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| To enact sections 4781.401, 4934.01, 4934.02, | 1 |
| 4934.03, 4934.04, 4934.05, 4934.06, 4934.07, | 2 |
| 4934.08, 4934.09, 4934.10, 4934.11, 4934.12, | 3 |
| 4934.13, 4934.14, 4934.15, 4934.16, 4934.17, | 4 |
| 4934.18, 4934.20, 4934.21, 4934.22, 4934.24, | 5 |
| 5311.082, and 5321.061 of the Revised Code | 6 |
| regarding measurement of public utility service to | 7 |
| premises administered by a landlord, condominium | 8 |
| unit owners association, or manufactured home park | 9 |
| operator. | 10 |
| Section 1. That sections 4781.401, 4934.01, 4934.02, 4934.03, | 11 |
| 4934.04, 4934.05, 4934.06, 4934.07, 4934.08, 4934.09, 4934.10, | 12 |
| 4934.11, 4934.12, 4934.13, 4934.14, 4934.15, 4934.16, 4934.17, | 13 |
| 4934.18, 4934.20, 4934.21, 4934.22, 4934.24, 5311.082, and | 14 |
| 5321.061 of the Revised Code be enacted to read as follows: | 15 |
| Sec. 4781.401. A park operator shall comply with Chapter | 16 |
| 4934. of the Revised Code. | 17 |
| Sec. 4934.01. As used in this chapter: | 18 |
| (A) "Competitive retail electric service" has the same | 19 |
| meaning as in section 4928.01 of the Revised Code. | 20 |
| (B) "Competitive retail natural gas service" has the same | 21 |
| meaning as in section 4929.01 of the Revised Code. | 22 |
| (C) "Cooperative" means an entity that is owned and operated | 23 |
| exclusively by and solely for its customers to provide electric, | 24 |
| gas, water, or sewage disposal service and includes an electric | 25 |
| cooperative as defined in section 4928.01 of the Revised Code. | 26 |
| (D) "Dwelling unit," "landlord," and "tenant" have the same | 27 |
| meanings as in section 5321.01 of the Revised Code. | 28 |
| (E) "Electric light company," "gas company," "heating or | 29 |
| cooling company," "natural gas company," "sewage disposal system | 30 |
| company," and "water-works company" have the same meanings as in | 31 |
| section 4905.03 of the Revised Code. | 32 |
| (F) "Manufactured home" has the same meaning as in division | 33 |
| (C)(4) of section 3781.06 of the Revised Code. | 34 |
| (G) "Master meter" means a device that collectively measures | 35 |
| the public utility service provided to multiple residents, unit | 36 |
| owners, or tenants by a public utility and includes a master-meter | 37 |
| system as defined in section 4905.90 of the Revised Code, but | 38 |
| excludes a submeter. | 39 |
| (H) "Mobile home" has the same meaning as in section 4501.01 | 40 |
| of the Revised Code. | 41 |
| (I) "Park operator" and "resident" have the same meanings as | 42 |
| in section 4781.01 of the Revised Code. | 43 |
| (J) "Premises" means a dwelling unit, manufactured home, | 44 |
| mobile home, or unit. | 45 |
| (K) "Public utility" has the same meaning as in section | 46 |
| 4905.02 of the Revised Code. | 47 |
| (L) "Public utility service" includes service provided by an | 48 |
| electric light company, gas company, heating or cooling company, | 49 |
| natural gas company, sewage disposal system company, and | 50 |
| water-works company, but excludes a municipal corporation and | 51 |
| cooperative. | 52 |
| (M) "Submeter" means a device that measures only the amount | 53 |
| of public utility service provided to the premises of a resident, | 54 |
| unit owner, or tenant, but does not include a meter of a resident, | 55 |
| unit owner, or tenant who is a customer of the public utility | 56 |
| providing the service. | 57 |
| (N) "Third-party reseller" means any person, corporation, or | 58 |
| other entity that purchases electricity, natural gas, or water | 59 |
| from a public utility, a supplier of competitive retail electric | 60 |
| service, a supplier of competitive retail natural gas service, | 61 |
| municipal corporation, municipal authority, or regional water and | 62 |
| sewer district for resale to consumers. "Third-party reseller" | 63 |
| does not include a public utility, cooperative, municipal | 64 |
| corporation, or municipal authority. | 65 |
| (O) "Unit," "unit owner," and "unit owners association" have | 66 |
| the same meanings as in section 5311.01 of the Revised Code. | 67 |
| Sec. 4934.02. For all premises receiving public utility | 68 |
| service and that are administered by a park operator, unit owners | 69 |
| association, or landlord, on and after the effective date of this | 70 |
| section, including property converted to a condominium property or | 71 |
| apartment units after that date, each operator, association, and | 72 |
| landlord shall measure public utility service provided to the | 73 |
| premises through a master meter, through a master meter in | 74 |
| conjunction with a submeter, or through a public-utility-owned | 75 |
| meter. | 76 |
| Sec. 4934.03. All submeters and master meters operating | 77 |
| under Chapter 4934. of the Revised Code shall meet the same | 78 |
| standards for meters established by the public utilities | 79 |
| commission under section 4905.28 of the Revised Code. | 80 |
| Sec. 4934.04. If a park operator, unit owners association, | 81 |
