Latest News

November 6-7
Saftey Harbor Resort and Spa 
Safety Harbor, FL  

We will host an evening event for all attendees on the 6th
The annual meeting will be held on the 7th from 8:00am-4pm.  

 

Sneak Peak of the Day - More to be Announced: 

• Presentation from Cooper Cardinal - Impact on submetering
• Emerging Technology Panel with MTW, H2O, and QMC 
• Government Affairs Committee 
  • Overall update on legislative activity
  • Ohio, California Weights & Measures, and much more 
  • Open Forum with Q&A
    • Do you have a question you would like to hear from the GAC about - please email the Executive Director 
• IT Security Presentation  

The Annual Meeting will take place at the Safety Harbor Resort and Spa on November 6-7

Each guest must make their own reservations by calling 727-726-1161 and ask for In-House Reservations/ext. 7100 by October 7, 2024 or use our group link at the hotel below

Safety Harbor Resort and Spa Room Block

Please identify yourself as members of the UMCA Annual Fall Meeting Group. Room rates are $169, $189 and $199 per night depending on the room you select.

UMCA is excited to announce that we will be at the NAA Apartmentalize 2025 Conference on June 11-13 at the Las Vegas Convention Center

See us at booth 1911!

We encourage current members to volunteer their time throughout the show to help staff the booth and show support for the association. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the booth.

We hope to see everyone in Las Vegas!

Federal 

• Federal Trade Commission FTC Proposes Rule to Ban Junk Fees.  Proposed rule would prohibit hidden and falsely advertised fees. NAA reports FTC continues to have no action on this matter

Western Region

Hawaii: 

• The new pilot program for Time of Use Rates started on Feb. 1, 2024 with randomly selected customers who have had advanced meters for at least six months. This 1-year pilot program involves about 16,000 on Oahu and Hawaii Island. The pilot will collect data and feedback which will allow the PUC to determine how this program will apply to customers.  The Shift and Save may be introduced to all customers in 2025 dependent on the outcome of the pilot.  

Midwestern Region

Minnesota:  

• MN Senate Bill 4579, House Bill 4558 -  providing for and regulating single-metered utility service in residential buildings.  Submetering of Electric and gas will be permitted if utility will not directly meter. 

Ohio: 

• Submetering in Ohio has received negative attention from the local CBS news affiliate. A tenant expressed dissatisfaction with their bill from a submetering company, and a representative from the Public Utilities Commission of Ohio (PUCO) suggested that these companies should be regulated. The Government Affairs Committee is working on a response and will inform you if any action is required.   Ohio WBNS Article 

Southern Region

Texas: 

• The PUC proposed a plan to review all commission rules to determine whether they are still applicable. The substantive rules for Water/Sewer are scheduled to begin review on September 1, 2026. Electric to begin review November 1, 2025.

Florida: 

• On Friday, March 31, 2023, the committee proposed a substitute removing all of the proposed changes to 489.117, Florida Statutes, and instead amending 163.211, Florida Statutes, as follows:

  (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. — The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:

  (a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2025 (was July 2024) 

The Call for Nominations is now open for three Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums.

This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director. In order to be eligible, you must be a current member for at least one year and in good standing.

Elections will be held during the Fall Meeting on November 7th. All bios should be submitted by October 31st.

UMCA is excited to announce that we will be at the  NAA Apartmentalize 2024  Conference on June 20-21 at the Pennsylvania Convention Center in Philadelphia. 

Come stop by booth 549!

Thank you to our current members who are volunteering their time throughout  the show to help staff the booth and show support for the association. 

Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the booth. 

We hope to see everyone in Philadelphia! 

November 6-7, 2024
The meeting will be held in Tampa, Fl 

We will host an evening event for all attendees on the  6th with  the annual meeting held on the  7th from 8:30am-4pm.  

RSVP and Book your Hotel Reservations NOW! 
Click on the button below 

More details about the event will be coming soon!   
 

Fall Meeting Partnership Opportunities

If you are interested in becoming more active within UMCA but don't know where to start, become an event sponsor at the 2024 Annual Fall Meeting. A sponsorship from your organization will enable us to have the best event possible.

• Fall Meeting Sponsor Package $500: Sponsor the meeting and Increase your company’s visibility and participate as the welcome sponsor with name recognition. Sponsors will have a 5-minute introduction about your company to all meeting attendees on November 7^th 

• Sponsor the Fall Meeting Speakers $1,000: Sponsor our speakers to help with their UMCA paid travel expenses. This package allows your company to have branded items and signage at the meeting on November 7^th

• Evening Reception Sponsor Package $2,000: Sponsor the reception which is the perfect place for attendees to renew old friendships, business relationships and to cultivate new ones.  Attendees will appreciate your company’s hospitality at this very special social event. Sponsorship allows your company to have branded items and signage on the table at the event on November 6^th

We would love to hear your input!  Are there any topics you are interested in hearing about?  Do you have a contact for a potential speaker that the attendees would like to see?  Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.  

RSVP UMCA 2024 Fall Meeting

The Annual Meeting will take place at the Safety Harbor Resort and Spa on November 6-7

Each guest must make their own reservations by calling 727-726-1161 and ask for In-House Reservations/ext. 7100 by October 7, 2024.

Please identify yourself as members of the UMCA Annual Fall Meeting Group. Room rates are $169, $189 and $199 per night depending on the room you select.

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for three Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums.

This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director. In order to be eligible, you must be a current member for at least one year and in good standing.

Elections will be held during the Fall Meeting on November 7th. All bios should be submitted by October 31st.

Federal 

• Federal Trade Commission FTC Proposes Rule to Ban Junk Fees.  Proposed rule would prohibit hidden and falsely advertised fees.

Western Region

California:

• City of Mountain View - Utilities Charges and RUBS
  • For New Tenancies starting March 1, 2024:
    • RUBS is not allowed.
    • Total rent must include utilities.
    • Rental Agreement must state the total rent amount and specify the types of utilities and housing service fees included (e.g., water, garbage, sewer, parking, pet fee).
    • Utility charges paid directly by tenant to utility service provider (such as PG&E) or
      sub-metered utilities are exempt.

    • The landlord is required to provide one total monthly rent amount (one number that encompasses all fixed utility charges) in the rental agreement. The rental agreement must state which housing services and utilities are included in the rent amount (e.g., they must mention that rent includes the following utilities: water, garbage, trash, electricity, etc.).  

Hawaii: 

• Conversion of all multi-family users to Time of Use Rates. Pilot program to be released in January 2024 to allow for six months of public comment until the scheduled commencement date of July 1, 2024.  

Midwestern Region

Indiana:

• UMCA/IAA comments sent on proposed amendments to the Commission’s sub-billing rule,  170 IAC article 15 . Changes were proposed by full commission and are open for Public Comment until June 16th of size or age of the building.  

Ohio: 

• Submetering in Ohio has received negative attention from the local CBS news affiliate. A tenant expressed dissatisfaction with their bill from a submetering company, and a representative from the Public Utilities Commission of Ohio (PUCO) suggested that these companies should be regulated. The Government Affairs Committee is working on a response and will inform you if any action is required.  Ohio WBNS Article 

Southern Region

North Carolina:

• NCUC has authority to grant flat rate for water/sewer where utility provider charges a flat rate. Lessors allow equally allocation of water/sewer. Student Housing. Comments submitted.  

Texas: 

• GAC is working collectively with industry organizations  in case opportunities to re-write legislation or influence regulations that come up.  

Florida: 

• On Friday, March 31, 2023, the committee proposed a substitute removing all of the proposed changes to 489.117, Florida Statutes, and instead amending 163.211, Florida Statutes, as follows:

  (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. — The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:

  (a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2024 (was July 2023) 

  Florida Legislature - Licensing Cancellation Deadline to 2024

Eastern Region

Pennsylvania:

• The PA Dept of Environment Protection is treating all submetered properties which bill for water and which have more horizontal water lines than vertical as consecutive water systems under the federal safe drinking water act.  To date this impacts only manufactured housing at this time - impacts on multi-family expected.  

New York City:

• NYPSC registration requirement - Case Number: 23-M-0106 In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t.  Declaratory ruling: The Commission determined that submeterers and submetering services as a group do not qualify on their face fall as brokers or consultants, but could individually qualify as such if they engage in broker or consultant activities in addition to their submetering services.

We had a great turnout for our Q2 membership webinar that we hosted on May 8th. The UMCA Board of Directors would like to thank the 40+members that attended. We hope everyone found the call informative and engaging.

During the webinar we highlighted the UMCA activities for 2024, our Government Affairs Committee gave an update on the the current legislative issues that they are monitoring. We had an open forum discussion with the membership on Junk Fees and the potential impacts.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

UMCA is excited to announce that we will be at the  NAA Apartmentalize 2024  Conference on June 19-21 in Philadelphia - Come visit us at booth 549

We encourage current members to volunteer their time throughout the show to help staff the booth and show support for the association - the Association will get you a exhibtor badge at a reduced rate for volunteering in the booth. 

Please contact the  UMCA Executive Director if you have any questions or are interested in helping out in the booth. 

We hope to see everyone in Philadelphia!

The membership voted and we will see everyone in Tampa, FL for the October 2024 Fall Meeting. We will host an evening event for all attendees the night before the annual meeting

October - Final date to be announced soon

More details about the event will be coming soon!   

We would love to hear your input!  Are there any topics you are interested in hearing about?  Do you have a contact for a potential speaker that the attendees would like to see? Please contact the   UMCA Executive Director  if you have any additional suggestions for the Fall Meeting.  

Western Region

California: 

• Dept Measurement Standards (DMS) is actively modifying their interpretation and enforcement of rules impacting testing, installation and billing practices. 

 

• City of Mountain View - Changes to Utility Billing and RUBS for Fully-Covered CSFRA Units
  • RUBS is not allowed.
  • Total rent must include utilities.
  • Rental Agreement must state the total rent amount and specify the utility charges and fees included (e.g., water, garbage, sewer, parking, pet fee).
  • Utility charges paid directly by tenant to utility service provider or sub-metered utilities are exempt and still allowed.

Hawaii: 

• Conversion of all multi-family users to Time of Use Rates. Pilot program to be released in January 2024 to allow for six months of public comment until the scheduled commencement date of July 1, 2024.  

Midwestern Region

Indiana:

• UMCA/IAA comments sent on proposed amendments to the Commission’s sub-billing rule, 170 IAC article 15. Changes were proposed by full commission and are open for Public Comment until June 16thss of size or age of the building.  

Ohio: 

• Engagement underway on amendment to budget bill.  PSC ruled that NEP was not a utility company and therefore not subject to utility regulations.  Ohio office of Consumer Counsel put out communication on this and mentioned that there would be regulations forthcoming. Rehearing was granted - Case 21-0990-EL-CSS

Southern Region

North Carolina:

• NCUC has authority to grant flat rate for water/sewer where utility provider charges a flat rate. Lessors allow equally allocation of water/sewer. Student Housing. Comments submitted

Texas: 

• GAC is working collectively with industry organizations  in case opportunities to re-write legislation or influence regulations that come up.  

Florida: 

• On Friday, March 31, 2023, the committee proposed a substitute removing all of the proposed changes to 489.117, Florida Statutes, and instead amending 163.211, Florida Statutes, as follows:

  (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE. — The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:

  (a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2024 (was July 2023) 

  Florida Legislature - Licensing Cancellation Deadline to 2024

Eastern Region

Pennsylvania:

• The PA Dept of Environment Protection is treating all submetered properties which bill for water and which have more horizontal water lines than vertical as consecutive water systems under the federal safe drinking water act.  To date this impacts only manufactured housing at this time - impacts on multi-family expected.  

New York City:

• NYP SC registration requirement -  Case Number: 23-M-0106 In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t.  This may impact submetering, clarification from PSC is pending. 

Canada 

• British Columbia UC found that by adding charges beyond traditional submetering charges an RBC company was considered a utility.  BCUC  Wyse Meter Solutions Inc. Status as a Public Utility

We had a great turnout for our Q1 membership webinar that we hosted on February 7th. The UMCA Board of Directors would like to thank the 40+members that attended. We hope everyone found the call informative and engaging.

During the webinar we highlighted the UMCA activities for 2024, our Government Affairs Committee gave an update on the the current legislative issues that they are monitoring. We had an amazing speaker from Nevada who represents the Nevada Apartment Association and discussed SB381 and the potential impacts of the legislation.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

The UMCA Board would like to thank everyone who attended this year's meeting in Denver, CO. We had an amazing turnout.

During the meeting the Board showcased the state of the association, the progression of our marketing initiatives and the current legislative update by members of the Government Affairs Committee.

We had amazing presentations by our very own members

• Lindsay Roach, Yardi - presentation on California Weights & Measures
• Troy Hull, Leviton - presentation on Energy Codes & Implications on the Multi-Family Industry

We were excited to be joined by representatives from Oregon, Colorado and Texas who presented on the legislative landscape within those states.

• Oregon - Michael Althouse, Andor Law
• Texas - David Mintz, Mintz Consulting
• Colorado - Drew Hamrick, NAA of Metro Denver
• Colorado - Tawny Petyon, Rocky Mountain Home Association

The membership voted and the location for the 2024 Fall Meeting will be held in Tampa, FL - October timeframe - Date TBD. Hope to see everyone in Tampa!

There was a call for candidates at the UMCA Fall Meeting in October for two open Board seat positions within the association. Thank you to those members that were interested in being part of the Board of Directors.

• UMCA would like to announce that Fred Rice and Brian Stone were re-elected for another 3-year term

UMCA Board of Directors

• Fred Rice, Spectrum Utilities
• Jerry Baker, National Exemption Service
• Brian Stone, Multifamily Utility Company
• Troy Hull, Leviton
• Phil Neeves, Minol
• Jeff Peterson, RealPage
• Arthur Blankenship, Argen

The UMCA Board of Directors will be attending their annual spring meeting in Safety Harbor, FL in March 2024.

UMCA is excited to announce that we will be at the NAA Apartmentalize 2024 Conference on June 19-21 in Philadelphia - Come visit us at booth 549

We encourage current members to volunteer their time throughout the show to help staff the booth and show support for the association. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the booth.

We hope to see everyone in Philadelphia!

Western Region

California:

• Dept Measurement Standards (DMS) is actively modifying their interpretation and enforcement of rules impacting testing, installation and billing practices

Colorado:

• Commission recently modified its regulations to include “Master Meter Operator” within its water and sewer limitations. 4 CCR 723-5:5001 and 4 CCR 723-5:5111 PUC claims to have jurisdiction over ALL entities.

Nevada:

• SB₃8₁ - amended NRS₁₁8A.₂₉₀ to prohibit landlords from requiring tenants to pay any fee or other charge (including home warranty deductibles or copayments) to perform repairs, maintenance tasks, or other work which the landlord has a duty to perform to maintain the unit in a habitable condition - effective date was 07/01/23.

Midwestern Region

Indiana:

• UMCA/IAA comments sent on proposed amendments to the Commission’s sub-billing rule, ₁₇₀ IAC article _15. Changes were proposed by full commission and are open for Public Comment until June 16thss of size or age of the building. The ruling by the commission is out. The GAC's internal review is tabled until January at which there will be more information.

Ohio:

• Engagement underway on amendment to budget bill. PSC ruled that NEP was not a utility company and therefore not subject to utility regulations. Ohio office of Consumer Counsel put out communication on this and mentioned that there would be regulations forthcoming. Rehearing was granted - Case 21-0990-EL-CSS

Southern Region

North Carolina:

• NC H217 has several chapters regarding master metering and submetering: passed and signed. Addition to bill for central systems. VRF/VRV not a central system, so that might not apply or be permitted. NCUC needs to add to their rules will take time to work out: opportunity; monitored via NCUC electric department contact. NCUC not acting on rule
• NCUC has authority to grant flat rate for water/sewer where utility provider charges a flat rate. Lessors allow equally allocation of water/sewer. Student Housing. Comments submitted

Texas:

• GAC is working collectively with industry organizations in case opportunities to re-write legislation or influence regulations that come up.

Florida:

• On Friday, March 31, 2023, the committee proposed a substitute removing all of the proposed changes to 489.117, Florida Statutes , and instead amending 163.211, Florida Statutes, as follows:
  
  (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.
  — The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:
  
  (a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2024 (was July 2023)
  
  Florida Legislature - Licensing Cancellation Deadline to 2024

Eastern Region

Pennsylvania:

• The PA Dept of Environment Protection is treating all submetered properties which bill for water and which have more horizontal water lines than vertical as consecutive water systems under the federal safe drinking water act. To date this impacts only manufactured housing at this time - impacts on multi-family expected.

