Bill Text: IA SSB3130 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the provision of water service for manufactured home communities.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2024-02-13 - Subcommittee recommends amendment and passage. []. [SSB3130 Detail]
Download: Iowa-2023-SSB3130-Introduced.html
Senate
Study
Bill
3130
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
LOCAL
GOVERNMENT
BILL
BY
CHAIRPERSON
GREEN)
A
BILL
FOR
An
Act
relating
to
the
provision
of
water
service
for
1
manufactured
home
communities.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5646XC
(3)
90
lh/js
S.F.
_____
Section
1.
NEW
SECTION
.
384.84B
Water
service
to
1
manufactured
home
communities
and
mobile
home
parks.
2
1.
As
used
in
this
section:
3
a.
“Home
space”
means
a
mobile
home
space
as
defined
in
4
section
562B.7.
5
b.
“Manufactured
home
community”
means
a
manufactured
home
6
community
or
a
mobile
home
park
as
those
terms
are
defined
in
7
section
435.1.
8
c.
“Water
system”
means
a
public
water
supply
system
as
9
defined
in
section
455B.171
or
water
utility
as
defined
in
10
section
423.3,
subsection
103.
11
2.
This
section
applies
only
to
manufactured
home
12
communities
that,
currently
or
upon
completion
of
improvements
13
to
the
community,
are
connected
to
a
water
system’s
water
main
14
for
water
service
and
have
individual
water
submeters
for
each
15
occupied
home
space
in
accordance
with
subsection
3.
16
3.
A
manufactured
home
community
connected
to
a
water
17
system’s
water
main
for
water
service
may,
at
its
sole
18
discretion,
elect
to
have
such
water
system
directly
provide
19
water
service
to
the
individual
tenants
within
such
community
20
under
a
written
water
service
agreement
to
be
signed
by
21
the
water
system
and
the
landlord
of
the
manufactured
home
22
community
pursuant
to
the
following
terms
and
conditions:
23
a.
The
landlord
of
a
manufactured
home
community
desiring
24
to
invoke
the
rights
under
this
section
shall
notify
the
water
25
system
of
its
election
to
have
the
water
system
directly
26
provide
water
service
to
the
individual
tenants
within
the
27
community.
28
b.
After
receiving
a
notification
pursuant
to
paragraph
“a”
,
29
the
water
system
shall
promptly
perform
the
following
actions:
30
(1)
Notify
the
landlord
of
the
manufactured
home
community
31
of
its
standards
and
specifications
for
submeters,
meter
pits,
32
shutoff
valves,
and
related
plumbing
facilities,
provided
33
however
that
any
and
all
such
standards
and
specifications
must
34
be
reasonable
and
necessary
and
shall
be
no
greater
or
more
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burdensome
than
those
required
of
other
similar
properties
1
to
which
the
water
system
provides
water
service
including
2
residential
rental
properties
and
horizontal
property
regimes.
3
(2)
Inspect
any
currently
installed
water
submeters
and
4
related
plumbing
facilities
within
the
manufactured
home
5
community
and
thereafter
notify
the
landlord
whether
the
6
currently
installed
water
submeters
and
plumbing
facilities
7
are
compliant
with
its
standards
and
specifications
with
or
8
without
modifications
or
whether
new
water
submeters
or
other
9
facilities
must
be
installed.
10
c.
After
the
landlord’s
receipt
of
the
information
set
forth
11
in
paragraph
“b”
,
and
in
the
event
the
landlord
still
desires
12
to
have
the
water
system
directly
provide
water
service
to
13
the
tenants,
the
water
system
and
landlord
shall
thereafter
14
work
in
good
faith
to
enter
into
a
water
service
agreement
15
under
which
the
water
system
shall
directly
provide
water
16
service
to
the
individual
tenants
within
the
manufactured
17
home
community
pursuant
to
the
terms
and
conditions
set
forth
18
in
this
paragraph.
