1676

LAWS OF MARYLAND

Ch. 497

OWNER, OPERATOR, OR MANAGER ELECTS TO INSTALL SUBMETERS, THE
OWNER, OPERATOR, OR MANAGER SHALL DETERMINE THE AMOUNT OF
ELECTRIC COSTS SAVED AND PASS THIS AMOUNT ON TO THE OCCUPANT
OF THE DWELLING UNIT AS A REDUCTION IN RENT OR PAYMENT.

(C)          IN ADDITION TO OTHER APPROPRIATE SAFEGUARDS FOR
THE TENANT OCCUPANT OF THE DWELLING UNIT, THESE RULES AND
REGULATIONS SHALL REQUIRE THAT:

(1)          AN APARTMENT HOUSE OWNER, OPERATOR, OR
MANAGER MAY NOT IMPOSE ON THE TENANT ANY CHARGES, OVER AND

ABOVE THE COST PER KILOWATT HOUR WHICH IS CHARGED BY THE

UTILITY COMPANY TO THE OWNER, INCLUDING ANY ANY DWELLING

UNIT ANY UTILITY COST EXCEPT CHARGES AUTHORIZED BY THE

PUBLIC SERVICE COMMISSION AND ACTUALLY IMPOSED BY THE

UTILITY UPON THE OWNER, OPERATOR, OR MANAGES, WHICH CHARGES

HAVE BEEN ALLOCATED AMONG THE DWELLING UNITS IN THE

APARTMENT BUILDING IN PROPORTION TO THE ACTUAL USAGE OF

KILOWATT HOURS BY THE DWELLING UNIT, LOCAL UTILITY TAX IF

ANY. HOWEVER, AN ADDITIONAL SERVICE CHARGE NOT TO EXCEED $1
PER UNIT PER MONTH MAY BE COLLECTED TO COVER ADMINISTRATIVE
COSTS AND BILLING; AND

(2)    THE APARTMENT HOUSE OWNER, OPERATOR, OR
MANAGER MAINTAIN ADEQUATE RECORDS REGARDING SUBMETERING AND
MAKE SUCH RECORDS AVAILABLE FOR INSPECTION BY THE TENANT

OCCUPANT OF THE DWELLING UNIT DURING REASONABLE BUSINESS

HOURS.

(D)    ANY RULE, REGULATION, OR STANDARD PROMULGATED BY
THE COMMISSION PURSUANT TO THIS SECTION SHALL BE DEEMED TO
HAVE BEEN ENTERED OR ADOPTED UNDER ARTICLE 78, AND FOR

PURPOSES OF ENFORCEMENT, BOTH UTILITY COMPANIES AND THE

OWNERS, OPERATORS, OR MANAGERS OF APARTMENT HOUSES INCLUDED

IN THIS SECTION UTILITY COMPANIES ARE SUBJECT TO ENFORCEMENT
PURSUANT TO § 62 AND § 101 OF THIS ARTICLE- ALL SUBMETERING
EQUIPMENT SHALL BE SUBJECT TO THE SAME RULES, REGULATIONS,
AND STANDARDS ESTABLISHED BY THE PUBLIC SERVICE COMMISSION
FOR ACCURACY, TESTING, AND RECORD KEEPING OF METERS
INSTALLED BY ELECTRIC UTILITIES AND SHALL BE SUBJECT TO THE
METER REQUIREMENTS OF § 51 AND § 52 OF THIS ARTICLE.

(E) IN IMPLEMENTING THIS SECTION, AN APARTMENT HOUSE

MAY NOT BE CONSIDERED A PUBLIC SERVICE COMPANY ENGAGED IN

THE BUSINESS OF DISTRIBUTING OR RESELLING ELECTRICITY, AND

THE APARTMENT HOUSE SHALL BE LIMITED IN ALL RESPECTS TO

USING METERING EQUIPMENT FOR THE FAIR ALLOCATION OF THE

COSTS OF ELECTRIC SERVICE AMONG THE OCCUPANTS USING THE

APARTMENT HOUSE IN ACCORDANCE WITH SUBSECTION (C) ABOVE.

(F) ANY COMPLAINT BY AN OCCUPANT OF A DWELLING UNIT

AGAINST AN OWNER, OPERATOR, OR MANAGER ARISING OUT OF THIS

SECTION MAY BE HANDLED IN THE COUNTY OR MUNICIPAL

CORPORATION WHERE THE APARTMENT HOUSE IS LOCATED BY THE

COUNTY'S OR MUNICIPAL CORPORATION'S LANDLORD - TENANT

COMMISSION, IF ONE EXISTS; IF NOT, THEN BY THE CONSUMER

PROTECTION AGENCY OF THE COUNTY OR MUNICIPAL CORPORATION, IF
ONE EXISTS; IF NOT, THEN BY THE CONSUMER PROTECTION DIVISION