Chapter 02. Approval Required by the Commission

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:

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.

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.