The regulations contained in this subtitle govern the use of energy allocation systems which allocate to an occupant of an individual dwelling unit a portion of the cost of gas and electric energy consumed in an apartment house based upon devices which indirectly approximate use of gas or electric energy. An energy allocation system may not be used unless approved by the Commission under this subtitle. This subtitle does not apply to submeters which are governed by the provisions of COMAR 20.25. In this subtitle, the following terms have the meanings indicated. Terms Defined. “Apartment house” means a building containing more than two dwelling units all of which are rented primarily for a non-transient use, with rentals paid at intervals of one week or longer. Apartment house includes residential condominiums and cooperatives, whether rented or owner occupied. “Approximate energy use” means the gas or electricity use within a dwelling unit as determined by an energy allocation system. “Commission” means the Public Service Commission of Maryland. “Dwelling unit” means a room or rooms suitable for occupancy as a residence containing kitchen and bathroom facilities. “Energy allocation equipment” means a measuring device or other equipment used to determine approximate energy use by a means other than the actual measurement of consumption of gas or electricity. “Energy allocation system” means a method of determining the approximate energy use consumed within a dwelling unit with the use of a measuring device. “Estimated energy costs” means the cost of gas or electricity which is reasonably expected to be allocated to an occupant under an energy allocation system. “Measurement unit” means the measure of the characteristic recorded by a measuring device. “Measuring device” means a device which measures furnace operating or running time, baseboard pipe temperature or other characteristics used to determine approximate energy use. “Occupant” means the resident of a dwelling unit in an apartment house. “Owner” means a person or entity holding legal title to an apartment house or the board of directors or similar body of a residential condominium or cooperative. Owner includes an authorized agent of an owner. “Utility” means the public service company which supplies gas or electric service to the apartment house. “Vendor” means the entity which provides the energy allocation equipment and billing services to an owner. An owner shall file an application with the Commission for approval of an energy allocation system. The application shall include the following information: The name and address of the owner; The name and address of the general partner, if the owner is a partnership; The name and address of the management agent, if any; The name and address of the apartment house; The number of individual dwelling units; A description of the energy allocation system, including a technical description of the energy allocation equipment; A description of the method for converting a measurement unit into approximate energy use; A description of the method for calculating the energy costs directly billed to an occupant, including the calculation of a per unit energy cost; A copy of all written information provided to an occupant including lease terms; and A copy of the proposed billing format. The owner shall submit to the Commission an original and 14 copies of the application. The owner shall mail a copy of the application to the Consumer Protection Division, Office of The Attorney General, c/o “Energy Allocation Systems”. The Commission may waive all or a portion of this subtitle if unreasonable hardship results. Public Utilities Article, §7-304, Annotated Code of Maryland Effective date: Previously codified as 20.26.01.01—.03 and 20.26.02.01 and .02, adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R. 3125 Regulations .01—.05 adopted effective May 15, 1989 (16:9 Md. R. 995) The Commission may approve an energy allocation system upon a demonstration by the owner that the system results in a reasonable determination of the cost of the energy use within a dwelling unit. The Commission may require testing and inspection of the energy allocation equipment. The Commission may require testing and inspection of any furnace, appliance, or other equipment used in conjunction with the energy allocation system. An owner using an energy allocation system shall directly bill an occupant only for the cost of the approximate energy use within a dwelling unit as determined through the use of energy allocation equipment. An owner using an energy allocation system may not directly bill an occupant for: The cost of gas or electricity consumed in the operation of the apartment house that is not consumption within a dwelling unit as approximated by the use of an energy allocation system; Administrative fees or charges. The owner shall include in each direct billing of energy costs to the occupant the following information: Bill date (the date the bill was prepared); Time period covered by the bill (billing period); Readings of the measurement device at the beginning and at the end of the billing period; Number of the measurement units recorded by the measuring device; Approximate energy use; Per unit energy charge; Total energy costs billed to the occupant; A statement that the bill is not from the utility; and A local or toll-free telephone number for billing inquiries. If the energy allocation system has been approved by the Commission, the owner may not render substitute bills, unless the energy allocation system has been tampered with or is out of order. A substitute bill shall be distinctly marked as such. The substitute bill shall be based on consumption for a similar billing period in the affected unit, if available, or if not available the substitute bill shall be an average of the bills rendered to all similarly sized units in the apartment house. If none of the above data is available then the substitute bill shall be based upon a square footage allocation. The owner shall bill an occupant for energy costs within 20 days after the owner receives the master meter bill from the utility. The owner shall read the measuring devices within 5 working days of the date the utility reads the master meter. An owner can not consider a bill for energy costs past due earlier than 20 days from the date of the rendering of the bill to the occupant. The owner shall obtain monthly reports from the vendor which identify incidences of unusually high or low usage for dwelling units. The owner