Unless
otherwise
mutually
agreed
upon
by
19
both
parties,
the
water
service
agreement
shall
include
the
20
following
terms
and
conditions:
21
(1)
The
landlord
of
the
manufactured
home
community
shall
22
comply
with
the
water
system’s
standards
and
specifications
23
for
submeters,
meter
pits,
shutoff
valves,
and
other
related
24
plumbing
facilities
necessary
for
the
water
system
to
25
directly
provide
water
service
to
the
tenants
for
their
water
26
consumption
pursuant
to
individual
water
submeters
for
each
27
home
space,
provided
however
that
any
and
all
such
standards
28
and
specifications
shall
be
reasonable
and
necessary,
shall
not
29
require
anything
other
than
reasonably
accessible
meter
pits
30
in
or
adjacent
to
each
home
space,
and
shall
not
be
any
greater
31
or
more
burdensome
than
those
standards
and
specifications
32
required
of
other
similar
properties
to
which
the
water
system
33
provides
service
including
residential
rental
properties
and
34
horizontal
property
regimes.
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(2)
The
landlord
of
the
manufactured
home
community
shall
1
be
responsible
for
the
completion
of
all
improvements,
and
for
2
all
costs
associated
therewith,
relating
to
the
furnishing
and
3
installation
of
submeters
and
related
facilities
within
the
4
community
required
under
subparagraph
(1).
5
(3)
The
water
system
shall
establish
direct
accounts
6
with
the
tenants
of
the
manufactured
home
community
and
7
directly
bill
the
tenants
under
such
accounts
for
their
water
8
consumption
shown
by
the
submeters,
with
the
water
system
9
performing
all
tasks
relating
to
the
reading
of
the
submeters
10
and
billing
the
individual
residents
based
upon
those
submeter
11
readings.
12
(4)
The
water
system
shall
read
and
bill
the
landlord
for
13
the
consumption
shown
by
the
master
meter,
after
deducting
all
14
billings
to
tenants
for
consumption
under
their
submeters,
with
15
such
deductions
being
provisional
only
and
being
subject
to
16
rebilling
to
the
landlord
in
the
event
of
a
tenant
nonpayment
17
as
provided
elsewhere
within
this
subsection.
18
(5)
The
water
system
shall
provide
the
water
service
under
19
the
water
service
agreement
in
accordance
with
all
applicable
20
laws
and
its
regular
rules
and
regulations
for
water
service
to
21
customers,
and
all
terms
and
rates
imposed
by
the
water
system
22
under
the
water
service
agreement
shall
be
no
greater
or
more
23
burdensome
than
those
terms
and
rates
imposed
on
other
similar
24
properties
to
which
the
water
system
provides
service
including
25
residential
rental
properties
and
horizontal
property
regimes.
26
(6)
The
landlord
of
the
manufactured
home
community
shall
27
grant
reasonable
and
necessary
utility
access
and
easement
for
28
the
water
system
for
the
purposes
of
reading,
maintaining,
29
repairing,
and
replacing
submeters,
and
initiating
and
30
terminating
service.
31
(7)
The
landlord
of
the
manufactured
home
community
32
shall
retain
full
legal
and
financial
responsibility
for
33
the
ownership,
maintenance,
operation,
upgrade,
repair,
and
34
replacement
of
the
private
water
infrastructure
within
the
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manufactured
home
community,
including
but
not
limited
to
all
1
water
distribution
and
plumbing
facilities,
lines,
meter
pits,
2
and
submeters,
serving
the
community
and
all
home
spaces
from
3
the
point
of,
and
including,
the
incorporation
of
the
service
4
line
at
the
water
system’s
master
meter;
shall
ensure
all
5
private
infrastructure
components
are
in
good
working
order;
6
and
shall
facilitate
the
prompt
completion
of,
and
payment
for,
7
any
repairs
necessary
to
the
submeters
as
directed
by
the
water
8
system.
9
(8)
The
water
system
shall
retain
full
legal
and
financial
10
responsibility
for
the
ownership,
maintenance,
operation,
11
repair,
and
replacement
of
the
water
system’s
water
main
and
12
master
meter
for
the
manufactured
home
community.