New York City:

• NYPSC registration requirement - Case Number: 23-M-0106In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t. This may impact submetering, clarification from PSC is pending.

Canada

• British Columbia UC found that by adding charges beyond traditional submetering charges an RBC company was considered a utility. BCUC Wyse Meter Solutions Inc. Status as a Public Utility

When: Thursday, October 19, 2023
8:00am-4:00pm

Where: The Brown Palace
321 17th St, Denver, CO

We are hosting an evening reception at 6pm on Wednesday, October 18th for all attendees. More information will be sent to the attendees closer to the date.

The Brown Palace
321 17th St, Denver, CO

Room Rate of $279 per night (plus tax.) To book a room please select the link below. Reservations must be made by Tuesday, September 26th to guarantee the special room rate.

Hotel Room Reservations

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for two Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums.

This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director. In order to be eligible, you must be a current member for at least one year and in good standing.

Elections will be held during the Fall Meeting on October 19th. All bios should be submitted by September 30, 2023.

Western Region

California:

• Dept Measurement Standards (DMS) is actively modifying their interpretation and enforcement of rules impacting testing, installation and billing practices.

Colorado:

• Commission recently modified its regulations to include “Master Meter Operator” within its water and sewer limitations. 4 CCR 723-5:5001 and 4 CCR 723-5:5111 PUC claims to have jurisdiction over ALL entities.
• CO HB23-1095 limits fees billed to tenants to those charge by third party vendors. Sent to Govenor 5/5/23.

Nevada:

• SB₃8₁ - amended NRS₁₁8A.₂₉₀ to prohibit landlords from requiring tenants to pay any fee or other charge (including home warranty deductibles or copayments) to perform repairs, maintenance tasks, or other work which the landlord has a duty to perform to maintain the unit in a habitable condition - effective date was 07/01/23.

Midwestern Region

Indiana:

• UMCA/IAA comments sent on proposed amendments to the Commission’s sub-billing rule, ₁₇₀ IAC article _15. Changes were proposed by full commission and are open for Public Comment until June 16thss of size or age of the building. UMCA GAC is currently researching impact on our industry.

Southern Region

North Carolina:

• NC H217 has several chapters regarding master metering and submetering: passed and signed. Addition to bill for central systems. VRF/VRV not a central system, so that might not apply or be permitted. NCUC needs to add to their rules will take time to work out: opportunity; monitored via NCUC electric department contact. NCUC not acting on rule
• NCUC has authority to grant flat rate for water/sewer where utility provider charges a flat rate. Lessors allow equally allocation of water/sewer. Student Housing. Comments submitted

Texas:

• Texas is considering a rewrite of submetering regulations. GAC is working collectively with industry organizations to influence change to current statutes and regulations impacting our industry

Florida:

• On Friday, March 31, 2023, the committee proposed a substitute removing all of the proposed changes to 489.117, Florida Statutes , and instead amending 163.211, Florida Statutes, as follows:
  
  (2) PREEMPTION OF OCCUPATIONAL LICENSING TO THE STATE.
  — The licensing of occupations is expressly preempted to the state, and this section supersedes any local government licensing requirement of occupations with the exception of the following:
  
  (a) Any local government that imposed licenses on occupations before January 1, 2021. However, any such local government licensing of occupations expires on July 1, 2024 (was July 2023)
  
  Florida Legislature - Licensing Cancellation Deadline to 2024

Eastern Region

Pennsylvania:

• The PA Dept of Environment Protection is treating all submetered properties which bill for water and which have more horizontal water lines than vertical as consecutive water systems under the federal safe drinking water act

New York City:

• NYPSC registration requirement - Case Number: 23-M-0106 In the Matter of Commission Registration of Energy Brokers and Energy Consultants Pursuant to Public Service Law Section 66-t

UMCA is excited to announce that we will be at the NAA Apartmentalize 2023 Conference on June 8-9 at Georgia World Congress Center in Downtown Atlanta.

Come stop by booth 711!

We encourage current members to volunteer their time throughout the show to help staff the booth and show support for the association. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the booth.

We hope to see everyone in Atlanta.

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for two Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums.

This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director . In order to be eligible, you must be a current member for at least one year and in good standing.

Elections will be held during the Fall Meeting on October 19th. All bios should be submitted by September 30, 2023

Western Region

California:

Dept Measurement Standards (DMS) is actively modifying their interpretation and enforcement of rules impacting testing, installation and billing practices.

Colorado:

Commission recently modified its regulations to include “Master Meter Operator” within its water and sewer limitations. 4 CCR 723-5:5001 and 4 CCR 723-5:5111. PUC claims to have jurisdiction over ALL entities.

CO HB23-1095 limits fees billed to tenants to those charge by third party vendors. Sent to Govenor 5/5/23. Midwestern Region

Indiana:

UMCA/IAA comments sent on proposed amendments to the Commission’s sub-billing rule, 170 IAC article 15 . Changes were proposed by full commission and are open for Public Comment until June 16thss of size or age of the building. UMCA GAC is currently researching impact on our industry.

Southern Region

North Carolina:

North Carolina: Commission opening docket requesting comments to implement charges for water/sewer billing modifications. WR-100 Sub 15.

Texas:

GAC is working collectively with industry organizations to influence change to current statutes and regulations impacting our industry.

Florida:

Miami-Dade proposed rule modifications. Set for public hearing June 13th.

Eastern Region

Pennsylvania:

Dept. of Environmental Protection has an internal policy defining submetered mobile home park owners as Consecutive Water Systems; UMCA engaging NAA and its affiliates for involvement

New York City:

Electric submeters mandated for commercial properties over 25k sq ft by Jan 1st, 2025. Local Law 88, Local Law 132 .

We had a great turnout for our Q2 membership webinar that we hosted on February 10th. The UMCA Board of Directors would like to thank the 30+ members that attended. We hope everyone found the call informative and engaging.

During the webinar we highlighted the UMCA activities for 2023, our Government Affairs Committee gave an update on the the current legislative issues that they are monitoring and we had an amazing regulatory Q&A panel discussion with the regional GAC members.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

The UMCA is excited to announce that we will have a booth at the NAA Apartmentalize 2023 Conference on June 8-9 . Come stop by booth 711. We hope to see everyone in Atlanta!

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

October 18-19, 2023

The membership voted at the meeting in October and we will see everyone in Denver, Colorado for 2023. We will host an evening event for all attendees on the 18th with the annual meeting held on the 19th.

More details about the event will be coming soon!

We would love to hear your input! Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.

Western Region

California:

Owners seeking to retain solar savings without pass-through to tenants; GAC is seeking to ensure practice is acceptable.

Dept. Measurement Standards (DMS) is actively modifying their interpretation and enforcement of rules impacting testing, installation and billing practices.

Colorado:

Commission recently modified its regulations to include “Master Meter Operator” within its water and sewer limitations. 4 CCR 723-5:5001 and 4 CCR 723-5:5111

Arizona:

Proposed legislation requiring mobile home parks to have individual meters for water, gas and elec. AZ HB2778

Midwestern Region

Indiana:

Proposed amendments to the Commission’s sub-billing rule, 170 IAC article 15 , has been ongoing. Changes were proposed by full commission.

Rent Control:

St. Paul rent control ordinance passed. The ordinance caps annual rent increases at 3% per year and is unique in applying to all rental properties across the city, regardless of size or age of the building. UMCA GAC is currently researching impact on our industry.

Iowa currently has proposed rent control measures under review

Southern Region

North Carolina:

Commission opening docket requesting comments to implement charges for water/sewer billing modifications. WR-100 Sub 15.

Texas:

GAC is working collectively with industry organizations to influence change to current statutes and regulations impacting our industry

Eastern Region

New Jersey:

A2390 rent control bill introduced. GAC is monitoring.

We had an amazing turnout for our Q1 membership webinar that we hosted on February 14th. The UMCA Board of Directors would like to thank the 40+ members that attended. We hope everyone found the call informative and worthwhile.

During the webinar we highlighted the UMCA activities for 2023, we had a presentation on the commercial side of the industry on tenant billing and energy conservation and our Government Affairs Committee gave an update on the the current legislative landscape in California, North Carolina, Arizona, Texas and Connecticut.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

The UMCA Board would like to thank everyone who attended this year’s meeting in Scottsdale, AZ. The event was a huge success and it was so great to finally see everyone in person this year.

The UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory updates as well as the state of the association.

In addition, we had several fantastic speakers and panel discussions at this year's event:

• Cathy Hinger, Victoria Bruno, & Katie Gallagher with Womble, Bond, Dickinson who presented on class action lawsuits and impacts to the industry

• Government Affairs Committee team panel discussion with Heather Voltz, EMS3, Franklin Yiron, Yardi, Fred Rice, Spectrum Utilities , Sean Dicks, Edge Utilities , and Jeff Peterson, RealPage. They provided great insight into the definition of resale

• Q&A session on Wireless Technologies which focused on industry direction, product and pipelines with Adam Paul, Next Century , Jimmy Terry, Badger Meter , Tim Reed, Cereniti and Don Millstein, H2O

If any members would like more details or need any follow-up information from the meeting, please contact the UMCA Executive Director. If you were unable to make it to this year's meeting, we hope to see you in 2023

There was a call for candidates for the open Board seat positions within the association and the elections were held during the October Annual Fall Meeting. Thank you to everyone that showed interest in being part of the Board of Directors.

• UMCA would like to announce that Jeff Peterson with RealPage and Troy Hull with Leviton were elected to the UMCA Board of Directors

• A special thank you to Don Millstein for his years of service as Chairman for the UMCA Board of Directors and his continued support of the association

• We say goodbye to Kim Godsey and thank her for her contribution as Vice-Chairman on the UMCA Board of Directors

UMCA Board of Directors:

• Fred Rice , Owner, Spectrum Utilities

•Chairman

• Jerry Baker, Owner, National Exemption Service

•Treasurer

• Brian Stone, Director of Operations, Multifamily Utility Company

•Director

• Scot Haislip, Senior Associate General Counsel, Zego

•Director

• Troy Hull, Director, Leviton

•Secretary

• Jeff Peterson, Vice President-Legal Counsel, RealPage

•Director

• Phil Neeves, General Counsel, Minol (replaced Kim Godsey)

•Director

The UMCA Board of Directors will be attending their annual Spring Meeting in Safety Harbor, FL this year in April 2023.

The UMCA is proud to announce that we will have a booth at the NAA Tradeshow , June 7-9, 2023 in Atlanta, GA. We will be in booth number 711.

To staff the booth we would encourage current members to volunteer their time throughout the show. Typically we have over 20 member companies exhibiting at the conference. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

Western Region

California:

• Owners seeking to retain solar savings without pass-through to tenants; GAC is seeking to ensure practice is acceptable.

Colorado:

• Commission recently modified its regulations to include “Master Meter Operator” within its water and sewer limitations. Effective September 30, 2022 with impact on rates and fees. 4 CCR 723-5:5001 and 4 CCR 723-5:5111

Utah

• GAC is seeking clarity for tenant gas billing as certain utility provider tariffs may be problematic if no changes are made to resale language

Midwestern Region

Illinois:

• SB3992/HB218 rent control bill with severe limitations introduced; continuing to monitor

Indiana:

• UMCA comments sent on proposed amendments to the Commission’s sub-billing rule, 170 IAC article 15.

Rent Control:

• MN and IA currently have proposed rent control measures under review.

Southern Region

North Carolina:

• H844 clarifies dwelling types; GAC seeking addition of commercial tenant spaces and express inclusion of mobile home parks; last update – currently with Senate Committee awaiting amendments, if any; no movement since May 2021

• HB 1110 2021 adding water and sewer billing provisions for mobile home parks; includes concerns related to inability to bill resident administrative fees

Texas:

• GAC is working collectively with industry organizations to influence change to current statutes and regulations impacting our industry

Eastern Region

New Jersey:

• A2390 rent control bill introduced. GAC is monitoring.

Pennsylvania:

• Dept. of Environmental Protection has an internal policy defining submetered mobile home park owners as Consecutive Water Systems; UMCA engaging NAA and its affiliates for involvement

Virginia:

• Submetering of well service was in question of legality and clarification received stating permissible

• South Carolina: Zito et al v. Strata Equity Group Inc. et al., issues include occupancy based water allocation and administrative fee; Plaintiff filed new complaint with PSC on February 22nd, Docket No. 2022-84-WS; UMCA has been granted a motion to intervene

• CA Class Actions: ongoing class action lawsuits based on alleged violation of Oakland, CA rent control ordinance by use of RUBS for water/sewer tenant billing; motions to dismiss were filed and plaintiffs, in turn, amended complaints.

You're invited on Thursday, June 23rd from 8:30am-10:30am as UMCA will be hosting a networking breakfast during NAA in the Leviton suite at the Marriott Marquis, 333 W. Harbor Dr. San Diego, CA.

The UMCA is excited to announce that we will have a booth at the NAA Apartmentalize 2022 Conference on June 22-24. The show will be held at the San Diego Convention Center.

UMCA will be in booth number 1646.

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out.

We hope to see everyone in San Diego!

When: Thursday, October 20th from 8:00am - 4:00pm

Where: Scottsdale Marriott at McDowell Mountains
16770 North Perimeter Drive
Scottsdale, AZ 85260

Don't Forget to mark your calendars for Wednesday, October 19th as we will host an evening reception at 6:30pm in the hotel. More information will be sent to the attendees closer to the date.

Please feel free to call or email the UMCA Executive Director at 833-629-2837 with any questions.

The UMCA Annual Fall Meeting is open to both members and any interested non-members

Scottsdale Marriott at McDowell Mountains
16770 North Perimeter Drive
Scottsdale, AZ 85260

Room Rate of $259 per night (plus tax.) To book a room please select the link below. Reservations must be made by Friday, September 16th to guarantee the special room rate.

We had an amazing turnout for our Q2 membership webinar that we hosted on May 18th. The UMCA Board of Directors would like to thank all the members that attended. We hope everyone found the call informative and worthwhile.

During the webinar we highlighted the UMCA activities for 2022, as well as, a presentation on the current hiring crisis and how to tackle the market. Our Government Affairs Committee gave an update on the the current legislative landscape in North Carolina, Oregon, Minnesota, and Connecticut.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for two Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums. This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director . In order to be eligible, you must be a current member for at least one year and in good standing.

Elections will be held during the Fall Meeting on October 20th. All bios should be submitted by September 30, 2022.

Real Property Article, Section 8-203(l) through (n)
To be codified in the Annotated Code of Maryland (2015 Replacement Volume and 2021 Supplement
Ratio Utility Billing Systems (RUBS)
(Tenant Protection Act of 2022)
Landlord and Tenant- Residential Leases - Tenant Rights and Protections

Maryland State Legislature Senate Bill 6 has been enacted into law with an effective date of June 1, 2022. SB 6 makes multiple changes to statute related to tenant rights and protections, including establishing requirements and procedures for landlords that use a ratio utility billing system (RUBS).

Specifically, if a landlord uses a ratio utility billing system (RUBS) to bill tenants, the landlord must provide the following information in writing to all prospective tenants:
1. a statement that the tenant will be billed by the landlord for allocated utility services and that identifies all utilities at issue;
2. a copy of the last two utility bills issued to the landlord;
3. a description of the method that will be used to allocate the cost of the utility to the tenant, by utility;
4. a statement that any disputes relating to the computation of the tenant’s bill are between the tenant and the landlord;
5. the average monthly bill for all dwelling units in the residential rental property in the previous calendar year, by utility;
6. a statement that the tenant has the right, on written request, to inspect records retained by the landlord that document a bill for utilities;
7. information regarding any additional service charges or administrative fees to be paid by the tenant for the operation of the ratio utility billing system; and
8. the citation to the Section of the Real Property Article that contains this law. A lease provision that requires a tenant to pay the utility charges billed to the tenant under a Ration Utility Billing system will be unenforceable if the landlord fails to provide the required information. Best practice is to include a Disclosure Form with the above-referenced information to be executed by tenants renewing their leases or prospective tenants entering new leases after June 1.

Note: A county or municipal corporation may enact local laws relating to disclosure requirements and document retention policies relating to ratio utility billing systems, which local laws will supersede the State law.

Western Region

Colorado:

• HB 22-1287 , applicable to mobile home parks, initially contained rent control with possible impact on our industry; however, related section recently removed from the bill and is slated to pass without rent control.

Oregon:

• Seeking reintroduction of the prior proposed bill, SB327, which sought to allow an administrative charge to be assessed to water/sewer submetered charges.

