.4 if a ratio utilitybilling system is used in a residential multifamily dwelling unit subject tothe Virginia Residential Landlord and Tenant Act (§ 55-248.2 et seq.).
D. Energy allocation equipment shall be tested periodically bythe owner, operator or manager of the building. Upon the request by a tenant,the owner shall test the energy allocation equipment without charge. The testconducted without charge to the tenant shall not be conducted more frequentlythan once in a 24-month period for the same tenant. The tenant or hisdesignated representative may be present during the testing of the energyallocation equipment. A written report of the results of the test shall be madeto the tenant within 10 working days after the completion of the test.
E. The owner of any building shall maintain adequate recordsregarding energy submetering equipment, water and sewer submetering equipment,energy allocation equipment, or a ratio utility billing system. A tenant mayinspect and copy the records for the leased premises during reasonable businesshours at a convenient location within the building. The owner of the buildingmay impose and collect a reasonable charge for copying documents, reflectingthe actual costs of materials and labor for copying, prior to providing copiesof the records to the tenant.
F. Notwithstanding any enforcement action undertaken by theState Corporation Commission pursuant to its authority under § 56-245.3,tenants and owners shall retain any private right of action resulting from anybreach of the rental agreement or lease terms required by this section or §56-245.3, if applicable, to the same extent as such actions may be maintainedfor breach of other terms of the rental agreement or lease under Chapter 13 (§55-217 et seq.) or Chapter 13.2 (§ 55-248.2 et seq.) of this title, ifapplicable. The use of energy submetering equipment, water and sewersubmetering equipment, energy allocation equipment, or a ratio utility billingsystem is not within the jurisdiction of the Department of Agriculture andConsumer Services under Chapter 56 (§ 3.2-5600 et seq.) of Title 3.2.
G. As used in this section:
"Building" means all of the individual units servedthrough the same utility-owned meter within a commercial or residentialbuilding that is defined in subsection A of § 56-245.2 as an apartment buildingor house, office building or shopping center.
"Energy allocation equipment" has the same meaningascribed to such term in subsection A of § 56-245.2.
"Energy submetering equipment" has the same meaningascribed to "submetering equipment" in subsection A of § 56-245.2.
"Ratio utility billing system" means a program thatutilizes a mathematical formula for allocating, among the tenants in abuilding, the actual or anticipated water, sewer, electrical, or natural gasbillings billed to the building owner from a third-party provider of the utilityservice. Permitted allocation methods may include formulas based upon squarefootage, occupancy, number of bedrooms, or some other specific method agreed toby the building owner and the tenant in the rental agreement or lease.
"Water and sewer submetering equipment" meansequipment used to measure actual water or sewer usage in any dwelling unit ornonresidential rental unit, as defined in subsection A of § 56-245.2, when suchequipment is not owned or controlled by the utility or other provider of wateror sewer service that provides service to the building in which the dwellingunit or nonresidential rental unit is located.
(1992, c. 766; 2003, c. 355; 2005, c. 278; 2010, c. 550.)