# COMAR Title 20 — Public Service Commission

## Subtitle 26 — Energy Allocation Systems

### Chapter 03 — Disclosure of Estimated Energy Costs and Complaint Procedure

**Authority:** Public Utilities Article, §7-304, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** 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.

**Administrative History:** Regulations .01—.06 adopted effective May 15, 1989 (16:9 Md. R. 995)

#### Regulation .01 General Requirement.

*COMAR 20.26.03.01*

An owner shall disclose in writing to a current or prospective occupant prior to the execution or modification of a lease:

(1) That the owner will directly bill the occupant for energy costs as determined by an energy allocation system; and

(2) The estimated energy costs reasonably expected to be incurred by the occupant calculated in a manner as described in Regulation .03 of this chapter.

#### Regulation .02 Disclosure of the Use of Energy Allocation System.

*COMAR 20.26.03.02*

A. 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:

  (1) The measurement unit recorded by the measuring device;

  (2) The method for converting measurement units into the approximate energy use and the energy costs;

  (3) The method for calculating the per unit charge for energy consumed;

  (4) How questions and complaints of an occupant concerning bills will be answered by the owner; and

  (5) A statement that the energy allocation system:

    (a) Approximates the amount of gas or electricity consumed in the dwelling unit by use of an energy allocation or conversion formula, and

    (b) Does not measure the actual use of gas or electricity.

#### Regulation .03 Estimated Energy Costs.

*COMAR 20.26.03.03*

A. 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:

  (1) The highest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months;

  (2) The lowest monthly energy cost billed to the same dwelling unit in a month the dwelling unit was leased during the preceding 12 months;

  (3) 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

  (4) The average monthly energy costs billed to similar sized leased dwelling units in the preceding 12 months.

B. If the owner has not previously used an energy allocation system within the apartment house:

  (1) The owner shall disclose estimated energy costs in the following priority based on:

    (a) Actual billing to similar sized dwelling units in other apartment houses within the same apartment house complex,

    (b) 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

    (c) 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;

  (2) 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.

#### Regulation .04 Disclosures of Influences on Energy Usage and Costs.

*COMAR 20.26.03.04*

A. The owner shall provide to the current or prospective occupant the document “Influences on Energy Usage and Costs” prepared by the Consumer Protection Division.

B. 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.

#### Regulation .05 Procedure for Handling Occupant Complaints.

*COMAR 20.26.03.05*

If an occupant contacts the owner concerning the correctness of the energy costs billed to an occupant:

A. The owner shall provide to the occupant a complaint form available from the Commission and request the occupant to complete the form;

B. 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;

C. 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;

D. 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;

E. 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;

F. The failure of the occupant to complete the occupant complaint form does not relieve the owner of the requirements of this section;

G. 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.

#### Regulation .06 Referral to Consumer Protection Division.

*COMAR 20.26.03.06*

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.