Utah:

• Seeking clarity for tenant gas billing as certain utility provider tariffs may be problematic if no changes are made to resale language.

California:

• Ongoing class action lawsuits based on alleged violation of Oakland, CA rent control ordinance by use of RUBs for water/sewer tenant billing; motions to dismiss were filed and plaintiffs, in turn, amended complaints

Midwestern Region

Illinois:

• HB5390/SB3992 creates the Tenant Protection Act; limits rent increases to once every 12 months and cannot exceed greater of CPI (past 12 months) or 3%.

Iowa:

• HF2227 introduced to redefine utilities as rent; negative and positive implications.

Minnesota:

• St. Paul rent control ordinance passed. The ordinance caps annual rent increases at 3% per year and is unique in applying to all rental properties across the city, regardless of size or age of the building. UMCA GAC is currently researching impact on our industry.

Southern Region

North Carolina:

• H844 clarifies dwelling types; GAC seeking addition of commercial tenant spaces and express inclusion of mobile home parks; last update – currently with Senate Committee awaiting amendments, if any; no movement since May 2021

• NCUC: open to discussion of water/sewer Rule 18 changes; opportunity to seek increase to monthly administrative fee, commercial billing support, and streamline filling process

South Carolina:

• Zito et al v. Strata Equity Group Inc. et al. , issues include occupancy based water allocation and administrative fee; Plaintiff filed new complaint with PSC on February 22nd, Docket No. 2022-84-WS; UMCA has been granted a motion to intervene

Florida:

• F.S. §367.022 (9) now permits 9% administrative fee on both water and sewer

Eastern Region

New Jersey:

• A2390 proposing rent control measures. The Government Affairs Committee is tracking to determine if there will be any industry impact

Pennsylvania:

• Dept. of Environmental Protection has an internal policy defining submetered mobile home park owners as Consecutive Water Systems; UMCA engaging NAA and its affiliates for involvement

New York:

• PSC proposing to exclude new construction from energy audit requirement under electric submetering filings due to required compliance with current New York State Energy Conservation Construction Code

UMCA is excited to announce that we will have a booth at the NAA Apartmentalize 2022 Conference on June 22-24. The show will be held at the San Diego Convention Center in San Diego, CA. UMCA will be in booth number 1646.

UMCA will be hosting a meet and greet breakfast on Wednesday, June 22nd at 9am in the Leviton suite. If you are interested in attending please RSVP to UMCA Executive Director.

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

We hope to see everyone in San Diego and don't forget to join the Board of Directors for breakfast on June 22nd!

October 19-20, 2022

The meeting will be held in Scottsdale, AZ

We will host an evening event for all attendees on the 19th with the annual meeting held on the 20th from 8:30am-4pm.

More details about the event will be coming soon!

We would love to hear your input!

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.

Western Region

Oregon:

• Seeking reintroduction of the prior proposed bill, SB327, which sought to allow an administrative charge to be assessed to water/sewer submetered charges.

California:

• Ongoing class action lawsuits based on alleged violation of Oakland, CA rent control ordinance by use of RUBs for water/sewer tenant billing; motions to dismiss were filed and plaintiffs, in turn, amended complaints.

• Santa Monica Rent Control Board updated its regulations in 2021. Rent Control Regulation § 3301(a)(ii) was added, which allows a separate charge for shared or master-metered utilities if certain criteria are met.

• Rent Control and RUBS: 112 Localities with Rent Control - continuous monitoring

Midwestern Region

Indiana:

• Proposed amendments to the Commission’s sub-billing rule, 170 IAC article 15, has been ongoing. Looking to see if any changes are imminent or if this is no longer an opportunity

Minnesota:

• St. Paul rent control ordinance passed. The ordinance caps annual rent increases at 3% per year and is unique in applying to all rental properties across the city, regardless of size or age of the building. UMCA GAC is currently researching impact on our industry.

Southern Region

North Carolina:

• H844 clarifies dwelling types; GAC seeking addition of commercial tenant spaces and express inclusion of mobile home parks; last update – currently with Senate Committee awaiting amendments, if any; no movement since May 2021

• NCUC: open to discussion of water/sewer Rule 18 changes; opportunity to seek increase to monthly administrative fee, commercial billing support, and streamline filling process.

South Carolina:

• Zito et al v. Strata Equity Group Inc. et al., issues include occupancy based water allocation and administrative fee; (09/10/21) Trial court granted Joint Motion to Dismiss without prejudice based on Plaintiff's failure to exhaust the available administrative remedies; GAC following to see if a new complaint will be filed with applicable administrative agency, Public Service Commission.

Florida:

• Miami-Dade County - Remetering Ordinance: seeking proposed amendments; no movement; continuous monitoring

Eastern Region

Connecticut:

• Seeking opportunity to influence commercial electric submetering approval

We had an amazing turnout for our Q1 membership webinar that we hosted on February 9th. The UMCA Board of Directors would like to thank the 50+ members that attended. We hope everyone found the call informative and worthwhile.

During the webinar we highlighted the UMCA activities for 2022, we had a representative from NAA provide insight on the current climate and issues with Rent Control, and our Government Affairs Committee gave an update on the the current legislative landscape in North Carolina, Oregon, Minnesota, and Connecticut.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for future topics. If you were unable to attend, we hope you will join us next time.

The UMCA Board would like to thank everyone who attended this year’s virtual Fall Meeting. The event was a great success. During the meeting, the UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory research updates and a look into 2022. We hope to see everyone in person for the 2022 Annual Fall Meeting.

This year we had several amazing guest speakers:

•Craig Haglund, Program Manager at EPA presented an overview of the ENERGY STAR Program and Benchmarking within the Multifamily industry and Commercial Real Estate sectors.

•We hosted a roundtable panel discussion with Falise Platt representing UMCA, Scot Haislip from Zego, Jeff Peterson with RealPage, Arthur Blankenship from Argen and Lindsey Roach with Yardi who discussed Resident Utility Billing Best Practices - The Do’s and Don’ts.

•We held a Manufactured Housing and Utility Expense Q&A with Gregory Johnloz who is affiliated with the Manufactured Housing Association of Arizona and the Nevada Manufactured Home Community Owners.

If any members would like more details or need any follow-up information from the meeting, please contact the UMCA Executive Director .

Mark your calendars as UMCA will host the Q1 2022 Membership Webinar on Wednesday, February 9th from 2:00pm-2:30pm (Eastern) - Additional details on how to access the call will be sent out to the membership as we get closer to the date.

Please feel free to reach out to the UMCA Executive Director if you would like additional information on the membership call or have suggestions on topics.

Some of our UMCA members will be attending the NAA Advocate Conference in Washington D.C. March 8th-9th. The conference is an opportunity to network and learn more about the industry's issues. In addition, you have the opportunity to set up meetings with various Congressional Representatives & staff. This is a wonderful opportunity to expand the UMCA’s exposure and continued influence in the Multi-family industry.

The UMCA is proud to announce that we will have a booth at the NAA Apartmentalize 2022 on June 22-24, 2022. The show will be held at the San Diego Convention Center. UMCA will be in booth number 1646.

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in working at the booth.

UMCA members practicing in Massachusetts raised a concern related to the certification process required in order to submeter and bill residential tenants for water and sewer under Massachusetts General Laws, Chapter 186, Section 22. Specifically, members found that certain local Department of Public Health ("DPH") offices were unfamiliar with the required process for certification of the submetering system and were rejecting the filing and the DPH signature required on the DPH form, putting property owners in a difficult position, given that the law states you cannot bill until the certification is completed.

The UMCA GAC reached out to the Deputy General Counsel for the DPH asking for clarification of the certification process and suggested that changes to the DPH's process, such as allowing the building owner to retain proof of mailing of the certification forms to the local Board of Health offices without requiring local Board of Health sign off and/or permitting electronic filing and timestamp, would continue to satisfy the statute and the purpose of the requirement.

The Deputy General Counsel agreed that the statute and regulations did not define the process for certification of the submetering form and agreed that submission of the form to the local Board of Health offices is sufficient. He clarified that property owners may submit the form to the local Board of Health in any manner provided they can document service or delivery including mailing by certified mail with return receipt, delivery by a delivery service that captures an electronic signature, or in-person delivery with receipt time stamp. He further clarified that there will be no need for the local Board of Health offices to sign or acknowledge receipt on the form itself. He agreed to make a slight modification to the certification form to delete “Date received by BOH” and change it to “Date form submitted to BOH” that can be completed by property owners. The certification form includes the new language.

This is great news for our industry and we thank our Government Affairs Committee for their hard work and determination to move this forward.

Western Region:

California:

• Rent Control and RUBS: 112 Localities with Rent Control; no absolute findings; continuous monitoring
• AB1061: Signed by Governor on October 7, 2021; application of some SB7 rules to mobile home parks (i.e., admin fee of $4.75 or 25%, whichever is less, rates and recurring charges follow SB7 guidance)
• Santa Clara County Weights and Measures requiring additional inspection and reporting for water submetering.

Colorado:

• SB21-173: Signed by Governor on June 25, 2021; imposed late fee limitations on rent; must be seven days late, late fee cannot exceed the greater of $50 or 5% of past due rent payment, no interest on late fees, $50 penalty for each landlord violation; given definition of “rent”, applicability to utilities is not clear

Oregon:

• SB327: allowance of submetered water admin fees; session closed without consideration; will continue to work with proponents to reintroduce in 2022 session

Eastern Region:

Connecticut:

• RUBS on Water Prohibition: Court remanded back to PURA; no movement; continuous monitoring
• PURA Commercial Electric Submetering Case: PURA approved request to reopen the docket to streamline the application process; no movement; continuous monitoring

Maryland:

• The Court of Appeals in Paul Moore v. RealPage Utility Management, held that Maryland Code (1998, 2020 Repl. Vol.), Public Utilities Article & 7-304 prohibits the use of energy allocation equipment and procedures that the Public Service Commission has not approved to bill energy charges to tenants of properties built prior to 1978

Mid-Western Region:

Indiana:

• Indiana Utility Regulatory Commission’s sub-billing rule, 170 IAC article 15: seeking proposed amendments; no movement; continuous monitoring

Minnesota:

• St. Paul Minnesota enacts the first rent control ordinance. The ordinance in St. Paul caps annual rent increases at 3% per year and is unique in applying to all rental properties across the city, regardless of size or age of the building

Southern Region:

Miami-Dade County:

• Remetering Ordinance: seeking proposed amendments; no movement; continuous monitoring

North Carolina:

• H217: Signed by Governor May 17, 2021; allows billing of electricity or natural gas used by a central system; awaiting NCUC to integrate into current regulations for specific filing requirements, if any
• H844: bill providing clarification of property types for water/sewer submetering; GAC attempting to add commercial and mixed-use properties; also seeking to correct unintentional exclusion of mobilehome parks; standstill since May 12, 2021; legislation session still ongoing; continuous follow-up

South Carolina:

• The South Carolina trial court granted the Joint Motion to Dismiss in the Zito et al v. Strata Equity Group Inc. case (albeit without prejudice so the plaintiffs could refile) – the court noted that the plaintiffs’ claims initially belong before the PSC with appeal rights to the SC appellate court and supreme court.

We are going virtual again!!

We will host the virtual fall meeting on Thursday, October 14th
There will be two sessions:
AM and PM session: 1 ½ hour each session
Time to be determined

Be on the lookout for additional details

We hope you will join us and we would love to hear your input!

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to hear from? Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.

RSVP to the UMCA 2020 Annual Fall Meeting

UMCA is happy to announce that we are scheduled to have a booth at the 2021 NAA Apartmentalize Conference which we will be held in Chicago, August 31 – September 2, 2021.

Please stop by Booth 779.

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

We hope to see everyone at NAA 2021!

With most COVID-19 protocols lifted, several state legislatures are in session. The GAC is taking action to further assist favorable legislation and changes that directly impact our industry.

Anyone knowing of state or local issues please reach out to UMCA so we may remain vigilant in protecting the industry.

Members of the UMCA Government Affairs Committee

•Arthur Blankenship, Chair, Argen

•Sean Dicks, Guardian

•Grant Forehand, NES

•Kimberly Godsey, Minol

•Jeffrey Peterson, Real Page

•Falise Platt, UMCA Counsel

•Fred Rice, Spectrum

•Heather Voltz, Energy Management Systems

•Scot Haislip, Zego

•Lindsay Roach, Yardi

California:
Possible prohibition of RUBS with new rent control ordinances in certain cities. i.e., Oakland (verbal approval for RUBs received, however, this has not been confirmed in writing), Culver City, Inglewood.

Connecticut:
In February the UMCA and members responded to the Public Utility Regulatory Authority's request for comments on the legality of using RUBS. No word yet on outcome.

Ohio:
Cynthia Wingo vs. NEP has been dismissed, without prejudice. UMCA is maintaining oversight to track possible resurgence.

Oregon:
S327 seeks to allow an administrative charge to be assessed to water/sewer submetered charges; last update – Senate hearing on 04/01/21

Florida:
Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. UMCA along with several members sent recommendations on January 15th to Miami-Dade. This action is being monitored though no news to report at this time.

Massachusetts:
In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

North Carolina:
H844 clarifies dwelling types permitted to be charged for water and sewer service by lessors; also, allows for split billing among tenants within a unit; last update – currently with Senate Committee awaiting amendments, if any.

H217, signed into law on 05/17/21, permits lessors to charge for central system usage based on electric or gas upon approval from NCUC and removes the prohibition of master meters for gas used in multi-family buildings under certain requirements for properties built after 1977.

Feedback is welcome.

We had an amazing turnout for our Q2 membership webinar that we hosted last Wednesday, June 23rd. The UMCA Board of Directors would like to thank the 30+ members that attended. We hope everyone found the call informative and worthwhile.

During the webinar we highlighted the UMCA activities for 2021, presented on Affordable Housing trends, and our Government Affairs Committee provided insight on the current legislative landscape in North Carolina, Oregon, California, and Ohio.

The UMCA Board welcomes any feedback or comments about the meeting, as well as, any suggestions for further topics. If you were unable to attend, we hope you will join us in the future.

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for Director positions within the association.

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums. This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director. In order to be eligible, you must be a current member for at least one year and in good standing. All bios should be submitted by October 1st.

Elections will be held during the Fall Meeting on October 14th.

Please feel free to reach out directly to Ruby Beatty, UMCA Executive Director, for any additional information regarding the elections. If desired, you may also contact any of the Board Members with questions regarding the role on the Board.

UMCA is excited to announce that we will be sponsoring a breakfast at the NAA 2021 Government Affairs Roundtable and Legal Symposium in Atlanta, GA on July 21-23, 2021.

This is NAA's event that connects and educates government affairs professionals and volunteers while discussing pressing rental housing industry issues happening all over the country.

The landscape has been quiet during the COVID crises. Legislatures that are in operation are still dealing mainly with COVID response items, including waiving late fees and service cut-offs by utility providers.

The COVID related rent collection issue impacts on client industry is not materializing as feared for most of the country, though some areas are being hit hard. There is significant Rental Housing Assistance available and is expected to be further increased. Many moratoriums on evictions have been extended.

The coronavirus pandemic has most states postponing actions and delaying sessions, which may result in a lean year for passing legislation.

New York:
NY S07708 amends Public Service Law to promulgate rules for electric submetering for residential buildings - currently requires Commission application and approval. This legislations has been referred to the Energy Committee on July 23, 2020.

New Jersey:
NH S2156 permits submetering without new construction limits

Ohio:
From the Columbus Dispatch "Ohio Supreme Court orders regulators to reconsider submeter case" - The Ohio Supreme Court ordered state utility regulators to take another look at a billing dispute involving a company that buys utility services at a wholesale level to resell to apartment complexes and other properties. The GAC is staying abreast of this court’s decision and will keep UMCA members updated on its impact and if any future lobbying efforts are necessary to counter any negative impact on our industry.

California:
California Department of Food and Agriculture is seeking to amend California Code of Regulations (CCR) Title 4, Sections 4070 – 4075 relating to inspection frequencies and administrative fees established for weighing and measuring devices used for commercial purposes. This amendment contains a slight increase in fees for the testing and inspection of weighing devices, namely for our industry, utility meters. You may submit comments to the proposed action by December 31, 2020 by following the instructions provided on the attached. UMCA submitted comments and any action is being closely monitored.

Connecticut:
The Public Utility Regulatory Authority denied RUBs in current case. There is currently an appeal which is under review in courts. The UMCA Government Affairs Committee is closely monitoring this activity and will keep UMCA members updated on the impact.