shall investigate any unusually high or low usage and, if it is found that a problem exists, or if a written complaint has been filed by the occupant, the owner shall provide a written explanation to the occupant within 20 days of receipt of the monthly report from the vendor. The owner shall take appropriate action to correct the unusually high or low usage caused by factors under the control of the owner. Billing Records. A record associated with the computation of energy costs billed to an occupant shall be maintained for a period of 2 years. The owner shall maintain the following records: The bills from the utility to the owner for the preceding 24 months; The calculation of the average cost of electricity and gas for each of the preceding 24 months; and The readings of the measuring device in the dwelling unit of the occupant for each of the preceding 24 months. Upon request by an occupant, the owner shall make available for inspection the records maintained under § A(2). The owner shall maintain a record of all measuring devices showing an identification number and its location. The owner shall maintain a record of all written complaints received and copies of the inspection reports prepared under COMAR 20.26.03. Public Utilities Article, §7-304, Annotated Code of Maryland Effective date: Previously codified as 20.26.03.01—.03; adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R. 3125 Regulations .01—.07 adopted effective May 15, 1989 (16:9 Md. R. 995) Regulation .05A amended effective May 28, 1990 (17:10 Md. R. 1219) An owner shall disclose in writing to a current or prospective occupant prior to the execution or modification of a lease: That the owner will directly bill the occupant for energy costs as determined by an energy allocation system; and The estimated energy costs reasonably expected to be incurred by the occupant calculated in a manner as described in Regulation .03 of this chapter. The owner shall disclose in writing to a current or prospective occupant all material aspects of the energy allocation system including, but not limited to: The measurement unit recorded by the measuring device; The method for converting measurement units into the approximate energy use and the energy costs; The method for calculating the per unit charge for energy consumed; How questions and complaints of an occupant concerning bills will be answered by the owner; and A statement that the energy allocation system: Approximates the amount of gas or electricity consumed in the dwelling unit by use of an energy allocation or conversion formula, and Does not measure the actual use of gas or electricity. An owner who has previously determined the approximate energy usage for a dwelling unit by the use of an energy allocation system, including use of a system before the promulgation of the regulations, shall disclose to a current or prospective occupant: The highest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months; The lowest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months; The average monthly energy cost billed to the same dwelling unit for the preceding 12 months including only months the dwelling unit was leased for the entire month; and The average monthly energy costs billed to similar sized leased dwelling units in the preceding 12 months. If the owner has not previously used an energy allocation system within the apartment house: The owner shall disclose estimated energy costs in the following priority based on: Actual billing to similar sized dwelling units in other apartment houses within the same apartment house complex, The actual operating experience of the vendor for similar sized dwelling units in other apartment house complexes of comparable age, size, equipment, and geographic location, or A square footage allocation derived from gas or electric bills received by the owner from the utility with a reasonable allowance for common usage and, if necessary, seasonally adjusted; The owner shall provide the estimated energy costs required in §B(1) in terms of an average monthly bill, the highest monthly bill, and the lowest monthly bill. The owner shall provide to the current or prospective occupant the document “Influences on Energy Usage and Costs” prepared by the Consumer Protection Division. The owner shall disclose in writing to the prospective or current occupant the nature and extent of the weatherization of the apartment unit including, but not limited to the extent of insulation of walls and ceiling, the age of the energy device (for example, furnace) and the directional exposure (for example, north, south) of the unit. If an occupant contacts the owner concerning the correctness of the energy costs billed to an occupant: The owner shall provide to the occupant a complaint form available from the Commission and request the occupant to complete the form; The owner shall provide the occupant with the name and address of the apartment house manager or other person who will receive the completed complaint form; The owner shall provide the occupant with written confirmation from the vendor within 15 business days of receiving a written complaint from an occupant that the bill does not contain a clerical, mathematical, or computational error; If the bill in question does not contain an error described in §C, the owner shall inspect the energy allocation equipment and the dwelling unit of the occupant; The owner shall provide the occupant with a copy of the written results of the inspections conducted pursuant to the requirement in §D, prepared on forms available from the Commission, within 30 days of the receipt of the complaint; The failure of the occupant to complete the occupant complaint form does not relieve the owner of the requirements of this section; The owner shall also provide to the occupant in writing, along with the written reports required under §E, what, if any, remedial actions have been or will be taken. If the complaint has not been resolved, the owner shall advise the occupant in writing that a formal complaint concerning an amount billed to the occupant pursuant to an energy allocation system may be filed with the Consumer Protection Division, Office of the Attorney General. Public Utilities Article, §7-304, Annotated Code of Maryland Effective date: Previously codified as 20.26.04.01—.04 and 20.26.05.01 and .02, adopted as an emergency provision effective July 19, 1988 (15:17 Md. R. 2046); emergency status extended at 15:27 Md. R. Regulations .01—.06 adopted effective May 15, 1989 (16:9 Md. R. 995)