HB 1013

NOTE: This bill has been prepared for the signatures of the appropriate legislative
officers and the Governor. To determine whether the Governor has signed the bill
or taken other action on it, please consult the legislative status sheet, the legislative
history, or the Session Laws.
     HOUSE BILL 26-1013
     BY REPRESENTATIVE(S) Sirota and Mabrey, Ricks, Bacon, Brown,
     Clifford, Espenoza, Froelich, Garcia, Nguyen, Paschal, Rutinel, Story,
     Zokaie, Lindsay, Carter, Duran, McCluskie;
     also SENATOR(S) Cutter and Weissman, Gonzales J., Jodeh, Kipp, Kolker,
     Lindstedt, Marchman, Sullivan, Wallace, Coleman.
     CONCERNING THE USE OF A RATIO UTILITY BILLING SYSTEM BY A LANDLORD
          TO ALLOCATE UTILITY CHARGES TO TENANTS.
     Be it enacted by the General Assembly of the State of Colorado:
           SECTION 1. In Colorado Revised Statutes, 6-1-737, amend (4)(a);
     and add (4.5) as follows:
           6-1-737. Requirement to disclose certain pricing information -
     landlords and tenants - remedies - rules - definitions.
            (4) A landlord or the landlord's agent shall not require a tenant to
     pay a fee, charge, or amount:
           (a) Related to the provision of utilities that is above the amount
     charged by the utility provider for service to the tenant's dwelling unit,
     ________
     Capital letters or bold & italic numbers indicate new material added to existing law; dashes
     through words or numbers indicate deletions from existing law and such material is not part of
     the act.
except FOR FEES, CHARGES, OR AMOUNTS RELATED TO THE PROVISION OF
UTILITIES THAT ARE CHARGED TO A TENANT in accordance with:
       (I) Section 38-12-801 (3)(a)(VI); OR
       (II) SUBSECTION (4.5) OF THIS SECTION.
      (4.5) (a) EXCEPT AS PROVIDED IN SUBSECTION (4.5)(b) OF THIS
SECTION, THIS SECTION DOES NOT PROHIBIT A LANDLORD OR LANDLORD'S
AGENT FROM ALLOCATING UTILITY COSTS AMONG TENANTS OF THE SAME
RESIDENTIAL PREMISES USING A RATIO UTILITY BILLING SYSTEM IF:
      (I) THE AGGREGATE AMOUNT BILLED TO ALL TENANTS OF THE
RESIDENTIAL PREMISES DOES NOT EXCEED THE TOTAL AMOUNT CHARGED BY
THE UTILITY PROVIDER FOR SERVICE TO THE ENTIRE RESIDENTIAL PREMISES;
      (II) THE LANDLORD OR LANDLORD'S AGENT DOES NOT APPLY ANY
MARKUP, SURCHARGE, ADMINISTRATIVE FEE, OR OTHER AMOUNT IN EXCESS
OF THE ACTUAL CHARGES FROM THE UTILITY, EXCEPT AS OTHERWISE
PERMITTED BY LAW;
       (III) THE UTILITY COSTS FOR COMMON AREAS OR SHARED FACILITIES
AT THE RESIDENTIAL PREMISES ARE EXCLUDED FROM ANY TENANT
ALLOCATION; AND
     (IV) THE LANDLORD CLEARLY AND CONSPICUOUSLY DISCLOSES THE
METHOD OF ALLOCATION FOR THE DWELLING UNIT IN A TENANT'S RENTAL
AGREEMENT OR AN ADDENDUM TO THE TENANT'S RENTAL AGREEMENT.
       (b)  FOR RESIDENTIAL PREMISES CONSTRUCTED WITH PERMITS
APPLIED FOR ON OR AFTER JULY 1, 2027, GAS, ELECTRIC, AND WATER UTILITY
SERVICE DELIVERED TO A RESIDENTIAL PREMISES MUST BE METERED EITHER
DIRECTLY BY THE UTILITY PROVIDER OR BY A SUBMETER.
       SECTION 2. Safety clause. The general assembly finds,
determines, and declares that this act is necessary for the immediate
preservation of the public peace, health, or safety or for appropriations for
PAGE 2-HOUSE BILL 26-1013
the support and maintenance of the departments of the state and state
institutions.
____________________________        ____________________________
Julie McCluskie  James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE  PRESIDENT OF
OF REPRESENTATIVES  THE SENATE
____________________________        ____________________________
Vanessa Reilly  Esther van Mourik
CHIEF CLERK OF THE HOUSE  SECRETARY OF
OF REPRESENTATIVES  THE SENATE
       APPROVED________________________________________
                          (Date and Time)
                 _________________________________________
                Jared S. Polis
                GOVERNOR OF THE STATE OF COLORADO
PAGE 3-HOUSE BILL 26-1013