Florida:
Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII . UMCA along with several members sent recommendations on January 15th to Miami-Dade. This action is being monitored though no news to report at this time.

Indiana:
The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15 . The UMCA Government Affairs Committee is following up with comments on the amendments.

Massachusetts:
In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

North Carolina:
Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

The UMCA Board would like to thank everyone who attended this year’s first ever virtual Fall Meeting. The event was a great success. During the meeting, the UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory research updates and a look into 2021

 

In addition, we had several fantastic guest speakers at this year's meeting:

 

oSam Gilboard from NAA

oStew Hutton with QMC Meters

oInstallers Roundtable discussion with Doug Yarger, Southcross Security, Paul Mazza, Delta Utility Solutions, and Corey Hauser with Minol

 

We would like to thank all the members of the Government Affairs Committee for the Regulation Roundtable discussion and the the team panel discussion with Arthur Blankenship, Argen, Jeff Peterson, RealPage, Fred Rice, Spectrum Utilities, and Kim Godsey with Minol. They provided great insight into the functions and duties of the GAC team members, as well as, provided information on the regulatory environment in Connecticut, Colorado, New Jersey, and New York.

 

If any members would like more details or need any follow-up information from the meeting, please contact the UMCA Executive Director. If you were unable to make it to this year's meeting, we hope to see you in 2021.

 

During the October Fall Meeting there was a call for candidates to be selected for the open Board seat positions. Thank you to everyone that showed interest in being part of the Board of Directors.

 

oUMCA would like to announce that Fred Rice with Spectrum Utilities and Brian Stone with Multifamily Utility Company are joining the UMCA Board of Directors.

oA special thank you to Arlene Marguils and Mark Jarman for their years of service on the UMCA Board of Directors and their continued support of the association.

 

•Don Millstein, President, H2O Degree

•Chairman

 

•Cole Bowman, President, H2O Degree

•Vice-Chairman

 

•Jerry Baker, Owner, National Exemption Service

•Treasurer

 

•Jeff Bening, Operations Manager, OnePoint

•Secretary

 

•Kim Godsey, General Counsel, Minol

•Director

 

•Brian Stone, Director of Operations, Multifamily Utility Company

•Director

 

•Fred Rice, Owner, Spectrum Utilities

•Director

 

The UMCA Board of Directors will be attending their annual Spring Meeting virtually this year in March 2021

 

NAA has made the decision to cancel the conference in Boston this year in June and move to a virtual conference for 2020. We are already scheduled for the 2021 NAA Apartmentalize Conference which we will be held in Chicago, June 16-18, 2021.

 

We hope to see everyone at NAA in 2021!

 

UMCA is excited to announce that we will be sponsoring a breakfast at the NAA 2021 Government Affairs Roundtable and Legal Symposium in Atlanta, GA on July 21-23, 2021.

 

This is NAA's event that connects and educates government affairs professionals and volunteers while discussing pressing rental housing industry issues happening all over the country.

 

The landscape has been quiet during the COVID crises. Legislatures that are in operation are dealing mainly with COVID response items, including waiving late fees and service cut-offs by utility providers.

 

An informal poll of GAC members shows only a very limited impact on or industry so far, with some regional areas feeling greater impact. To date owner/manager operators report rental collections have been down by less than 2% year-over-year. However, the real impact of the crises is expected to be felt in Q3, which is when our industry may be impacted the most.

 

The coronavirus pandemic has most states postponing actions and delaying sessions, which may result in a lean year for passing legislation.

 

New York:

NY S07708 amends Public Service Law to promulgate rules for electric submetering for residential buildings - currently requires Commission application and approval. This legislations has been referred to the Energy Committee on July 23, 2020.

 

New Jersey:

NH S2156 permits submetering without new construction limits

 

Ohio:

From the Columbus Dispatch "Ohio Supreme Court orders regulators to reconsider submeter case" - The Ohio Supreme Court ordered state utility regulators to take another look at a billing dispute involving a company that buys utility services at a wholesale level to resell to apartment complexes and other properties. The GAC is staying abreast of this court’s decision and will keep UMCA members updated on its impact and if any future lobbying efforts are necessary to counter any negative impact on our industry

 

Colorado:

This June Colorado passed a new mobile home park law – HB1196 . The bill requires additional landlord disclosures when billing water. It does not cover multi-family nor sewer.

 

California:

California Proposition 21, the Local Rent Control Initiative, was on the ballot as an initiated state statue on November 3, 2020. Prop 21 was defeated.

 

California Department of Food and Agriculture is seeking to amend California Code of Regulations (CCR) Title 4, Sections 4070 – 4075 relating to inspection frequencies and administrative fees established for weighing and measuring devices used for commercial purposes. This amendment contains a slight increase in fees for the testing and inspection of weighing devices, namely for our industry, utility meters. You may submit comments to the proposed action by December 31, 2020 by following the instructions provided on the attached. UMCA will be submitting its comments by the deadline.

 

Connecticut:

In February the UMCA and members responded to the Public Utility Regulatory Authority's request for comments on the legality of using RUBS. No word yet on outcome.

 

Florida:

Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. UMCA along with several members sent recommendations on January 15th to Miami-Dade. This action is being monitored though no news to report at this time.

 

Indiana:

The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15. The UMCA Government Affairs Committee is following up with comments on the amendments.

 

Massachusetts:

In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

 

North Carolina:

Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

When: Thursday, October 22nd

 

AM Session: 11:00am-12:30pm (Eastern)

 

PM Session: 2:00pm-4:00pm (Eastern)

 

The Fall Meeting will consist of two different sessions covering a range of topics. Please access the agenda below.

 

Additional details on how to access the meeting will be sent closer to the date.

 

Don't forget to RSVP!

 

If you have any questions, please feel free to call or email Don Millstein UMCA Chairman at 215-208-5487 or Ruby Beatty, UMCA Executive Director at 833-629-2837

 

• Get to know the Government Affairs Committee - Along with the GAC update on current regulatory issues related to submetering and RUBS. We will also host a get to know the GAC team, focusing on how the GAC works, the future of the committee, and a Q&A session to the Government Affairs Committee Members. This will be a great opportunity to discuss individual issues in your local and national markets and get the opinion of some of the leading regulatory lawyers in the industry.

 

• We are excited to announce that Sam Gilboard, Manager of Public Policy for NAA will be speaking during our virtual meeting. His presentation will focus on the Policy and Regulatory trends that NAA will be speaking during our virtual meeting. His presentation will focus on the Policy and Regulatory trends that NAA is seeing in Multifamily as it relates to Utilities, Construction, and Retrofits.

 

• UMCA is also excited to announce that our member Stew Hutton, with QMC Metering Solutions will present to us on the Canadian landscape of Submetering and RUBs along with cross-border markets.

 

• We are pleased to host an installers roundtable discussion by Doug Yarger from SouthCross Security , Paul Mazza from Delta Utility Solutions, and Corey Hauser from Minol, who will discuss the challenges and changes in policy doing installation work during COVID.

 

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for two Director positions within the association.

 

Service on the UMCA Board is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums. This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

 

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the Board of Directors to the UMCA Executive Director. In order to be eligible, you must be a current member for at least one year and in good standing. All bios should be submitted by October 1st.

Elections will be held during the Fall Meeting on October 22nd.

 

Please feel free to reach out directly Ruby Beatty, UMCA Executive Director for any additional information regarding the elections. If desired, you may also contact any Board Member with questions regarding the role.

 

 

NAA has made the decision to cancel the conference in Boston this year in June and move to a virtual conference for 2020. We are already scheduled for the 2021 NAA Apartmentalize Conference which we will be held in Chicago, June 16-18, 2021.

 

We hope to see everyone at NAA in 2021!

 

The landscape has been quiet during the COVID crises. Legislatures that are in operation are dealing mainly with COVID response items, including waiving late fees and service cut-offs by utility providers.

 

An informal poll of GAC members shows only a very limited impact on or industry so far, with some regional areas feeling greater impact. To date owner/manager operators report rental collections have been down by less than 2% year-over-year. However, the real impact of the crises is expected to be felt in Q3, which is when our industry may be impacted the most.

 

The Public Utility Commission of Texas announced plans for a quarterly workshop series intended to provide vital water and wastewater compliance guidance.

 

In October virtual session, the PUC's Department of Utility Outreach (DUO) will share insights on the key administrative, financial and legislative challenges facing water and sewer retail public utilities across the state of Texas.

 

Virtual Water Utility Training Workshop - October 7th Register here

 

The coronavirus pandemic has most states postponing actions and delaying sessions, which may result in a lean year for passing legislation.

 

Colorado:

this June Colorado passed a new mobile home park law – HB1196. The bill requires additional landlord disclosures when billing water. It does not cover multi-family nor sewer.

 

Bill Summary:

•Annual disclosure requirements

oOn or before January 31 of each year landlord must provide the following information to each tenant and post the information in a public common area

•Methodology used to calculate individual water charges

•Methodology used to calculate common area water charges

•Current residential rate schedule from water provider servicing the park

•Monthly bill requirements

oWater charged owed by the individual tenant

oTotal water charged owed by all tenants

oTotal amount paid by the landlord for water service

•Landlord cannot charge for any cost in addition to the actual cost of water (i.e. no admin fees)

•Billing methodology must be reasonable, equitable, and consistent for billing home owners for any type of water usage

•24 hour notification deadline for water leaks known to the landlord

•Prohibition on billing for water usage caused by a water leak

 

California:

The ballot measure known as the “Rental Affordability Act” is the latest push for rent control restrictions in California. The measure has officially been placed on the statewide ballot in November, and would expand current rent control restrictions. Rent control is a direct threat to RUBS billing and needs our opposition. Summary from the Californians for Responsible Housing (www.CFRH.org)

 

Connecticut:

In February the UMCA and members responded to the Public Utility Regulatory Authority's request for comments on the legality of using RUBS. No word yet on outcome.

 

Florida:

Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. UMCA along with several members sent recommendations on January 15th to Miami-Dade. This action is being monitored though no news to report at this time.

 

Indiana:

The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15. The UMCA Government Affairs Committee is following up with comments on the amendments.

 

Massachusetts:

In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

 

North Carolina:

Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

Due to the current state with COVID the Board of Directors has decided to do something different this year for the fall meeting.

 

We will host a Virtual Fall Meeting on Thursday, October 22nd There will be two different sessions covering a range of topics: AM and PM session: 1 ½ hour each session Time to be determined.

 

Be on the lookout for additional details regarding speakers and Board Elections.

 

We hope you will join us for both sessions and we would love to hear your input!

 

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to hear from? Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.

NAA has made the decision to cancel the conference in Boston this year in June and move the Expo to Dallas, TX November 4-6. With that in mind the UMCA Board of Directors has decided that we will not have a booth this year however, we are already scheduled for the 2021 NAA Apartmentalize Conference which we will be held in Chicago, June 16-18, 2021.

The landscape has been quiet during the COVID crises. Legislatures that are in operation are dealing mainly with COVID response items, including waiving late fees and service cut-offs by utility providers.

An informal poll of GAC members shows only a very limited impact on our industry so far, with some regional areas feeling greater impact. To date, owner/manager operators report rental collections have been down by less than 2% year-over-year. However, the real impact of the crises is expected to be felt in Q3, which is when our industry may be impacted the most.

 

The GAC is reorganizing in Q3 into smaller more workable groups so If any of our members are interested on joining the committee, please reach out to Arthur Blankenship.

The coronavirus pandemic has most states postponing actions and delaying sessions, which may result in a lean year for passing legislation.

 

California:

The ballot measure known as the “Rental Affordability Act” is the latest push for rent control restrictions in California. The measure has officially been placed on the statewide ballot in November, and would expand current rent control restrictions. Rent control is a direct threat to RUBS billing and needs our opposition. Californians for Responsible Housing (www.CFRH.org) sent this summary:

 

“As we did on Prop 10, we need to fund the battle to win; the cost of our campaign will be in the $70 + million range. To date we have raised over $7 million from over 200 contributors, and we are now in a full court press to raise the funds necessary to defeat this measure. We need every owner in our industry to participate so please help us reach out to everyone you know to get on board. Our goal is to be 60% funded on the campaign, $42 million, by June 30, and fully funded by August 31. The ask to fund the campaign is $100 per unit owned or managed and $25,000 for industry partners like law firms, title companies, major suppliers etc. to our industry. For those of you who have already contributed to this campaign deduct that amount from this ask when you remit payment. And, thank you for your early contributions which have been extremely helpful kicking off our campaign.”

 

Connecticut:

In February the UMCA and members responded to the Public Utility Regulatory Authority's request for comments on the legality of using RUBS. No word yet on outcome.

 

Florida:

Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. UMCA along with several members sent recommendations on January 15, 2019 to Miami-Dade. This action is being monitored though no news to report at this time.

 

Indiana:

The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15. The UMCA Government Affairs Committee is following up with comments on the amendments.

 

Massachusetts:

In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

 

North Carolina:

Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

The UMCA is proud to announce that we will have a booth at the NAA Apartmentalize 2020 Conference on June 17-19, 2020. The show will be held at the Boston Convention and Exhibition Center. UMCA will be in booth number 369.

 

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

 

At this time we have not heard if NAA will be postponed to a future date based on the current pandemic.

 

UMCA is excited to announce that we will be sponsoring a breakfast at the NAA 2020 Government Affairs Round table and Legal Symposium on Thursday, July 23rd in Atlanta, GA.

This is NAA's event that connects and educates government affairs professionals and volunteers while discussing pressing rental housing industry issues happening all over the country.

 

October 21-22, 2020

The meeting will take place in Phoenix, AZ

We will host an evening event for all attendees on the 16th and the annual meeting will take place on the 17th from 8:30am-4:00pm.

 

We would love to hear your input!

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCAExecutiveDirector if you have any additional suggestions for the Fall Meeting.

 

We have seen a rise in Rent Control measures across the Nation. Rent Control initiatives often eliminate or impair Submetering and RUBS.

 

• CA AB1482 Statewide Rent Control. Gross rent does not include utilities; SB7 not impacted. Another ballot initiative expected in November.

 

• CO Statewide Rent Control defeated for now. Next fight in 2021.

 

• NY Statewide Rent Control. Generally agreed does not impact utilities.

 

• OR SB608 Statewide Rent Control does not impact utilities. Local ordinances restricting utilities still stand. Next fight to be in 2021 session.

 

The coronavirus pandemic has most states postponing actions and delaying sessions, which may result in a lean year for passing legislation.

 

Colorado:

A bill HB20-1141 was introduced in Colorado which included the prohibition of RUBS. This bill died in committee.

 

Connecticut:

In February the UMCA and members responded to the Public Utility Regulatory Authority's request for comments on the legality of using RUBS. No word yet on outcome.

 

Florida:

Miami-Dade reached out for recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. UMCA along with several members sent recommendations on January 15th to Miami-Dade. This action is being monitored though no news to report at this time.

 

Iowa:

HSB365 includes disclosure requirements.

 

Indiana:

The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15. The UMCA Government Affairs Committee is following up with comments on the amendments.The Indiana Utility Regulatory Commission has requested comments on amendments to sub-billing rule 170 IAC article 15. The UMCA Government Affairs Committee is following up with comments on the amendments.

 

Massachusetts:

In February the UMCA and members wrote letters in favor of passing HB2917, which relates to submetering of HVAC systems.

 

New Jersey:

Bill 2156 allowing submetering has been introduced though does not have much traction. Amendments are being forwarded to NJAA in case of movement.

 

New York:

SO7708 has rules for electric submetering.

 

North Carolina:

Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

Ohio:

Reintroduction of submetering bill that we are currently monitoring.

 

Oregon:

In 2019 Oregon passed the first-in-the-nation statewide rent control measure, capping increases at 7% annual plus CPI (currently 3.3%). The current attempts to modify the statewide rent control measure were not successful.

 

UMCA is excited to announce that we will have a booth at the NAAConference June 27-28, 2019 at the Denver Convention Center. You can find us in in booth 883. Please stop on by.

October 16-17, 2019

 

The annual meeting will take place at the Tampa Marriott Water Street in Tampa, FL.

 

We will host an evening event for all attendees on the 16th and the annual meeting will take place on the 17th from 8:30am-4:00pm.

 

We would love to hear your input!

 

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCAExecutiveDirector if you have any additional suggestions for the Fall Meeting.

 

RSVP to the UMCA 2018 Annual Fall Meeting

 

Tampa Marriott Water Street

 

700 S Florida Ave Tampa FL, 33602

 

Room Rate of $215 per night. To book a room please select the link below or you can contact central reservations at 888-789-3090 if you would like to book over the phone. Reservations must be made by September 16th to guarantee the special room rate.