| or landlord, after the effective date of this section, installs a | 82 |
| submeter to measure public utility service provided to the | 83 |
| premises of a resident, unit owner, or tenant, the operator, | 84 |
| association, or landlord shall notify the public utilities | 85 |
| commission of the installation within thirty days of the | 86 |
| installation. Such notification shall include the address and | 87 |
| county of each of the specific premises for which a submeter was | 88 |
| installed, the square footage of the premises, and the type of | 89 |
| public utility service to be measured by the submeter. | 90 |
| Sec. 4934.05. A park operator, unit owners association, or | 91 |
| landlord may enter into a contract with a third-party reseller | 92 |
| that requires the reseller to provide public utility service in | 93 |
| accordance with this chapter to residents, unit owners, and | 94 |
| tenants, as applicable. | 95 |
| Sec. 4934.06. (A) A park operator, unit owners association, | 96 |
| or landlord, or a third-party reseller under contract pursuant to | 97 |
| section 4934.05 of the Revised Code, shall submit, at least once | 98 |
| per calendar year, the following information to the public | 99 |
| utilities commission: | 100 |
| (1) The address of each of the premises to which the | 101 |
| operator, association, landlord, or reseller provides public | 102 |
| utility service; | 103 |
| (2) The type of public utility service provided to each of | 104 |
| the premises identified in division (A)(1) of this section; | 105 |
| (3) The rate at which the operator, association, landlord, or | 106 |
| reseller charges the resident, unit owner, or tenant for the | 107 |
| service, measured on the appropriate unit basis, as follows: | 108 |
| (a) For electricity, in kilowatt hours (Kwh); | 109 |
| (b) For natural gas, in centum cubic feet (Ccf); | 110 |
| (c) For water, in centum cubic feet (Ccf); | 111 |
| (d) For sewage removal, in centum cubic feet (Ccf). | 112 |
| (B) If the operator, association, landlord, or reseller | 113 |
| changes its rate within the six months following the reporting of | 114 |
| its rate to the commission, it must report the new rate to the | 115 |
| commission within fifteen days of the effective date of the change | 116 |
| in rate. | 117 |
| (C) The information reported under this section is a public | 118 |
| record. | 119 |
| Sec. 4934.07. (A) A park operator, unit owners association, | 120 |
| or landlord, or a third-party reseller under contract pursuant to | 121 |
| section 4934.05 of the Revised Code, that measures public utility | 122 |
| service to a premises through a master meter that is not operated | 123 |
| in conjunction with a submeter, may use a formula, including a | 124 |
| ratio utility billing system, for determining the cost of the | 125 |
| public utility service provided to the premises. | 126 |
| (B) A park operator, unit owners association, or landlord | 127 |
| shall provide a written explanation of the formula at the time a | 128 |
| resident, owner, or tenant enters into a rental agreement, | 129 |
| association agreement, or lease. A third-party reseller shall | 130 |
| include a written explanation of the formula on any contract for | 131 |
| public utility service to the premises between the reseller and | 132 |
| the resident, owner, or tenant at the time the contract is entered | 133 |
| into and on each bill for public utility service to the premises. | 134 |
| Sec. 4934.08. (A) A park operator, unit owners association, | 135 |
| or landlord that meets both of the following must comply with | 136 |
| division (B) of this section: | 137 |
| (1) The operator, association, or landlord has not entered | 138 |
| into a contract with a third-party reseller under section 4934.05 | 139 |
| of the Revised Code; | 140 |
| (2) The operator, association, or landlord measures public | 141 |
| utility service to a premises through a master meter that is not | 142 |
| operated in conjunction with a submeter. | 143 |
| (B) The operator, association, or landlord shall include in | 144 |
| all rental, association, and lease agreements both of the | 145 |
| following: | 146 |
| (1) The formula used for determining the cost of the public | 147 |
| utility service provided to the premises; | 148 |
| (2) The portion of the rental or fee charged under an | 149 |
| agreement or lease that represents the actual cost of public | 150 |
| utility service provided to the premises. | 151 |
| Sec. 4934.09. A park operator, unit owners association, or | 152 |
| landlord, or a third-party reseller under contract pursuant to | 153 |
| section 4934.05 of the Revised Code, that measures public utility | 154 |
| service to a premises through a master meter that is not operated | 155 |
| in conjunction with a submeter shall not: | 156 |
| (A) Charge residents, unit owners, or tenants more, in | 157 |
| aggregate, for public utility service than the total amount the | 158 |
| operator, association, landlord, or third-party reseller is | 159 |
| charged for that service; or | 160 |