13
(9)
The
landlord
of
the
manufactured
home
community
14
shall
provide
to
the
water
system
documentation
in
regard
to
15
all
existing
and
new
tenants
for
each
home
space
within
the
16
community
reflecting
the
implementation
of
the
water
service
to
17
be
provided
by
the
water
system
to
the
individual
tenants
under
18
the
water
service
agreement
and
shall
otherwise
provide
the
19
water
system
with
all
necessary
tenant
information
to
enable
20
the
water
system
to
communicate
with
and
provide
service
to
all
21
existing
and
new
tenants
under
the
water
service
agreement.
22
(10)
For
existing
manufactured
home
communities,
the
23
landlord
of
the
manufactured
home
community
shall
be
24
responsible
for
notifying
its
tenants
of
the
change
in
the
25
provision
of
water
service
pursuant
to
this
section,
with
26
the
landlord
being
required
to
provide
tenants
with
the
same
27
notice
as
is
required
for
rent
increases
under
section
562B.14,
28
subsection
7.
29
(11)
The
landlord
of
the
manufactured
home
community
shall
30
be
jointly
responsible
for
any
and
all
delinquent
charges
31
associated
with
water
service
to
an
individual
tenant.
The
32
water
system’s
collection
rights
in
the
event
of
nonpayment
for
33
water
or
other
service
by
an
individual
tenant
shall
include
34
all
rights
provided
by
Iowa
law,
including
those
provided
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in
Iowa
Code
section
384.84,
and
shall
include
the
right
to
1
terminate
service
and
impose
a
lien
upon
the
manufactured
home
2
community,
with
the
landlord
waiving
any
right
that
it
may
3
otherwise
have
to
establish
an
exemption
from
the
right
to
4
impose
a
lien
by
the
water
system.
5
(12)
The
water
system
shall
not
be
liable
to
the
landlord
6
or
any
tenants
of
the
manufactured
home
community
for
any
7
service
furnished
for
any
reason
other
than
the
water
system’s
8
willful
misconduct.
The
water
service
agreement
shall
include
9
an
indemnification
provision
under
which
the
landlord
of
the
10
manufactured
home
community
indemnifies
and
holds
harmless
the
11
water
system
from
any
and
all
claims
and
liabilities,
including
12
reasonable
attorney
fees
and
costs,
arising
from
the
tenants
13
for
any
service
furnished
by
the
water
system
for
any
reason
14
other
than
the
water
system’s
willful
misconduct.
15
(13)
If
the
water
system
also
provides
sewer
and
storm
16
water
services
to
the
manufactured
home
community,
and
if
the
17
landlord
of
the
manufactured
home
community
also
desires,
at
18
its
sole
discretion,
to
have
the
water
system
directly
provide
19
such
services
to
tenants,
then
the
parties
shall
also
agree
20
upon
reasonable
and
necessary
terms
relating
to
all
sewer
and
21
storm
water
services
and
charges
that
the
water
system,
or
its
22
affiliate,
provides
to
the
manufactured
home
community.
23
(14)
The
parties
shall
agree
upon
all
other
reasonable
24
and
necessary
terms
within
the
water
service
agreement
to
25
effectuate
the
water
system’s
provision
of
water
service
to
the
26
landlord
and
individual
tenants
within
the
manufactured
home
27
community,
provided
that
all
terms
and
rates
imposed
by
the
28
water
system
shall
be
no
greater
or
more
burdensome
than
those
29
terms
and
rates
imposed
on
other
similar
properties
to
which
30
the
water
system
provides
service
including
residential
rental
31
properties
and
horizontal
property
regimes.
32
d.
At
the
discretion
of
the
water
system,
for
any
charges
33
and
bills
to
tenants
remaining
unpaid
after
no
less
than
fifty
34
days,
the
water
system
may
elect
to
transfer
such
delinquent
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charges
and
bills
to
the
landlord’s
account,
which
shall
be
1
paid
by
landlord
in
accordance
with
the
water
system’s
normal
2
collection
terms.
3
e.
Based
upon
the
landlord
of
the
manufactured
home
4
community
being
jointly
responsible
for
delinquent
charges
5
associated
with
water
service
to
individual
tenants,
the
water
6
system
shall
not
require
deposits
from
the
tenants
that
would
7
otherwise
be
permitted
for
residential
rental
properties
under
8
section
384.84.
9
4.