 

Hotel Room Reservations

 

The realities of the current Ohio legislature made it obvious we were not going to be able to introduce a joint effort bill before summer recess. It became evident the process of prior years was going to repeat itself. Given that status quo works in Ohio and the fact that there is no current threat to our industry, the decision was made to stop direct lobbying efforts in Ohio. We have members who continue to be involved and we stand ready to re-engage if circumstances meet our action criteria.

 

California:

Stay tuned for rent control battles. If the assembly does not pass a bill another proposition will be on the next ballot. Expected spend level to defeat a proposition is $80,000,000. As we saw in San Jose last year, rent control includes RUBS billing and is a threat to our industry.

 

New Jersey:

The appellate court affirmed the lower court ruling that the RUBS program on the specified property is allowed. However, the court will not “publish” the ruling so no precedent has been set and RUBS is still not allowed statewide.

 

Florida:

Miami-Dade is seeking recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. Several of our members received letters from the Miami-Dade County Department of Regulatory and Economic Resources, the Office of Consumer Protection, requesting suggested changes to the regulations that would assist in bringing the ordinance more in line with the current industry practices. UMCA along with several members sent recommendations on January 15th to Miami-Dade. We will continue to monitor for any changes.

 

Florida PSC:

For PSC regulated providers, a 9% admin fee on water is allowed however, not sewer - See 2017 Florida Statutes, Ch 367.022. We are in the early stages of legislative action to add a sewer admin fee of 9% to the already allowed water admin fee. Although, The PSC does not have jurisdiction over all Florida counties so please see the list of PSC jurisdictional and non-jurisdictional counties. Anyone desiring to get engaged on this item and make a difference should contact us.

 

North Carolina:

NC Commercial/Retail Submetering. GS 61-110 (g) allows only for residential dwelling units to be sub-metered. Non-residential units can only be billed by creating a franchise water utility; an uneconomical process for small commercial properties. Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

Oregon:

Oregon recently passed the first-in-the-nation statewide rent control measure, capping increases at 7% annual plus CPI (currently 3.3%). While the state definition of rent excludes utilities and therefore submetering, local municipalities, i.e. Portland, have broader definitions which include utilities and submetering. This is a direct threat to both continued operation of existing programs and introduction of new programs. The bill went from introduction to governor’s signature (and immediate implementation) in just three weeks.

 

Washington:

Senate Bill 5775 and House Bill 1818 were introduced with major flaws. The Washington Multi-Family Housing Association testified in opposition and report the bills are dead for the year. With a biennial legislature, the bills are automatically added to the 2020 calendar. We are tracking activity to influence the outcome.

 

The UMCA is proud to announce that we will have a booth at the NAA Apartmentalize 2019 Conference on June 26– 29, 2019. The show will be held at the Denver Convention Center in Denver, CO We will be in booth number 883.

 

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

October 16-17, 2019

 

The meeting will take place in Tampa, FL.

 

We will host an evening event for all attendees on the 16th with the annual meeting on the 17th from 8:30am-4:00pm.

 

More details about the event to follow.

 

We would love to hear your input!

 

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCAExecutiveDirector if you have any additional suggestions for the Fall Meeting.

 

RSVP to the UMCA 2019 Annual Fall Meeting

 

UMCA hosted the second membership call on Wednesday, March 20th. We had a great turn out of attendees and would like to thank everyone that took the time to attend the call. The session on smart apartments and metering was especially well received. If current members or prospective members would like to see UMCA provide additional info on this subject in general or at our Fall meeting, please email the UMCA Executive Director.

 

Topics Discussed:

 

• UMCA Update of Activities

 

• Government Affairs Committee Regulatory Update

          • Ohio, Florida, and Washington

 

• Regulatory Open Roundtable

 

• Industry Trend

          • Movement to smart apartments: integration of submetering, door locks, lighting, etc.

 

• Open forum for Q&A and wrap-up

 

Please feel free to reach out to the UMCA Executive Director if you would like additional information from the membership call. A copy of the presentation will be sent to all members of the association and we are planning for another member call in the summer 2019.

 

A recent meeting of the engaged parties turned a formerly antagonistic atmosphere into one of alignment. We are moving forward together on legislation to end the matter after four years of effort. The deadline is July 1. A Utility Commission ruling two years ago allows billing for electric using the standard approved rate tariff even if the cost is lower, which gives a profit on the utility itself. The GAC’s position is to accept this model. The growing use of co-generation, micro-generation, solar and other forms of alternative energy requires a profit return for the investor, and we need to be in a position to foster this trend. At least one submetering company also engineers and installs electric distribution and transformers on the property side of the utility provider meter, which implies a need for capital cost recovery.

 

California:

Robert Pinnegar, President and CEO of NAA, reported March 15 via email:“The rent control fight in California has ramped up once again. Despite voters overwhelmingly defeating Proposition 10 at the ballot box last November, California Democrats introduced a package of housing bills Thursday to expand rent control in the state. This package includes Assembly Bills 1482 and 36. AB 1482 would place a yet-to-be-determined cap on rent increases for units statewide that are not yet covered by local rent controls. AB 36 would make reforms to the Costa-Hawkins Rental Housing Act's limitations on local rent control laws. It would allow cities to apply rent stabilization measures to rental units older than 10 years and extend these controls to single-family rentals and condos….”

 

While at the Advocate conference March 7 members were told that if the assembly does not pass a bill another proposition will be on the next ballot. Expected spend level to defeat a proposition is $80,000,000. As we saw in San Jose last year, rent control includes RUBS billing and is a threat to our industry.

 

Florida:

Miami-Dade is seeking recommendations in order to update their Water-Remetering Ordinance - Chapter 8A-Business Regulations, Article XVIII. Several of our members received letters from the Miami-Dade County Department of Regulatory and Economic Resources, the Office of Consumer Protection, requesting suggested changes to the regulations that would assist in bringing the ordinance more in line with the current industry practices. UMCA along with several members sent recommendations on January 15th to Miami-Dade. We will continue to monitor for any changes.

 

Florida PSC:

For PSC regulated providers, a 9% admin fee on water is allowed however, not sewer - See. 2017 Florida Statutes, Ch 367.022. We are in the early stages of legislative action to add a sewer admin fee of 9% to the already allowed water admin fee. Although, The PSC does not have jurisdiction over all Florida counties so please see the list of PSC jurisdictional and non-jurisdictional counties. Anyone desiring to get engaged on this item and make a difference should contact us.

 

North Carolina:

NC Commercial/Retail Submetering. GS 61-110 (g) allows only for residential dwelling units to be sub-metered. Non-residential units can only be billed by creating a franchise water utility; an uneconomical process for small commercial properties. Two opportunities are being explored: One, to increase the $3.75 limit and allow at least CPI increases moving forward on admin fees and Two, adding commercial/retail to submetering legislation and stop the need to establish a franchise water utility for these assets. Anyone operating assets in this state should be engaged in these initiatives.

 

Oregon:

Oregon recently passed the first-in-the-nation statewide rent control measure, capping increases at 7% annual plus CPI (currently 3.3%). While the state definition of rent excludes utilities and therefore submetering, local municipalities, i.e. Portland, have broader definitions which include utilities and submetering. This is a direct threat to both continued operation of existing programs and introduction of new programs. The bill went from introduction to governor’s signature (and immediate implementation) in just three weeks.

 

Washington:

Senate Bill 5775 and House Bill 1818 were introduced with major flaws. The Washington Multi-Family Housing Association testified in opposition and report the bills are dead for the year. With a biennial legislature, the bills are automatically added to the 2020 calendar. We are tracking activity to influence the outcome.

 

New Jersey:

The appellate court affirmed the lower court ruling that the RUBS program is allowed. The Court was petitioned in early February to “publish” their ruling which would allow RUBS statewide. There is no timeline for the Court to decide.

 

The UMCA Board would like to thank everyone who attended this year’s meeting in Houston, TX. The event was a great success. During the meeting, the UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory research updates and a look into 2019.

 

In addition, we had several fantastic guest speakers at this year's meeting:

 

• Nuno Aguas Silva from Daikin, and Carl Barnard from LG presented to the group on the VRV/VRF technology.

 

• Jeff Perlman from Brightpower presented on benchmarking, data analytics and conservation programs in the Multi-family industry.

 

• Mary Nitschke with Utility Management Advisory presented on end-user’s view on billing, RUBs and conservation.

 

Elizabeth Bryson, Julie Sparks and Carolyn Johnson from Camden presented on green initiatives and innovation they have adopted at their communities.

 

We would like to thank all the members of the Government Affairs Committed for the Regulation Roundtable discussion. They provided great insight on the regulatory environment in Ohio, Florida, Maryland and the Texas, as well as, the current climate of the rent control fights in California.

 

The Board would also like to express their sincere gratitude to Carolyn Johnson at Camden for all her assistance in arranging the meeting logistics and for Camden hosting UMCA this year. Thank you!

 

If any members would like more details or need any follow-up information from the meeting, please contact the UMCA Executive Director. If you were unable to make it to this year's meeting, we hope to see you in 2019.

 

At the October Fall Meeting there was a call for candidates to be selected for the open Board seat positions. The Board wanted to thank everyone that showed interest in a Board position.

 

• UMCA would like to announce that Kim Godsey with Minol is joining the UMCA Board of Directors.

 

• Cole Bowman with PayLease and Jerry Baker with National Exemption Service were re-elected for another term on the Board.

 

• A special thank you to Jim Nehl for his many years of service on the UMCA Board of Directors and his continued support of the association.

 

UMCA Board of Directors:

 

• Don Millstein, President, H20 Degree

Chairman

• Cole Bowman, Vice President of Operations, PayLease

Vice-Chairman

• Jerry Baker, Owner, National Exemption Services

Treasurer

• Jeff Bening, Operations Manager, OnePoint

Secretary

• Arlene Margulis, Director of Operations, Multifamily Utility Company

Director

• Mark Jarman, President, Inovonics

Director

• Kim Godsey, General Counsel, Minol

Director

 

The UMCA Board of Directors will be attending their annual Spring Meeting at Safety Harbor, FL in March.

 

An initiative that UMCA will be undertaking is to work with utilities for submetering and leak detection rebates. In addition, UMCA will be developing a "Best Practice" statement around tenant billing from the VRF systems. Any input from our membership would be welcome.

 

The UMCA is proud to announce that we will have a booth at the NAA Apartmentalize 2019 Conference on June 26– 29, 2019. The show will be held at the Denver Convention Center in Denver, CO We will be in booth number 883.

 

We encourage current members to volunteer their time throughout the show to help staff the booth. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

 

A newspaper article that got the legislature’s attention started this case four years ago this past fall. Passage of a comprehensive senate bill stalled prior to this November’s elections. We are pushing for a simple bill to protect our industry in this Lame Duck session, though the realities are the chance of passage is less than 50/50. There is not much energy to get things done prior done prior to the new administration coming in. The UMCA is committed to being engaged until the fight is over; we cannot let Ohio go the wrong way.

 

In October the Board of Directors created and Advocacy Fund of $50,000, to be used in $10,000 increments in states and municipalities which meet criteria for advocacy engagement. We see cases which can use the funds in FL, NC and OH. Anyone who sees a need for advocacy in other states should contact us with details.

 

As you can see below that there are several initiatives underway for 2019. Anyone with interest is welcome to join the effort, and we particularly need persons who have business in FL, NC and OH to join us in moving our industry upward.

California:

California voters rejected a statewide ballot measure that would have eased restrictions on rent control. As we saw in San Jose, prohibition against RUBS is one method used to enact rent control. Approval of Proposition 10 would have repealed the Costa-Hawkins Rental Housing Act, a 23-year-old law restricting local governments from imposing price controls on vacant units. Costa-Hawkins limits rent control measures to properties completed before 1995 and bars local rent control ordinances on vacant properties. Voter approval of the measure would have permitted local governments to enact unrestricted rent caps on all rental properties, even after units were vacated, which would have been damaging to our industry. Thank you to everyone who joined the effort!

 

Florida:

For PSC regulated providers a 9% admin fee on water is allowed - See 2017 Florida Statutes, Ch 367.022. We have determined that omission of a 9% sewer admin fee from the enabling bill language was intentional, and will require legislation to change. The GAC is beginning the process to make this legislative change. The PSC does not have jurisdiction over all Florida counties so please see the list of PSC jurisdictional and non-jurisdictional counties.

 

Howard County, Maryland:

The bill CB20-2018 allows landlords to use RUBS for the pass-back of water, sewer, gas, and electric charges to their residents, so long as such billing excludes common/administrative areas (use of reasonable common area deduction is permissible) and no additional charges are billed over the cost of the utility as billed by the provider, except an administrative fee may be assessed that covers the actual cost of the billing services to the tenants (no account activation, move-in/move-out fees, etc. are permitted).

 

North Carolina:

A) The increased development of mixed use properties is bringing more retail tenants into multi-family properties, and billing retail currently requires creating a franchise water utility, which is an uneconomical process for these relatively small commercial environments; state legislation is the remedy. The GAC is beginning the process to address the legislative change. B) the allowed $3.75 admin fee for water/sewer billing has no mechanism for an increase, and addressing this is a regulatory item with the NCUC. The GAC is moving forward with addressing this with the NCUC and getting increases in admin fees in the future.

 

New Jersey:

The appellate court affirmed the lower court ruling that the RUBS program is allowed, however, this cannot be applied state wide. Actions are being taken to convince the court that this is important enough to be applied state wide.

 

Texas:

We are monitoring the PUC for any rule making workshops regarding water submetering complaint resolution. We have determined it is best to not take action to initiate change in the current process, which follows the process for resolving electric billing complaints. Anyone having a negative experience before the PUC in regards to water submetering complaint resolution should let us know the details.

 

When: Thursday, October 11th from 8:00am - 4:00pm

 

Where: Camden Property Trust, 11 Greenway Plaza, Suite 2400, Houston, TX

 

Mark your calendars for Wednesday, October 10th as we will host an evening get together for all attendees at Grace's on Kirby at 7pm. More information will be sent to the attendees.

 

A special Thank You to Camden for hosting the UMCA 2018 Fall Meeting!!

 

Please feel free to call or email Don Millstein, UMCA Chairman at 215-244-1555 or Ruby Beatty, UMCA Executive Director at 833-629-2837 with any questions.

 

Hotel Accommodations

 

DoubleTree by Hilton Hotel Houston - Greenway Plaza

6 E Greenway Plaza, Houston, Texas, 77046

713-629-1200

 

Room Rate of $149 per night. To book a room please select the link below. Reservations must be made by September 17th to guarantee the special room rate.

• We are excited to announce that guest Speaker Jeff Perlman from Brightpower will present on benchmarking, data analytics and conservation programs in the Multi-family industry.

 

• We welcome guest speaker Mary Nitschke with Utility Management Advisory UMA is a national consortium of utility professionals in the multi-family industry and will present at the meeting regarding end-users views on billing, RUBs and conservation.

 

• UMCA is also excited that a representative from Camden will be speaking regarding their marketing of properties who use submetering and RUBS, any challenges they have faced, as well as the green initiatives and innovation they have adopted at their communities.

 

• There will be a presentation to discuss current trends in the Multi-Family industry including new construction growth, markets, technology and regulations.

 

• We will also have a UMCA Regulation Roundtable with speakers from the UMCA Government Affairs committee to update the audience on current regulatory issues related to submetering and RUBS. This will be a great opportunity to discuss individual issues in your local and national markets and get the opinion of some of the leading regulatory lawyers in the industry.

UMCA is pleased to announce a call for nominations for the Board of Directors. The call for nominations is now open for Director positions within the association

 

Service on the UMCA Board of Directors is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums. This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

 

Those interested please email a brief biography, including qualifications and a summary on why you are interested in joining the UMCA Board of Directors to the UMCA Executive Director.

 

Elections will be held during the Fall Meeting on October 11th. In order to be eligible, you must be a current member for at least one year and in good standing. All bios should be submitted by September 27th.

 

Please feel free to reach out directly to Ruby Beatty, UMCA Executive Director at 833-629-2837 for any additional information. If desired, you may also contact any Board Member with questions regarding the role.

The UMCA is excited to announce that we will have a booth this year at the NMHC OPTECH Conference and Expo November 4-16, at the Rosen Shingle Creek, Orlando, FL. You can find us in in booth 230.

 

The UMCA will have a booth at the NAA Apartmentalize Conference, June 26-29 at the Colorado Convention Center in Denver. You can find us in in booth 883.