| (B) Charge each resident, unit owner, or tenant for the | 161 |
| public utility service an amount that exceeds the charge imposed | 162 |
| for public utility service to comparable premises of other | 163 |
| residential customers in the same service territory. | 164 |
| Sec. 4934.10. (A) A park operator, unit owners association, | 165 |
| or landlord, or a third-party reseller under contract pursuant to | 166 |
| section 4934.05 of the Revised Code, that measures public utility | 167 |
| service through a submeter shall not charge a resident, unit | 168 |
| owner, or tenant for the public utility service an amount that | 169 |
| exceeds the charge imposed for public utility service to | 170 |
| comparable premises of other residential customers in the same | 171 |
| service territory. | 172 |
| (B) The operator, association, landlord, or reseller may | 173 |
| charge the resident, unit owner, or tenant for the actual amount | 174 |
| for the service if the charge does not exceed the limit described | 175 |
| in division (A) of this section. | 176 |
| Sec. 4934.11. A park operator, unit owners association, or | 177 |
| landlord, or third-party reseller under contract pursuant to | 178 |
| section 4934.05 of the Revised Code, may charge residents, unit | 179 |
| owners, or tenants an amount for public utility service that | 180 |
| exceeds the limitations imposed under section 4934.09 or 4934.10 | 181 |
| of the Revised Code if both of the following apply: | 182 |
| (A) The charge is derived, in whole or in part, from costs | 183 |
| incurred under a long-term supply contract; | 184 |
| (B) The charge did not exceed the limitations imposed under | 185 |
| section 4934.09 or 4934.10 of the Revised Code at the time the | 186 |
| long-term supply contract was entered into. | 187 |
| Sec. 4934.12. (A) A park operator, unit owners association, | 188 |
| or landlord, or a third-party reseller under contract pursuant to | 189 |
| section 4934.05 of the Revised Code, that measures public utility | 190 |
| service through a submeter shall include in any bill to a | 191 |
| resident, unit owner, or tenant, all of the following: | 192 |
| (1) The beginning and ending submeter reading; | 193 |
| (2) The dates the submeter was read; | 194 |
| (3) The rate charged for service to the resident, unit owner, | 195 |
| or tenant; | 196 |
| (4) The rate charged for service to a single-family home in | 197 |
| the same county. | 198 |
| (B) An operator, association, landlord, or reseller described | 199 |
| in division (A) shall ensure that each bill is generated at least | 200 |
| fourteen days prior to the date upon which payment is due. | 201 |
| Sec. 4934.13. (A) For the purpose of providing a prospective | 202 |
| or actual resident, unit owner, or tenant with useful knowledge | 203 |
| regarding the cost of submetered public utilities at an individual | 204 |
| premises, the public utilities commission shall provide each park | 205 |
| operator, unit owners association, or landlord, or third-party | 206 |
| reseller under contract pursuant to section 4934.05 of the Revised | 207 |
| Code for each of the premises for which a submeter is installed, a | 208 |
| document, or means of obtaining a document, disclosing the | 209 |
| following information in a format that is clear and easily | 210 |
| understood: | 211 |
| (1) The price per unit, as provided to the specific premises, | 212 |
| of any public utility service that is measured by a submeter when | 213 |
| provided to the specific premises; | 214 |
| (2) The price of the submetered public utility service as a | 215 |
| percentage of the maximum allowable price; | 216 |
| (3) The mean and median price per unit by which the | 217 |
| submetered public utility service is provided in the county where | 218 |
| the specific premises is located; | 219 |
| (4) An estimate of the predicted annual cost, in dollars, of | 220 |
| the submetered public utility service provided to the specific | 221 |
| premises, together with the predicted average annual cost in that | 222 |
| county of the same public utility service to properties of | 223 |
| comparable square footage. | 224 |
| (B) Each park operator, unit owners association, or landlord, | 225 |
| or third-party reseller under contract pursuant to section 4934.05 | 226 |
| of the Revised Code, shall provide to each prospective resident, | 227 |
| unit owner, or tenant, prior to the signing of a lease, rental or | 228 |
| purchase agreement, or service contract, and once per year | 229 |
| thereafter, and each time the rate is changed pursuant to section | 230 |
| 4934.06 of the Revised Code, to each resident, unit owner, or | 231 |
| tenant, the document under division (A) of this section. | 232 |
| (C) Each park operator, unit owners association, landlord, | 233 |
| and third-party reseller shall be required to keep, for each | 234 |
| document provided under division (B) of this section, a copy | 235 |
| signed by the resident, unit owner, or tenant, for three years. | 236 |
| Sec. 4934.14. (A) A park operator, unit owners association, | 237 |
