CHAPTER 43

FORMERLY

SENATE BILL NO. 33

AS AMENDED BY SENATE AMENDMENT NO. l

AN ACT TO AMEND TITLE 25 OF THE DELAWARE CODE RELATING TO METERING AND CHARGES FOR UTILITY SERVICES FOR COMMERCIAL UNITS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend Section 5114, Title 25 of the Delaware Code by adding thereto a new subsection to read as follows:

"(h) Notwithstanding anything to the contrary contained in subsections (a) through (g) of this Section, whenever any landlord or other person (i) purchases utility service from a public utility and redistributes the same to a tenant in a commercial unit and/or in connection with the operation of that commercial unit (e.g., the operation of the common area), and (ii) continuously meters the tenant's use in that commercial unit to which it redistributes the utility service and continuously meters the common area, such landlord or other person may charge and collect from such tenant, by way of rent or otherwise, an amount not to exceed the amount the tenants would be billed by the public utility for such utility service if the same was directly metered by such public utility."

Approved June 12, 1991.