 

UMCA hosted the first of three membership calls on Thursday, August 30th. We had a great turn out of attendees. We wanted to thank everyone that took the time to attend the call and a copy of the slide presentation was sent out to all the members. We are planning for another member call in Winter 2019 and late Spring 2019.

 

Topics discussed:

 

• UMCA Update of Activities

• Government Affairs Committee Update

• Multifamily Industry Growth

• Multifamily Trends in Technology

            o VRF Systems and their impact on tenant billing.

• Open forum for Q&A

 

The legislature is expected back from recess after Labor Day. The Senate bill needs amending and the sponsor is open to this, so the chance for passage is good; the House bill needs more work though the sponsor is on our side. State politics are playing out hard with a tough governor’s race in progress. The upcoming lame duck session is seen as fertile ground for bill passage.

 

California:

Prop 10 on November’s ballot would undo the statewide prohibition on rent control. As we saw in San Jose prohibition of RUBS is a tool of rent control, so we need to work against rent control initiatives to protect our industry. NAA and NMHC are taking the lead on fighting Prop 10; more can be found here www.noprop10.org.

 

Florida:

For PSC regulated providers a 9% admin fee on water is allowed - See 2017 Florida Statutes, Ch 367.022. We have determined that omission of a 9% sewer admin fee from the enabling bill language was intentional, and will require legislation to change. The PSC does not have jurisdiction over all Florida counties so please see the list of PSC jurisdictional and non-jurisdictional counties .

 

Howard County, Maryland:

The bill CB20-2018 allows landlords to use RUBS for the pass-back of water, sewer, gas, and electric charges to their residents, so long as such billing excludes common/administrative areas (use of reasonable common area deduction is permissible) and no additional charges are billed over the cost of the utility as billed by the provider, except an administrative fee may be assessed that covers the actual cost of the billing services to the tenants (no account activation, move-in/move-out fees, etc. are permitted).

 

North Carolina:

A) The increased development of mixed use properties is bringing more retail tenants into multi-family properties, and billing retail currently requires creating a franchise water utility, which is an uneconomical process for these relatively small commercial environments; state legislation is the remedy. B) the allowed $3.75 admin fee for water/sewer billing has no mechanism for an increase, and addressing this is a regulatory item with the NCUC.

 

New Jersey:

The appellate court affirmed the lower court ruling that the RUBS program is allowed, however, this cannot be applied state wide. Actions are being taken to convince the court that this is important enough to be applied state wide.

 

Texas:

We are monitoring the PUC for any rule making workshops regarding water submetering complaint resolution. We have determined it is best to not take action to initiate change in the current process.

 

We have just completed updates to the research database. As a member of UMCA you can gain access to the site by logging into the Research Database.

 

• Howard County, Maryland

• Kansas

• Pennsylvania

 

As regulation changes over time, the UMCA also welcomes input and updates from all members and affiliates to keep the database current. For suggestions, updates, or more information on the UMCA research database, please email the UMCA Executive Director .

 

The UMCA is excited to announce that we will have a booth at the NAA Apartmentalize Conference, June 13-15, 2018 at the San Diego Convention Center. You can find us in in booth 2217. Make sure to stop by the booth on the 14th for some popcorn and networking.

 

To staff the booth we would encourage current members to volunteer their time at the show. We typically have over 20 member companies who have their own booth at the conference. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the UMCA Booth.

 

October 10-11, 2018

 

The meeting will take place at the Camden Headquarters, 11 Greenway Plaza, Suite 2400, Houston, Tx.

 

We will host an evening event for all attendees on the 10th then the annual meeting will take place on the 11th from 8:30am-4:00pm.

Agenda and hotel accommodations to follow.

 

We would love to hear your input!

Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCA Executive Director if you have any additional suggestions for the Fall Meeting.

 

Thank you to Camden for hosting the 2018 UMCA annual meeting.

 

The past year had a variety of successful initiatives both around growth and positioning the UMCA as the thought leader and industry voice for Utility Management & Conservation in the Multi-Family industry.

 

Below is the list of the full UMCA board and I wanted to take a moment to thank each and every one for their time and commitment.

 

• Chairman: Don Millstein – H2O Degree

• Treasurer:Jerry Baker – NES

• Secretary:Jeff Bening – OnePoint

• Director: Cole Bowman - PayLease

• Director: Mark Jarman – Inovonics

• Director: Arlene Margulis – MultiFamily Utility

• Director: Jim Nehl – MLX/UMS

 

The following are a few key highlights from the past year:

Membership – Overall membership grew to 32 companies with the addition of 3 new companies within the fiscal year ending May 2018. A link was added to the website to provide each member the ability to post their logo and link to their website as a marketing opportunity.

 

Brand Recognition – The UMCA successfully exhibited at the NAA show for the first time in Atlanta in 2017. We are excited for the upcoming NAA show in San Diego in June. We had a successful Fall meeting with a full house of over 50 attendees and a unique set of speakers ranging from the San Diego County Bureau of Weights and Measures to a representative from HUD out of Washington, D.C.

 

Government Affairs Committee – One of the most successful initiatives for the UMCA last year was the continued expansion and formation of the Government Affairs Committee under the leadership of Arthur Blankenship. This committee made great strides in containing burdensome regulations and promoted positive regulatory changes where applicable. Major initiatives were lobbied in Ohio, New Jersey, Maryland, North Carolina, San Jose, etc. The Committee itself has grown with an impressive list of the who’s who from the industry with the following members:

 

• Chairman – Arthur Blankenship, Argen

• Board Observer – Cole Bowman, PayLease

• Michael Foote, PayLease

• Grant Forehand, NES

• Kim Godsey, Minol

• Jeff Peterson, RealPage

• Fred Rice, Spectrum

• Marc Treitler, Conservice

• Falise Platt, UMCA

• Ruby Beatty, UMCA

 

UMCA Regulatory Database – The database is a key asset of the UMCA. All 50 states are covered with details regarding regulation for submetering and RUBS for water, electric and gas. An extremely valuable tool for our membership. In addition, it offers our members the ability to request questions and research for a fee where applicable. Please makes sure you take advantage of this unique aspect of your membership.

We are excited to continue the growth of the UMCA and expand our influence and respect in the industry. The NAA, NMHC, local apartment associations as well as Real Estate ownership groups are increasingly recognizing the UMCA as the go-to source for information related to Utility Management & Conservation. Your membership and engagement is critical for our continued success. The June 2018 – May 2019 fiscal year will be another wonderful year for the UMCA. Please feel free to call or e-mail myself or our Executive Director with any questions, comments or request to get involved. We look forward to seeing everyone at the NAA Show in June and the Annual Meeting in Houston in October.

 

Best Regards,

Don Millstein, UMCA Chairman

Don Millstein, representing Pennsylvania, and Arthur Blankenship, representing Georgia and Mississippi, attended the NAA Advocate Conference in Washington D.C. March 13th-14th on behalf of the UMCA. Don and Arthur participated in several meetings with various Senators and Congressman discussing issues in the apartment industry including utility conservation & monitoring, affordable housing, cybersecurity and infrastructure investment. The conference was featured in the April 2018 issue of the Units Magazine "The Industry Sends Its Message" with UMCA Chairman, Don Millstein pictured in the article.

 

As of now, time lines of a bill passage have slipped in Ohio and the Lobbyists are not as optimistic for a passage. With the election year in Ohio, politics are at work. We however, remain diligent as bills can quickly gain legs as we continue the work in Ohio

 

CALIFORNIA:

DonOn April 24th, the San Jose City Council passed an anticipated ordinance where RUBS programs will need to be phased out at the end of leases for rent controlled properties. This is only for rent controlled units. Units built after September 1979 were not affected by this action. Please see the article from CAA on San Jose.

 

NEW JERSEY:

A bill from 2016 was reintroduced as a matter of practice. This bill has significant concerns although, at this time the bill is not expected to go anywhere. UMCA GAC has given feedback on the bill to Nicholas Kikis of NJAA, in the event the bill gains traction. On a different track, a court case regarding RUBS is on appeal after trial court judged in our industry’s favor.

 

TEXAS PUC:

The Texas PUC is expected to have rule making workshops regarding aspects of submetering complaint resolution. The UMCA GAC is monitoring for any further action.

 

We have just completed updates to the research database. As a member of UMCA you can gain access to the site by logging into the Research Database.

 

• Minnesota

• Oregon

• Kentucky

• Florida

 

As regulation changes over time, the UMCA also welcomes input and updates from all members and affiliates to keep the database current. For suggestions, updates, or more information on the UMCA research database, please email the UMCA Executive Director.

 

At the October Fall Meeting there was a call for candidates to be selected for the open Board seat positions. While elections are typically held during the Fall Meeting this was postponed until the first of the year. The Board wanted to thank everyone that showed interest in a Board position.

 

• UMCA would like to announce that Arlene Margulis with the Multifamily Utility Company is joining the UMCA Board of Directors.

 

• A special thank you to Arthur Blankenship for his many years of service on the UMCA Board of Directors and his continued support of the association. Arthur will remain involved in the association as the Chair of the Government Affairs Committee.

 

• Thank you to Jim Nehl for his service as the Chairman and his commitment to remain on the Board as a Director. Don Millstein will take the role of Chairman for the Association.

 

The UMCA Board of Directors are as follows:

 

• Don Millstein, President, H20 Degree

Chairman

• Jerry Baker, Owner, National Exemption Services

Treasurer

• Jeff Bening, Operations Manager, OnePoint

Secretary

• Arlene Margulis, Director of Operations, Multifamily Utility Company

Director

• Mark Jarman, President, Inovonics

Director

• Cole Bowman, Vice President of Operations, PayLease

Director

• Jim Nehl, Principle, Utility Management Solutions

Director

 

The UMCA Board of Directors will be attending their annual Spring Meeting on March 7th-8th in Safety Harbor, FL.

October 9-10, 2018

Location - Camden Headquarters

11 Greenway Plaza, Suite 2400, Houston, TX

 

The UMCA Board of Directors would like to get your help with the Fall Meeting. Are there any topics you are interested in hearing about? Do you have a contact for a potential speaker that the attendees would like to see? Please contact the UMCA Executive Director if you have any suggestions for the Fall Meeting. We would love to hear your input.

 

The UMCA’s Government Affairs Committee formed with the mission of advocating the interests of the submetering and allocation industry through pro-active relationship building and legislative and regulatory initiatives, and reactive lobbying efforts as issues arise.

 

Current members:

 

• Arthur Blankenship, Argen, Chair

• Kimberly Godsey, Minol

• Jeff Peterson, AUM/RealPage

• Marc Treitler, Conservice

• Fred Rice, Spectrum

• Grant Forehand, National Exemption Services

• Falise Platt, Project Based

• Ruby Beatty, UMCA E.D.

 

The GAC meets on the 3rd Monday of the Month. Anyone wishing to get engaged in the Committee should contact Arthur Blankenship.

Ohio SB157 is being pushed by Senator Bacon and has good likelihood of passage. The bill is currently in the Public Utilities Committee. Once the bill is passed through the Committee it will go to the House for passage, There is a great likelihood of success that this bill will pass. This is the closest ever to resolution in Ohio.

 

CALIFORNIA:

The City of San Jose deferred decision on RUBS billing until March. This is being monitored for action. The proposed prohibition on RUBS was attached to an ordinance limiting rent increases.

 

NEW JERSEY:

A bill from 2016 was reintroduced as a matter of practice. This bill has significant concerns although, at this time the bill is not expected to go anywhere. UMCA GAC has given feedback on the bill to Nicholas Kikis of NJAA, in the event the bill gains traction. On a different track, a court case regarding RUBS is on appeal after trial court judged in our industry’s favor.

 

PENNSYLVANIA:

Duquesne Light has attempted to disallow electric submetering. The widely held opinion is that they will not succeed. The UMCA GAC is monitoring for any further action.

 

TEXAS PUC:

The Texas PUC is expected to have rule making workshops regarding aspects of submetering complaint resolution. The UMCA GAC is monitoring for any further action.

 

This year Don Millstein and Arthur Blankenship will attend the NAA Advocate Conference in Washington D.C. March 13th-14th on behalf of the UMCA. The conference is an opportunity to network and learn more about the industry's issues. In addition, the NAA will set up meetings for Don and Arthur to meet with various Congressional Representatives & staff to introduce them to the UMCA and have a conversation regarding NAA topics of concern. This is a wonderful opportunity to expand the UMCA’s exposure and continued influence in the Multi-family industry.

 

The UMCA is excited to announce that we will have a booth at the NAA Conference, June 13-16, 2018 at the San Diego Convention Center. You can find us in in booth 2217.

 

To staff the booth we would encourage current members to volunteer their time at the show. We typically have over 20 members companies who have their own booth at the conference. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the UMCA Booth.

 

The UMCA Board would like to thank everyone who attended this year’s meeting in San Diego, CA. The event was a huge success so if you were unable to attend, we hope to see you at the 2018 Annual Fall Meeting.

The UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory updates on California, New Jersey, and Ohio as well as the state of the association.

 

In addition, we had three fantastic guest speakers at this year's meeting:

 

• Carlos Michelon is the Principal Water Resource Specialist with the San Diego County Water Authority. He prepared a presentation that addresses conservation issues and concerns as well as reported on the water supply needs of the San Diego region. Please review the presentation .

 

• Marco Mares from the California Bureau of Weights and Measures spoke to the group regarding the policies & procedures for processing submeters at the local county level, lead times, fees, and best practices. Please review the presentation.

 

• Kevin Han with U.S. Department of Housing and Urban Development presented about the Green MIP Reduction incentive that HUD launched relevant to the submetering industry. Please review the presentation.

 

A special thank you to Franklin Jiron and Michael Foote for the roundtable discussion on California SB7 and Kimberly Godsey for her presentation on legislative efforts in Texas and Pennsylvania.

 

The Board would also like to express their sincere gratitude to PayLease for all their help in arranging the logistics for the meeting and for hosting UMCA this year. Thank you!

 

If any members would like more details or need any follow-up information from the meeting, please contact the UMCA Executive Director .

 

The UMCA is proud to announce that we will have a booth at the NAA Conference, June 13-16, 2018.The show will be held at the San Diego Convention Center. We will be in booth 2217.

 

To staff the booth we would encourage current members to volunteer their time at the show. We typically have over 20 member companies who have their own booth at the conference. Please contact the UMCA Executive Director if you have any questions or are interested in helping out in the UMCA Booth.

 

The coalition lobbyist is negotiating an acceptable Senate bill expected to be completed and voted on by the end of first quarter 2018. The House has a slower process which will most likely take us into the second quarter, though we are pushing to have this completed earlier. After the House bill comes the reconciliation between the two bills, then on to the Governor for signature. States like Ohio who have two-year legislative sessions often take the full two years to get to the final approval. This is the closest we’ve ever been to a resolution and are keeping firm in our commitment to see it through.

 

NEW JERSEY

The New Jersey Apartment Association filed a petition on June 16, 2017 to request that submetering be allowed in existing buildings. This petition included water, electric and gas. At this time the NJAA is still waiting for a response.

 

SAN JOSE, CA

In November the City Council of San Jose, CA extended their policy on utility cost sharing (RUBs) until March 2018. As the City Council further studies the issue, we can expect further action will be needed by members.

 

TEXAS

The Texas PUC is expected to begin a rule making process regarding submetering in the near future. We are monitoring the process to ensure there is a voice at the table. If anyone learns of any further developments please contact us.

 

You're Invited

When: Thursday, November 9th from 8:00am - 4:00pm

 

Where: University Club Atop Symphony Towers, 750 B St #3400, San Diego, CA

 

We are excited to announce that we will have speakers from CAA, San Diego County Water Authority, Weights and Measures, and HUD

 

You won't want to miss it!

 

The UMCA Annual Fall Meeting is open to both members and interested, non-members.

 

UMCA is pleased to announce a call for nominations for the Board of Directors. The Call for Nominations is now open for two Director positions within the association.

 

Service on the UMCA Board of Directors is a chance to help raise awareness of the industry, aid in the advancement of industry guidelines and standards, as well as, lead efforts in the regulatory and legislative forums. This is a chance to work more closely with other industry associates, influence growth and raise awareness of the submetering and utility allocation business. This is an exciting time to join the leadership of UMCA and help us map our future.

 

Those who are interested, please email a brief biography, including qualifications and a summary on why you are interested in joining the UMCA Board to the UMCA Executive Director.

 

Elections will be held during the Fall Meeting on November 9th. All bios should be submitted by October 20, 2017.

