1.1.................... moves to amend H.F. No. 562 as follows:
1.2Page 2, delete section 5 and insert:

1.3    "Sec. 5. Minnesota Statutes 2010, section 327C.04, is amended by adding a subdivision
1.4to read:
1.5    Subd. 5. Water and sewer; separate billing. (a) For purposes of this subdivision,
1.6"third party" means an individual, corporation, firm, company, partnership, limited liability
1.7corporation, cooperative, or association that provides water or sewer services under an
1.8agreement with a park owner, which may include but is not limited to:
1.9(1) installation and maintenance of waterworks systems or sanitary sewer systems
1.10owned by the park owner;
1.11(2) installation and maintenance of water measuring devices;
1.12(3) measurement of water usage by each resident; and
1.13(4) billing service. Third party does not include a public water supplier.
1.14(b) As provided in this subdivision, a park owner who installs a water measuring
1.15device to measure water service use, and provide for calculations of sewer use, may
1.16separately bill each resident in the park for water service, sewer service, or both. This
1.17authority applies to billing performed in conjunction with a single charge made to the park
1.18owner by a public water supplier, and to billing for water or sewer service provided by
1.19means of a private well or private sewer or septic system.
1.20(c) A park owner who performs separate billing of each resident for the utility
1.21service shall:
1.22(1) bill a resident at least quarterly;
1.23(2) maintain exclusive responsibility for the installation, maintenance, and reading
1.24of water measuring devices; and
1.25(3) perform one of the following:
2.1(i) bill a resident (A) based on that resident's actual use of water, and resulting sewer
2.2usage, as identified by the water measuring device; and (B) at the rates or calculations
2.3used by the appropriate public water supplier for each utility service;
2.4(ii) if the park owner uses billing services provided by a third party, bill a resident
2.5for the actual billing amount identified by the third party for that resident; or
2.6(iii) if the park owner provides the utility service by means of a private well or
2.7private sewer or septic system, bill a resident (A) based on that resident's actual use of
2.8water as identified by the water measuring device, and (B) at the rates permitted for utility
2.9charges under subdivision 3.
2.10(d) A park owner may not include in a bill to a resident for utility service under this
2.11subdivision, charges for:
2.12(1) the cost of a water measuring device;
2.13(2) the cost of installation or maintenance of a water measuring device;
2.14(3) the cost of billing; or
2.15(4) any administrative, capital, or other related expenses, including but not limited to
2.16disconnection and reconnection.
2.17(e) Notwithstanding paragraph (d), a park owner may charge for repair or
2.18replacement of a water measuring device due to a resident's negligence, intentional
2.19damage, or theft by a resident.
2.20(f) Notwithstanding paragraph (d), if a park owner who performs separate billing
2.21of each resident for the utility service receives a bill from a public water supplier that
2.22includes one or more fixed charges, including a connection fee, as defined in section
2.23444.075, subdivision 3, the park owner shall apportion the fixed charges equally among
2.24each resident based on the number of lots in the park that are consuming the utility service.
2.25(g) Each resident is responsible only for the metered water and resulting sewer
2.26usage and the share of any fixed charges as provided under paragraph (f). Any difference
2.27between the aggregate metered use plus fixed charges and the total amount billed to the
2.28park owner is the exclusive responsibility of the park owner.
2.29(h) A billing statement provided to each resident for utility service under this
2.30subdivision must identify (1) the amount of the resident's actual use of water for the billing
2.31period, (2) the rate charged to the resident, including any calculations performed, for each
2.32utility service billed, and (3) any fixed charges apportioned under paragraph (f).

2.33    Sec. 6. Minnesota Statutes 2010, section 327C.04, is amended by adding a subdivision
2.34to read:
3.1    Subd. 6. Water and sewer; initial installation. (a) A park owner shall provide
3.2notice to each resident two months prior to the installation of a water measuring device for
3.3use under subdivision 5.
3.4(b) Prior to or with the initial separate bill to a resident for utility service under
3.5subdivision 5, the park owner shall:
3.6(1) reduce the resident's monthly rent in an amount equal to the monthly average of
3.7the resident's proportional share of the total amount billed over the previous 12 months to
3.8the park owner by the appropriate public water supplier for the utility service; or
3.9(2) waive the resident's next regularly scheduled rent increase as otherwise permitted
3.10in section 327C.06, subdivision 3, over the subsequent 12-month period.

3.11    Sec. 7. Minnesota Statutes 2010, section 327C.04, is amended by adding a subdivision
3.12to read:
3.13    Subd. 7. Water and sewer; water measurement device. A water measuring
3.14device used under subdivision 5 must be:
3.15(1) certified, at the time of installation, as being in compliance with appropriate
3.16national standards produced by (i) the American Water Works Association (AWWA), (ii)
3.17the American Society of Mechanical Engineers (ASME), or (iii) the American National
3.18Standards Institute (ANSI);
3.19(2) equipped with a manual or digital display that is readily accessible to the park
3.20owner and a resident; and
3.21(3) installed in accordance with the plumbing code, as defined in section 326B.42,
3.22subdivision 7.

3.23    Sec. 8. Minnesota Statutes 2010, section 327C.04, is amended by adding a subdivision
3.24to read:
3.25    Subd. 8. Disputes. A park owner who separately bills residents for utility service
3.26shall:
3.27(1) promptly investigate a complaint from a resident claiming a billing error or
3.28metering defect;
3.29(2) make any adjustment required in a timely manner;
3.30(3) if no adjustment is made, provide supporting documents or other information
3.31justifying a determination that the billing was correct; and
3.32(4) if the resident timely pays the average of the last three billing periods, refrain
3.33from taking any collection or any other adverse action against the resident for the amount
3.34of the alleged error until the park owner has complied with clauses (1), (2), and (3) above."
3.35Renumber the sections in sequence and correct the internal references
3.36Amend the title accordingly