PETITION OF:

Chapter 186 of the General Laws is hereby amended by inserting after section 21 the following section 22:—
(a) A landlord may charge separately for gas, water, wastewater or electricity, hereinafter sometimes referred to as a utility, by installing a submetering system or by allocating the charges through a ratio utility billing system.
(b) If a landlord charges separately for a utility pursuant to subsection (a) the landlord may recover the charges imposed on the landlord by the utility provider plus an administrative fee for actual administrative costs incurred by the landlord. The landlord shall not impose any additional charges.
(c) If the landlord is not in compliance with this section, the tenant shall first object in writing to the landlord regarding the utility billing. If the dispute is not resolved, the tenant may file a civil complaint to enforce this section.
(d) If the landlord uses a submetering or ratio utility billing system, the format for each bill shall:
1. Separately state the cost of the charges for the period together with (if applicable) the opening and closing meter readings and the dates of the meter readings.
2. Show the amount of any administrative fee charged.
(e) If a landlord does not use a submetering system and allocates charges separately for gas, water, wastewater or electricity, the landlord may allocate the costs to each tenant by using one or more of the following ratio utility billing system methods:
1. Per tenant or occupant.
2. Proportionately by occupied square footage.
3. Per type of unit.
4. Per number of utility fixtures.
5. Any other method that fairly allocates charges.
(f) The applicable rental agreement shall contain a specific description of any submetering or ratio utility billing system method used to allocate utility costs and the nature of any related administrative costs. Notwithstanding the foregoing, for any existing tenancies, the landlord may provide such information in a notice given to the tenant at least ninety days before the landlord begins using a submetering system or allocating costs through a ratio utility billing system.
(g) Any landlord imposing charges on tenants or otherwise engaging in any activity permitted hereunder shall not thereby be deemed to be functioning as a public or private utility company or subject to laws regulating any such company.
(h) Notwithstanding any other provision in this section, nothing shall be construed to prevent the occupants of a dwelling unit that is individually metered by a gas company, water company, wastewater company, and/or electric company for gas, water, wastewater, or electric service, supplied for the exclusive use of the particular dwelling unit and to an area within the exclusive possession and control of the occupants of such dwelling unit and which does not include any gas, water, wastewater or electric usage for any common area or by any other party or dwelling unit, from (1) being the consumer, (2) for billing purposes being the customer of record, (3) assuming responsibility for the payment of gas, water. wastewater and/or electric company bills. and (4) being subject to any actions of the gas, water, wastewater and/or electric company for nonpayment.
(i) The provisions of this section shall in no event be deemed to limit or otherwise regulate the payment of utility charges by tenants of premises not intended to be used for residential dwelling purposes.