 

The coalition lobbyist is negotiating an acceptable Senate bill expected to be out by year’s end; the sponsoring Senator is open and receptive. The House has a slower process which will most likely take us into next year. States like Ohio who have two-year legislative sessions often take two years to get to the goal post. This is the closest we’ve ever been to a resolution and are keeping firm in our commitment to seeing it through.

 

Texas SB873 channels consumer complaints regarding over-charging from submetering through the utility commission. We much prefer an administrative process over a court proceeding for complaint resolution. The commission is charged for setting up the complaint processes, and we are monitoring the PUC so we will be included in workshops on this topic. In general, we are finding the PUC amenable in their oversight of our industry. If anyone has additional information please contact the UMCA Executive Director.

 

As you may know, back in 2015 we renovated the UMCA website with a refreshing new look and feel. In an effort to expand the website and create a stronger sense of community within the association, we would like to introduce a Member Community page. This next phase of our website would include all UMCA member’s, their company logos, and a link to their official website. Be sure to check out the new Member Community Page on the website.

 

The UMCA board held their annual strategy meeting in Safety Harbor, FL where they reviewed and discussed what went well and areas for improvement in the past year and also did planning for the up-coming year.

 

The past year was once again very successful with continued growth in membership, financial stability, the formation of the Government Affairs Committee (GAC) and a well-attended and informational fall UMCA conference.

 

Looking forward, the 2017-2018 focus areas are:

 

1. Contain burdensome and promote positive regulation changes at all levels of government by effectively mobilizing member involvement with coordinated efforts of governmental affairs and other organizations of influence such as the NAA and NMHC Furthermore, the current members of the newly formed Government Affairs Committee (GAC) include: Arthur Blankenship (Argen-Chair), Ruby Beatty (UMCA), Kim Godsey (Minol), Keith Omsberg (PayLease), Jeff Peterson (AUM), Falise Platt (Representing the UMCA), Fred Rice (Spectrum) and Marc Treitler (Conservice). The GAC has already held several of their monthly meetings and as many of you already know, the GAC was formed to provide structure, focus and efficiency in dealing with the complex topic of government regulation as it pertains to our industry.

 

2. Continued efforts to market our brand. This year the UMCA will have a booth at the NAA show to increase awareness of the UMCA mission statement. Please stop by and visit us at booth # 2310. In addition, Ben Truehart and Jim Nehl also presented at the NMHC Optech on behalf of the UMCA last fall on the topic Utility Management. And finally, we continue to develop relationships with the NMHC, NAA and other key associations within our industry.

 

3. Maintenance and enhancement of the UMCA Regulatory database. Our survey results show that this item continues to be of high value to membership. We have spent a good deal of effort in successfully filling in all of the known “gaps” plus added additional detail to the database as member requests bring to light new information. As always, send in your requests to Ruby where additional research may be needed for your specific metering and billing questions.

Thank you to all the current members for your support of UMCA. Please continue to send in any suggestions on what you would like the UMCA to focus on as the UMCA board continues to strive to create the best value for its members.

The UMCA will have a booth at the NAA Education Conference, June 21 – 24, 2017. The show will be held at the Georgia World Congress Center in Atlanta, Georgia, we will be in booth number 2310.

 

UMCA is excited to announce that our presentation entitled Update on Regulations & Best Practices for Tenant Utility Billing has been selected by the NAA Conference Education Committee for one of the time slots as part of their 2017 NAA Education Conference & Exposition Learning Zone session. These presentations will be held in the tradeshow area during the show hours. The following is the time slot for the UMCA presentation:

 

Update on Regulations & Best Practices for Tenant Utility Billing

 

Location - Stage 1 - Booth #851

Date - Friday, June 23

Time - 12:15 p.m. - 1:00

 

Presented by the UMCA - Jim Nehl & Don Millstein

 

As members don't forget, if you are available, please volunteer some of your time to help out in the booth during the show. We couldn't do this without you.

 

Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

The UMCA’s Government Affairs Committee has formed with the mission of advocating the interests of the submetering and allocation industry through pro-active relationship building and legislative and regulatory initiatives, and reactive lobbying efforts as issues arise.

 

The GAC has made further revisions to the Model Legislation, and this will be a topic in San Diego in November. We feel that if this had been on hand earlier, the whole Ohio issue might have taken an easier route. Anyone wishing to get engaged in the formation of the Model Legislation should contact Arthur Blankenship.

As you may know, UMCA has been working closely with Lobbyists in Ohio. A state bill with a strong sponsor is currently under negotiation. This case is too fluid to give details which may change, though resolution is closer than ever. We hope to soon report a positive outcome.

 

Texas Senate Bill 873 was introduced to relieve drive-by court cases which will require consumers to go first to the Utility Commission for issue resolution. This bill relates to the authority and liability of owners and managers of apartment houses, manufactured home rental communities, condominiums, and multiple use facilities in charging tenants for submetered and nonsubmetered master metered water and wastewater services. Currently the bill has passed the house and the senate and has been sent to the Governor for signature.

We have just completed another round of updates to the research database. The state updates include:

 

• Oklahoma

• Indiana

• Louisiana

• North Carolina

• Arizona

• Arkansas

 

As a member of UMCA you can gain access to the site by logging into the Research Database. As regulation changes over time, the UMCA also welcomes input and updates from all members and affiliates to keep the database current. For suggestions, updates, or more information on the UMCA research database, please email the UMCA Executive Director.

Another quick year has passed and once again it was time for your UMCA board to meet in Tampa on March 15th for our annual planning meeting. We used this time together to check our mission and goals against the direction and desired outcomes as provided to us by membership. This past year has been an exciting one with our increased membership, the formation of the “Government Action Committee” and a great fall meeting. Feel free to contact our Executive Director, Ruby Beatty, for any additional thoughts on what you would like the UMCA to focus on. And finally, stayed tuned for more updates on our upcoming goals and objectives for the new year in our spring newsletter.

 

Best regards,

Jim Nehl, UMCA Chairman

 

We have just completed a round of updates to the research database. This project included the update of 12 different states across gas, water and electrical utilities. You can also see other major updates in the database that included:

 

• California

• Washington

• Virginia

• Illinois

• DC

• New Jersey

• New York

As a member of UMCA you can gain access to the site by logging into the Research Database. As regulation changes over time, the UMCA also welcomes input and updates from all members and affiliates to keep the database current. For suggestions, updates, or more information on the UMCA research database, please email the UMCA Executive Director.

Keep a lookout as more updates to the research database are planned.

The UMCA is proud to announce that it will have a booth at the NAA Tradeshow, June 21 – 24, 2017. The show will be held at the Georgia World Congress Center in Atlanta, Georgia, we have booth number 2310 and anticipate excellent traffic flow.

 

To staff the booth, we would encourage current members to volunteer their time throughout the show. Typically, over 20 member companies have their own booth. As we get closer to the show an email sign-up list will be distributed requesting assistance to man the booth. This is an exciting next step in the growth of the UMCA. Please contact the UMCA Executive Director if you have any questions or are interested in helping out at the booth.

In addition to monitoring and working on several state initiatives, the seven person Government Affairs Committee is working on the following:

 

1. Regular communication with membership and other industry parties. We need you to let us know of      issues you see which impact our industry. We can only act on what we know.

2. Monitoring state legislatures and significant local authorities. Again, we need everyone’s help in alerting      us of issues in their backyard.

3. Working with regulators to influence how they interpret and implement legislation. Do you see any      regulatory items that need addressing to make your day easier?

4. Continue to develop model Legislation and build a consensus from a 10,000 feet viewpoint.

 

Interested parties are welcome to pitch-in and help push our industry higher. Contact the Government Affairs Committee Chair, Arthur Blankenship, for more information.

The Public Utilities Commission of Ohio has had its eyes on regulating the submetering industry since early 2016, which is in addition to the state legislative action. A group has been following and actively working on all fronts in the state.

 

In December 2016 PUCO released a long-awaited decision, which requested comments on what threshold above cost would trigger regulation of a submetering company as a utility by PUCO. There were numerous comments challenging PUCO’s authority in the matter, which resulted in the unusual step of PUCO granting a re-hearing.

 

The UMCA filed comments with-holding an answer on the threshold question until PUCO’s authority to regulate is resolved. The group watching the proceedings will reply or attend hearings as needed; we expect an opportunity to further comment once the hearing unfolds.

 

On the legislative side, the PUCO action and ultimate decision is not expected to solve the overall issue or sway the approach forward. Our lobbyist continues to monitor the legislature and action could trigger at any time.

 

On the local side, the City of Columbus is holding a hearing regarding submetering regulation, though passage is not expected at this time. Cleveland Elec already has regulations on the books. The UMCA’s position is state legislation is the need and local regulation is not the way to go, though the possibility of additional local action may stimulate the legislative solution.

 

Anyone knowing of national, state or local issues threatening our industry should contact the UMCA Executive Director or Arthur Blankenship.

The UMCA Government Affairs Committee has been actively following the Maryland legislature in the 2017 session due to the submission of a bill in 2016 which was a threat to RUBS billing. The lawyer/lobbyist retained by the UMCA in Baltimore has coordinated review and tracking of bills regarding RUBS this legislative session. There were over 500 bills submitted by the deadline, and we do not see a direct threat to RUBS this session. The lobbyist’s work has been put on hold until the session ends and any the potential for a threat officially ends.

The UMCA continues to support the efforts of the New Jersey Apartment Association (NJAA) in regards to submetering issues in New Jersey. The NJAA is in the final stages of submitting a filing to the BPU to allow water submetering in retrofit multi-family properties.

 

The NJAA & UMCA are also continuing to watch the appellate division ruling over the Crossman v. Resource case regarding RUBS in New Jersey. The UMCA will continue to monitor this case.

The UMCA is encouraged by recent press in one of the industry leading trade magazine Units. In the February Issue, an article entitled “Water Conservation: One drip at a time”. The article discusses the benefits of submetering not only for billing tenants but also for identifying leaks in a 500-unit apartment. The multi-family industry trade magazines have recently published various articles discussing submetering, leak detection, case studies, new legislations such as California’s SB-7 that requires water submetering in multi-family new construction properties. The UMCA will continue to monitor the trade industry press..

At the October 26 and 27, 2016 Board of Directors Meeting and Fall Meeting respectively, new officer roles were selected and a board member selection was voted on by all present members.

 

As of October 27, 2016, the new officer positions of the UMCA Board of Directors are as follows:

 

The UMCA Board of Directors are as follows:

 

• Jim Nehl, Principle, Utility Management Solutions

Chairman

• Ben Truehart, SVP Strategy and Product Management, PayLease

Vice Chairman

• Jerry Baker, Owner, National Exemption Services

Treasurer

• Arthur Blankenship, President/CEO, Argen Billing & Conservation

Secretary

• Jeff Bening, Operations Manager, OnePoint

Director

• Don Millstein, President, H20 Degree

Director

• Mark Jarman, President, Inovonics

Director

 

The UMCA Board of Directors will be attending their annual Spring Meeting on March 15, 2017 in Safety Harbor, FL.

The UMCA Board would like to thank everyone who attended this year’s meeting in Addison, TX. The event was a huge success! If you were unable to attend, we hope to see you at the 2017 Annual Fall Meeting.

 

The UMCA Board was excited to showcase the progression of our marketing initiatives, regulatory updates on California, New Jersey, and Ohio as well as the state of the association.

 

In addition, we had three fantastic guest speakers at this year's meeting:

 

• Jeff Duerstock of nrg presented information on Smart Meters and the advantages they bring to end-consumers and utilities.

 

• Terry Lyden of Utility Revenue Services, presented his insights and findings from audits of third party billing companies and the bill back programs of apartment operators to further promote best practices for our members.

 

• Gabriel Cardenas and Richard Saldana from the Texas Public Utilities Commission presented an overview of Texas rules and regulations for submetering and billing, PUC forms and efficiencies for meter installation and billing, as well as provide a review of resident complaints received by the Public Utilities Commission related to us and conduct an open discussion on what can be done to mitigate/reduce them.

 

If any members would like more details or any follow up information from the meeting, please contact the Executive Director.

 

The Board would also like to express their sincere gratitude to Minol, Andrian Basson and Kimberly Godsey for all of their help in arranging the logistics for the meeting and for hosting UMCA this year.Thank you!

The UMCA is proud to announce that it will have a booth at the NAA Tradeshow, June 21 – 24, 2017. The show will be held at the Georgia World Congress Center in Atlanta, Georgia, we have booth number 2310 and anticipate excellent traffic flow. The goal of having the booth is to support our member companies and provide educational material related to utility allocation & conservation and the association in general to the attendees, such as owners, property managers, service providers, vendors, etc. The exposure at the show to the entire multi-family community including the local NAA chapters and the media will be an excellent tool to increase the UMCA visibility and be used to recruit new members.

 

To staff the booth we would encourage current members to volunteer their time throughout the show. Typically over 20 member companies have their own booth. As we get closer to the show an email sign-up list will be distributed requesting assistance to man the booth. This is an exciting next step in the growth of the UMCA. Please contact the Executive Director if you have any questions or are interested in helping out at the booth.

In a December 7, 2016 decision the Public Utilities Commission of Ohio (PUCO) asserted its regulatory authority over submetering (or similar) companies that charge high rates for the resale and redistribution of utility service. If a submetering company charges more than an approved threshold above a similar default service customer, then it is presumed the company is acting as a public utility and therefore is subject to PUCO jurisdiction. PUCO will apply the test on a case-by-case basis resulting from complaints brought forth by customers of the submetering company. The regulations and its impact on the ongoing legislative process are being reviewed; it is felt this will put pressure on the parties to get a bill passed. Stakeholders should submit comments to PUCO by January 13, 2017; the UMCA will be submitting comments. Anyone who would like to assist in this cause should contact the Executive Director or Arthur Blankenship.

 

In 2016 Maryland saw legislative movement to ban RUBS statewide, which was successfully turned back. We have learned the delegate intends to reintroduce the legislation during the 2017 session. We do not know in what posture it will be introduced or if it will include language addressing the RUBS issue. A lobbying firm has been retained to monitor the session and engage in activity if threats materialize. If you have business in this state you should consider participating in the effort; contact the Keith Omsberg or the Executive Director for details.

 

NEW JERSEY

 

• Submetering allowed for new construction for electric & water

• New Jersey Board of Public Utilities does not allow for retrofits

• NJ Apartment Association (NJAA) is working to seek authorization for retrofits

• NJAA decided to go for regulatory change rather than legislation

• Hoping to file Petition within the Christie Administration. NJAA goal is to file in 2016 and finalize in 2017

• UMCA has supported the NJAA with white papers, case studies & datasets

• Rubs Legislation case - Crossman v Resource MS Stonybrook

• UMCA members also supporting the case

• Appears legality of RUBS is being upheld

 

California Legislation SB 7 Mandates Water Submetering in Multi-Family Facilities

 

Landmark SB 7 bill aims to improve water conservation and leak mitigation in new construction, multi-family dwellings in California starting in 2018

 

California State Senate Bill SB 7, passed in September of this year, requires water submetering in all new-construction multi-family dwellings in California after Jan. 1, 2018. The goal of SB 7 is to hold tenants accountable for water usage and encourage conservation while providing consumer protection. The bill also addresses the prevalent problem of water leaks – a major source of unnecessary water consumption. Tenants are incentivized to conserve water since they are held accountable for their individual usage, and property managers are able to take proactive water-saving maintenance measures since they receive daily leak-detection reports.

 

Many UMCA members supported the four-year effort to pass SB 7. Other organizations and agencies behind the bill’s passage include: the California Building Industry Association (CBIA), the California Association of Realtors, the Western Center on Law & Poverty, the Sierra Club, and the California League of Conservation Voters.

 

Below are some of the key highlights from the bill that UMCA members will be interested in understanding.

 

Sec. 1954.203 – Hardware Requirements

Comply with all California laws including CA plumbing code & Business & Profession Code

 

Sec. 1954.205 - Billing Fees

Billing and administrative fees at the lesser of $4.75 or 25% of the amount billed

 

Sec. 1954.210 - Leaks

Leaks must be repaired within 21 days of notification from tenants or landlord becomes aware based on usage or reports. After 21 days and no repair, billing limited to lesser of $15 or actual usage After 180 days without repair, no charges can be charged until fixed

 

Sec. 1954.216 – Ratio Utility Billing Systems

“(c) Nothing in this chapter shall be construed to apply or create a public policy or requirement that favors or disfavors the use of a ratio utility billing system.”

 

The general consensus interpreting the RUBS language is as submeters are required for new construction beginning 1-1-18, RUBS programs for new properties will not be allowed passed that point. New RUBS programs for properties built prior to 1-1-18 will be allowed.