Unless
expressly
provided
otherwise
in
this
section,
the
10
provisions
of
section
384.84
for
the
provision
of
water
service
11
to
residential
rental
properties
shall
apply
to
a
manufactured
12
home
community
for
which
the
landlord
has
elected
to
have
the
13
water
system
directly
provide
water
service
to
the
individual
14
tenants
within
the
community.
15
EXPLANATION
16
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
17
the
explanation’s
substance
by
the
members
of
the
general
assembly.
18
This
bill
relates
to
the
provision
of
water
service
at
a
19
manufactured
home
community.
The
bill
provides
the
landlord
20
of
a
manufactured
home
community
with
the
ability
to
choose
21
whether
water
service
is
directly
provided
to
tenants
or
22
provided
to
the
community
as
a
whole.
A
manufactured
home
23
community
connected
to
a
water
main
may
sign
a
written
24
water
service
agreement
to
provide
water
service
to
25
tenants
individually
in
the
community.
The
landlord
of
the
26
manufactured
home
community
must
provide
notice
to
the
water
27
system
of
the
desire
for
individual
water
service.
After
28
notification
from
the
landlord,
the
water
system
shall
inspect
29
the
currently
installed
plumbing
facilities
in
the
community
30
and
provide
the
standards
and
specifications
for
individual
31
use.
The
water
system
shall
provide
notice
to
the
landlord
32
of
the
plumbing
facilities’
compliance
with
the
standards
and
33
specifications.
34
The
bill
requires
a
water
service
agreement
with
a
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manufactured
home
community
to
include
certain
terms
and
1
conditions.
The
landlord
is
responsible
for
complying
2
with
the
water
system’s
reasonable
and
necessary
standards
3
and
specifications
provided
prior
to
the
agreement.
Any
4
improvements
and
costs
associated
with
installing
submeters
and
5
related
facilities
shall
be
the
responsibility
of
the
landlord.
6
Tenants
shall
have
direct
accounts
with
the
water
system
to
7
view
water
consumption
and
corresponding
bills.
The
landlord
8
shall
be
provisionally
billed
for
the
water
consumption
shown
9
on
the
master
meter
less
the
payments
from
the
tenants
and
10
shall
be
subject
to
rebilling
in
the
event
of
nonpayment
by
a
11
tenant.
12
The
landlord
must
provide
utility
access
and
easement
13
to
the
water
system
to
read,
maintain,
repair,
and
replace
14
submeters,
and
initiate
and
terminate
service.
The
landlord
15
shall
retain
full
legal
and
financial
responsibility
for
the
16
private
water
infrastructure
in
the
manufactured
home
community
17
and
is
responsible
for
any
repairs
and
corresponding
payments
18
necessary.
The
landlord
shall
provide
the
water
system
with
19
documentation
of
the
manufactured
home
community
tenants.
The
20
landlord
must
notify
all
existing
tenants
of
the
change
in
the
21
provision
of
water
service.
22
The
water
service
agreement
shall
include
an
indemnification
23
provision
to
hold
the
water
system
harmless
from
claims
and
24
liabilities
arising
from
the
tenants
for
any
reason
other
than
25
the
water
system’s
willful
misconduct.
If
the
water
system
26
provides
sewer
and
storm
water
services
to
the
manufactured
27
home
community,
the
landlord
and
water
system
shall
also
agree
28
to
all
sewer
and
storm
water
services
and
charges.
The
water
29
system
must
ensure
that
all
terms
and
rates
are
no
greater
or
30
more
burdensome
than
those
imposed
on
other
similar
properties.
31
At
the
discretion
of
the
water
system,
unpaid
bills
32
remaining
after
50
days
may
be
transferred
to
the
landlord
33
for
payment.
The
water
system
may
not
require
deposits
from
34
tenants
for
the
services.
Unless
otherwise
provided
by
the
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_____
bill,
the
provisions
of
Code
section
384.84
for
water
service
1
to
residential
rental
properties
shall
apply
to
a
manufactured
2
home
community
for
which
the
landlord
has
elected
to
have
the
3
water
system
directly
provide
water
service
to
the
individual
4
tenants
within
the
community.
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