Bill Text: IN HB1115 | 2011 | Regular Session | Introduced
Bill Title: Notice to landlords of delinquent utility bills.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2011-01-06 - First reading: referred to Committee on Utilities and Energy [HB1115 Detail]
Download: Indiana-2011-HB1115-Introduced.html
Citations Affected: IC 8-1-2.
Synopsis: Notice to landlords of delinquent utility bills. Requires an
electric utility or a gas utility to provide notice of a delinquent
residential account and of the opportunity to enter into an amortization
agreement to: (1) the customer occupying the dwelling for which the
account is delinquent; and (2) the owner of the dwelling, if the dwelling
is occupied by someone other than the owner. Requires an electric
utility or a gas utility to provide notice of a potential termination of
service for nonpayment during the heating season to: (1) the customer
occupying the dwelling for which the account is delinquent; and (2) the
owner of the dwelling, if the dwelling is occupied by someone other
than the owner. Provides that a utility's duty to provide the required
notices to the owner of the dwelling applies only if the owner has given
the utility written notice of the owner's address to which any notices
concerning the dwelling are to be sent.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Utilities and Energy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
utilities.
provide the customer with adequate opportunity to apply for and
receive the benefits of any available public assistance program. An
amortization agreement is subject to amendment on the customer's
request if there is a change in the customer's financial circumstances.
In addition, the utility shall send, by United States mail, notice of
the delinquency and of the opportunity to enter into an
amortization agreement under this subsection to:
(1) the customer who occupies the dwelling for which the
account is delinquent, at:
(A) the address of the dwelling; or
(B) the address otherwise listed for the customer in the
records of the utility; and
(2) if the dwelling is occupied by someone other than the
owner of the dwelling, the owner of the dwelling, at the
address to which the owner has instructed, in writing, the
utility to direct any notice under this subsection.
The notice required by this subsection shall be sent to the customer
occupying the dwelling and to the owner of the dwelling, if
applicable, at the same time and in accordance with the schedule
by which the utility normally sends notices of delinquencies under
the utility's established billing procedures. However, a utility is
required to give notice to an owner under subdivision (2) only if the
owner has given the utility written notice of the owner's address to
which any notices concerning the dwelling are to be sent.
(c) (d) The commission may establish a reasonable rate of interest
which a utility may charge on the unpaid balance of a customer's
delinquent bill that may not exceed the rate established by the
commission under section 34.5 of this chapter.
(d) (e) The commission shall adopt rules under IC 4-22-2 to carry
out the provisions of this section.
(e) (f) This section does not prohibit an electric or gas utility from
terminating residential utility service upon a request of a customer or
under the following circumstances:
(1) If a condition dangerous or hazardous to life, physical safety,
or property exists.
(2) Upon order by any court, the commission, or other duly
authorized public authority.
(3) If fraudulent or unauthorized use of electricity or gas is
detected and the utility has reasonable grounds to believe the
affected customer is responsible for such use.
(4) If the utility's regulating or measuring equipment has been
tampered with and the utility has reasonable grounds to believe
that the affected customer is responsible for such tampering.
"Dwelling" means an individual residence, including a mobile home or trailer, or a room or combination of rooms, with facilities for living for a single household.
"Heating season" means the period beginning on November 1 of any year and ending on the following April 1.
(b) A utility, including a municipally owned utility, that provides energy or fuel to an occupied dwelling may not, during the heating season, terminate service to the dwelling because of the failure of the customer to pay
(c) A notice served under this section must be in language that is clear, concise, and easily understandable to a layman. It must, in separately numbered paragraphs:
(1) indicate the date on which service will be terminated;
(2) state the reason and factual basis for the termination of service;
(3) list the telephone number of the utility office that the customer may call during regular business hours in order to question the proposed termination of service or to seek information concerning
(4) state that the customer may refer to the pamphlet furnished to
(d) Service of a notice under this section must be
(1) to the customer who occupies the dwelling for which the account is delinquent:
(A) by United States mail addressed to the customer; or
at the address of the dwelling, or the address otherwise listed for the customer in the records of the utility; and
(2) if the dwelling is occupied by someone other than the owner of the dwelling, to the owner of the dwelling, by United States mail addressed to the address to which the owner has instructed, in writing, the utility to direct any notice under this section.
The notice required by this section shall be sent to the customer
occupying the dwelling and to the owner of the dwelling, if
applicable, at the same time and in accordance with the schedule
by which the utility normally sends notices of delinquencies under
the utility's established billing procedures. However, a utility is
required to give notice to an owner under subdivision (2) only if the
owner has given the utility written notice of the owner's address to
which any notices concerning the dwelling are to be sent.
(e) No notice may be served under this section before the date on
which the customer's account becomes delinquent.