 

Sec. 1954.219 – Exemptions

 

• Long-term health care facilities

• Low-Income Housing

• Residential care facilities for the elderly

• Housing at a place of education

• Time share properties

 

Amendment to Chapter 8 of Division 1 Water Code

Sec. 537.1 – Installation by one of the following:

 

• Contractor licensed by the State employing at least 1 journey person who graduated from CA State approved apprentice program

• Registered Service Agency approved by CDFA

 

Sec. 537.2 – Permits cannot be denied if:

• Submeter manufacturer delay

• County sealer delay

• Meters must be installed within 120 days after sealing

Board elections will be held during the UMCA's Fall Meeting for the open Board seats. In order to be eligible, you must be a current member and in good standing.

 

For those interested in becoming a UMCA Board member, please email a brief biography including qualifications and a short paragraph on why you are interested in the Board seat to the execdirector@utilitymca.org

 

All bios should be submitted no later than October 6, 2016.

 

When: October 27, 2016 from 8:00AM-4:00PM

 

Where: Event hosted at the Minol Center in Addison, TX

              15280 Addison Road, Suite 150, Addison, TX 75001

 

Hotel Accommodations: Springhill Suites

               15255 Quorum Dr., Addison, TX 75001.

 

To RSVP to the Annual Fall Meeting please email execdirector@utilitymca.org

 

Agenda to follow.

 

UMCA board members Jim Nehl and Ben Truehart have been invited to lead a presentation on Utility Reduction and Cost Recoup Programs at this year’s NMHC OPTECH Conference in Dallas, TX (November 14-16). The session will provide an overview of utility cost recoup and reduction programs, best practices for implementation, and recent trends. Topics will include billing back utilities, in-rent versus bill-back numbers, state and local regulatory considerations, and customer service implications including communication throughout the changeover, lease changes and disclosures and responding to resident inquiries.

 

If you are planning to attend the conference, please be sure to stop by. To see the full conference agenda, please check out the OPTECH Agenda on the NMHC website. Early bird registration ends Oct 14.

 

The Government Affairs Committee is up and running to advocate and protect the interests of our industry. We cannot do this alone, and need everyone’s eyes and ears fully open. It is critical if you know of any legislative or regulatory issue at hand, on the horizon or even already implemented, that you contact us immediately via the Executive Director. Only through you can we act.

 

The GAC’s mission is spelled out in our By-laws (in part): “to articulate and advocate the needs and interests of the Submetering and Utility Allocation Industry before legislative, administrative and judicial branches of local, state and national governments and to otherwise promote the public policy interests of the Submetering and Utility Allocation Industry”.

 

We do this through maintaining an accurate legislative database, lobbying efforts aimed at acceptable standards and practices, creating alliances with like-minded organizations, building relationships with key influence persons, and attracting funding and talent.

NEW JERSEY: The NJ Apartment Association (NJAA) is petitioning the PUC to allow submeter retrofits, heretofore not allowed in the state. The NJAA believes the timing is critical to get this done with the Christie administration. The NJAA is submitting the proper paper work in September and has hired a lobbyist to pursue this petition. The UMCA has supported the NJAA efforts with white papers, case studies and datasets in and out of the state of NJ showing the conservation benefits of submetering in reducing water consumption. The NJAA has used this supporting documentation as part of their package delivered to the PUC. The UMCA will continue to monitor this petition and provide support where applicable.

 

The NJAA also noted they are monitoring activity in New Jersey related to an active legal case regarding the legality of RUBS. The case is called CROSSMAN v. RESOURCE MS STONYBROOK NJ MFP, LLC. The UMCA will monitor this case and report any updates to its membership.

 

OHIO: UMCA continues to be concerned about the developments in the Ohio legislature; strong interests would like to eliminate the submetering industry. Our livelihood in Ohio is at risk.

 

The Columbus Dispatch continues to run articles on submetering and the legislative efforts to control our industry. Their latest article is here: Columbus Dispatch

 

Surprisingly, legislation was introduced during this lull of the national elections, and the working group and lobbyist are engaged in the process. We do not expect any further action on the bill until after the election though a watchful eye is being kept open. The working group has a conference call scheduled for September 8 to plan the steps ahead. At this time it is unsure if this will come to a head and be completed by the year’s end, or if this might spill into next year. If this does go into another session then a re-set of the working group may be necessary. The UMCA will remain engaged for the long-haul.

 

CALIFORNIA: While the UMCA made the decision last year to discontinue formal lobbying efforts in California, there are some recent developments regarding California Senate Bill 7 in which the Association will continue to monitor and report any updates to the membership.

UMCA Fall Meeting

 

DATE: October 27, 2016

 

TIME: 8:30 a.m. to 4:00 p.m.

 

LOCATION: Dallas, TX

 

More information to follow.......

As you know, there was a recent Board seat vacancy. We thank everyone who participated and voted through our email ballot election. We would like to announce that Jeff Bening is joining the UMCA Board of Directors.

 

The UMCA Board of Directors:

 

Jim Nehl, Principle, Chairman

Jerry Baker, Owner, Treasurer

Don Millstein, President, Director

Mark Jarman, President, Director

Arthur Blankenship, Director

Ben Truehart, Director

Jeff Bening, Operations Manager, Director

The UMCA’s Government Affairs Committee has formed with the mission of advocating the interests of the submetering and allocation industry through pro-active relationship building and legislative and regulatory initiatives, and reactive lobbying efforts as issues arise. The five person committee seeks interested members as candidates for involvement in this exciting work. Also, anyone who knows of issues at hand or on the horizon needs to let the committee know so actions can be planned and implemented. If you are interested in more information please contact Arthur Blankenship at arthur@argeninc.com or Ruby Beatty at execdirector@utilitymca.org.

As you may know, the Association has been working with UMCA representatives to introduce a bill that would allow owners to recover their utility costs and billing fees while still protecting residents from unreasonable or inflated utility charges. Significant and serious efforts are under way by the group fighting for our industry within the state. We hope to soon report a positive outcome.

A bill was proposed in the Maryland General Assembly that would prohibit RUBS allocation for water/sewer across the state for all properties as of January 1, 2017. House Bill 545 planned to limit any resident submetering fees to $2.00 and any landlords found in violation of the statue would be liable for damages of at least $1,000 per violation and attorney’s fees. Any counties that regulate water/sewer allocation as of July 1, 2016 would be exempt from the bill requirements.

 

UMCA formed a coalition of companies that were committed to a lobbying engagement in Maryland with the goal of amending the bill prior to the end of the legislative session on April 11, 2016. Prior to the end of the session House Bill 545 was withdrawn by the sponsor in the Senate and given an unfavorable report. With the close of the legislative session the bill was not resurrected.

CALIFORNIA: While the UMCA made the decision last year to discontinue formal lobbying efforts in California, there are some recent developments which may warrant the UMCA being re-engaged on that front. Stay tuned as the Association continues to monitor the activity.

 

FLORIDA: Earlier this month, the House Regulatory Affairs Committee passed HB 491 which would exempt certain persons from regulation as a utility. Specifically, any person charging his or her tenants for water would be exempt from regulation as long as the charge doesn’t exceed the purchase price plus the actual cost of meter reading and billing up to 9% of the cost of service. House Bill 491 passed in both the House and the Senate then signed by the Governor on April 14, 2016. The law will go into effect July 1, 2016.

The UMCA has begun some initiatives to increase its brand awareness along with membership. Significant improvements to the website have been made for ease of navigation for members along with attracting interested stakeholders. As part of the initiative to bring more value to our member, the UMCA would like to list members on the website so they get recognition as members and sales inquiries could be referred to this list. An opt-in form will be sent to members if they would like to be listed or you can reach out directly to the Executive Director at execdirector@utilitymca.org regarding your interest on being listed on the website.

 

A new membership recognition tradeshow easel plaque has been developed and will be distributed at the NAA Show to over 15 exhibiting members. As an industry association, it is wonderful to show that our members are active in the market and demonstrates to customers that member companies are investing in the industry and are on top of regulatory affairs in the marketplace. Over the next 6 months, the UMCA will continue to invest in marketing efforts to expand the brand as well as create more value for the members. Please keep a look out for additional marketing opportunities in your local markets.

Jim Nehl, Principle, Utility Management Solutions

Chairman

 

Jerry Baker, Owner, National Exemption Services (NES)

Treasurer

 

Ashley Velasquez, Compliance Analyst, Minol

Secretary

 

Don Millstein, President, H20 Degree

Director

 

Mark Jarman, President, Inovonics

Director

 

Arthur Blankenship, President/CEO, Argen Billing & Conservation

Director

 

Ben Truehart, SVP Strategy and Product Management, PayLease

Director

The UMCA Board of Directors will be attending their annual Spring Meeting on March 8th-9th in Safety Harbor, FL

As anticipated, the Public Utilities Commission of Ohio opened an investigation in Mid-December 2015 into the scope of the Commission’s jurisdiction over submetering in Ohio. After reviewing the Columbus Dispatch article about the investigation as well as the initial public comments that were filed, the UMCA became concerned about the increasingly inaccurate portrayal of submetering in Ohio. In order to mitigate the potential impact of the investigation, the UMCA formed a coalition of 15 companies to fund representation in the case with the goal of protecting UMCA members from unreasonable regulation by the Commission. Initial comments and reply comments were filed on behalf of the UMCA emphasizing the distinction between UMCA members’ business practices and those of divergent companies and urging the Commission to avoid asserting jurisdiction over the vast majority of submetering companies. The UMCA is eagerly awaiting the Commission’s determination in the investigation and will continue to monitor the case.

 

On the legislative side, the UMCA representatives recently met with interested parties to discuss the potential introduction of a bill that the UMCA has been actively working to finalize. The bill would allow owners to recover their utility costs and billing fees while still protecting residents from unreasonable or inflated utility charges. The UMCA continues to work on finalizing the bill language with the goal to have the legislation introduced this spring. Depending on the outcome of the investigation, the UMCA will adjust its strategy moving forward as needed.

As you may know, a bill was recently proposed in the Maryland General Assembly that would prohibit RUBS allocation for water/sewer across the state for all properties as of January 1, 2017. House Bill 545 would also limit any resident submetering fees to $2.00 and any landlords found in violation of the statue would be liable for damages of at least $1,000 per violation and attorney’s fees. Any counties that regulate water/sewer allocation as of July 1, 2016 would be exempt from the bill requirements.

 

 A coalition of companies have committed to a lobbying engagement in Maryland with the goal of amending the bill prior to the end of the legislative session on April 11, 2016. Accordingly, UMCA representatives testified at the Committee hearing in opposition of the bill and have been meeting with key stakeholders to discuss industry concerns and potential compromises to the bill language. If any members would like more details or would like to be involved in the Maryland efforts, please contact the UMCA’s executive director.

CALIFORNIA: While the UMCA made the decision last year to discontinue formal lobbying efforts in California, the Association continues to monitor legislative activity to determine if additional involvement is needed. Currently, interested parties are attempting to reach a compromise regarding divisive plumbing and installation requirements. If a compromise is reached, the Association will need to make a decision on whether to engage in formal lobbying efforts in California.

 

FLORIDA: Earlier this month, the House Regulatory Affairs Committee passed HB 491 which would exempt certain persons from regulation as a utility. Specifically, any person charging his or her tenants for water would be exempt from regulation as long as the charge doesn’t exceed the purchase price plus the actual cost of meter reading and billing up to 9% of the cost of service. If the bill passes, it would go into effect on July 1, 2016. The bill seems to be a positive step for the industry and the UMCA will continue monitoring the bill as it progresses.

The UMCA continues its work on Senate Bill 7 . The bill requires the installation of a meter or submeter at the unit level in multi-family buildings after January 1, 2017. Among other things, the bill would also require landlords to make certain lease disclosures, calculate bills in a prescribed manner, and limit administrative fees charged to residents.

 

While the bill is a good step towards encouraging water conservation in the state, some of its provisions create an undue burden on billers and/or place current billing programs in jeopardy. The UMCA is meeting with several stakeholders in hopes of amending the bill prior to the end of the legislative session on September 11, 2015.

 

If any members would like more details or would like to be involved, please contact the UCMA’s Executive Director.

The UMCA continues to align strategic support in Ohio. Most recently, UMCA representatives in Ohio met with key stakeholders to discuss industry concerns and potential compromises on future bill language. Specifically, the discussions focused on a way to allow owners to recover their utility costs and billing fees while still protecting residents from unreasonable or inflated utility charges. The UMCA plans to draft sample legislative language based on these discussions with the goal of seeing a bill introduced in the fall. The UMCA also continues to monitor the PUCO complaint case, however at this time no further action is needed. The case documents are available on the PUCO website .

The Oregon Legislature recently enacted important changes to the Residential Landlord and Tenant Act which will go into effect on January 1, 2016. There are numerous provisions that pertain to landlord/resident utility billing, including but not limited to:

• Express provisions for damages when fees are assessed in violation of the rules (ORS §90.302)

• Expanding the definition of ‘Utility or Service’ to include public services (i.e. street maintenance, transportation improvements, public transit, public safety, and parks and open space) and regulations on how such charges can be passed back to residents (ORS §90.315)

• Landlord must bill the tenant in writing for utilities within 30 days of receiving the provider bill

• Specific lease language disclosures related to utility billing and allocation method

• Bill must include a copy of the provider bill or a statement that the resident can inspect the provider bill upon request

• Clarification that tenant utility payments must be considered timely if paid within 30 days of bill delivery date (such due date must be listed on the bill)

• Electronic billing allowed as long as the rental agreement allows for such

 

The full text of the bill may be found here . The UMCA encourages all members to review any current billing programs in Oregon to ensure compliance with the current and upcoming new requirements and to avoid any unwanted penalties associated with noncompliance.

The 2015 Fall Meeting will be held in Santa Barbara, CA on October 14-16. More information about the event will be sent out and we look forward to seeing you there. .

On January 1, 2015, California Assembly Bill 2451 came into effect. Due in large to the efforts of the UMCA and other industry stakeholders, increased flexibility has been introduced to the state’s testing protocols to ensure that apartment developers will have a ready supply of water submeters. The new law does the following:

• Allows water submeters to be tested in one county and used in other counties where demand is greater

• Allows approved water submeters to be stockpiled for a period of 12 months, so that they are ready to be installed when needed

• Requires fees in the county where the water submeter is tested and installed

• Clarifies that submeters are “placed in service” when they are installed and operating, easing liability concerns related to the mere submission of a failed submeter

• Requires sealers to return failed meters instead of seizing and destroying them, subject to certain exceptions (e.g. intentional tampering)

The full text of the bill may be found here. The UMCA is building on its success and pursuing more comprehensive submetering legislation in 2015. Please contact execdirector@utilitymca.org if would like to be involved with California lobbying efforts. .

A new legislative session is well underway in Ohio, and the UMCA has been busy aligning strategic support in anticipation that representatives may introduce new submetering legislation.  The issue of submetering has been gaining traction in the media, and the UMCA plans to stay involved with the Ohio lobbying engagement by proactively pushing for legislation that is favorable to the submetering industry should the call or regulation resurface.  Recently, a complaint was filed with the Public Utilities Commission of Ohio (“PUCO”) asking that the PUCO assert jurisdiction over submetering companies. While it is unknown how the case may impact the efforts to regulate the submetering industry, it is becoming clear the spotlight on the industry is not going away anytime soon which reiterates the importance of UMCA member involvement.

In a recent ruling, the Minnesota Court of Appeals held that Minn. Stat. 504B.215 “does not prohibit a landlord from billing tenants for fees charged in connection with tenants’ utility bills and does not impose a requirement that those fees be equitable in comparison to the costs of the utilities services apportioned among tenants” Persigehl v. Ridgebrook Investments Ltd. P’ship, No. A14-0027, 2015 WL 404486 (Minn. Ct. App. Feb. 2, 2015).

The plaintiffs in the class action case alleged that the defendant landlord was in violation of state law because Minn. Stat. 504B.215 requires that use of “an equitable method of apportionment” which precludes charging tenants any administrative fee not related to the apportionment of an actual charge from the servicing utility company. Plaintiffs also argued that in the alternative, even if administrative fees are allowed under state law, the landlord charge excessive fees (sometimes more than the costs of utilities for a given unit) in violation of the section’s “equitable” requirement.  The Court declined to accept either interpretation, explaining that the legislature did not intend the portion of the law requiring an equitable method of apportionment to govern the issue of add-on fees.

The decision is appealable and the UMCA will continue monitoring the case.