| or landlord, or a third-party reseller under contract pursuant to | 238 |
| section 4934.05 of the Revised Code, shall maintain adequate | 239 |
| records detailing all submeter measurements for public utility | 240 |
| services provided to a premises and the charges for the services. | 241 |
| (B) Upon reasonable prior request, the operator, association, | 242 |
| landlord, or reseller shall make all records created under this | 243 |
| section available for inspection by a resident, unit owner, or | 244 |
| tenant during normal business hours and shall keep the records for | 245 |
| a minimum of three years after the termination of the lease, | 246 |
| rental agreement, or association agreement, or any contract for | 247 |
| public utility service between a resident, unit owner, or tenant | 248 |
| and the reseller. | 249 |
| Sec. 4934.15. A park operator, unit owners association, or | 250 |
| landlord, or a third-party reseller under contract pursuant to | 251 |
| section 4934.05 of the Revised Code, may impose an administrative | 252 |
| fee, late fee, or any other fee relating to the provision of, or | 253 |
| payment for, public utility service supplied to a tenant's, | 254 |
| resident's, or unit owner's premises. | 255 |
| Sec. 4934.16. (A) A park operator, unit owners association, | 256 |
| landlord, or a third-party reseller under contract pursuant to | 257 |
| section 4934.05 of the Revised Code, may prorate or allocate the | 258 |
| costs for public utility service that is provided to common areas | 259 |
| and for commonly used equipment available for use by a resident, | 260 |
| unit owner, or tenant. | 261 |
| (B) If an operator, association, landlord, or reseller | 262 |
| prorates or allocates the costs for public utility service that is | 263 |
| provided to common areas and for commonly used equipment, the | 264 |
| operator, association, landlord, or reseller shall disclose prior | 265 |
| to entering into a rental agreement, association agreement, or | 266 |
| lease, or a contract for public utility service with a resident, | 267 |
| unit owner, or tenant that the public utility service for such | 268 |
| areas and equipment will be so prorated or allocated. | 269 |
| Sec. 4934.17. If a fee is imposed pursuant to section 4934.15 | 270 |
| of the Revised Code or a cost is prorated or allocated pursuant to | 271 |
| section 4934.16 of the Revised Code, the fee or cost or both, plus | 272 |
| the charge imposed for public utility service to the premises, | 273 |
| shall not exceed the charge imposed for public utility service to | 274 |
| comparable premises of other residential customers in the service | 275 |
| territory. | 276 |
| Sec. 4934.18. (A) A park operator, unit owners association, | 277 |
| a landlord, or a third-party reseller under contract pursuant to | 278 |
| section 4934.05 of the Revised Code, may terminate the service of | 279 |
| facilitating, through a submeter or otherwise, public utility | 280 |
| service for nonpayment of public utility service. Such termination | 281 |
| shall be done in accordance with all rules for terminating public | 282 |
| utility service for nonpayment established by the public utilities | 283 |
| commission of Ohio as such rules are applied to electric light | 284 |
| companies or natural gas companies. | 285 |
| (B) Notwithstanding Chapters 1923. and 5321. of the Revised | 286 |
| Code, a park operator or landlord shall not evict a resident or | 287 |
| tenant if public utility service has been terminated under | 288 |
| division (A) of this section. | 289 |
| Sec. 4934.20. No park operator, unit owners association, | 290 |
| landlord, or third-party reseller shall enter into a rental | 291 |
| agreement, association agreement, or lease, or a contract for | 292 |
| public utility service with a resident, unit owner, or tenant that | 293 |
| conflicts with the provisions of this chapter. | 294 |
| Sec. 4934.21. Nothing in this chapter shall limit the | 295 |
| authority of the public utilities commission to prohibit or limit | 296 |
| the reselling of public utility service. | 297 |
| Sec. 4934.22. If a landlord, park operator, unit owners | 298 |
| association, or third-party reseller violates any provision of | 299 |
| this chapter, the affected resident, unit owner, or tenant may | 300 |
| bring an action to recover double the amount of damages resulting | 301 |
| from the violation, obtain injunctive relief to prevent the | 302 |
| recurrence of the conduct, and obtain a judgment for reasonable | 303 |
| attorney's fees. | 304 |
| For purposes of this section, "damages" means either or both | 305 |
| of the following, as applicable to the facts based upon which an | 306 |
| action is brought under this division: | 307 |
| (A) The total amount charged to the resident, unit owner, or | 308 |
| tenant for the public utility service for the period during which | 309 |
| a violation of this chapter occurred; | 310 |
| (B) The total amount of administrative, late, or other fees | 311 |
| charged to the resident in violation of section 4934.15 of the | 312 |
| Revised Code. | 313 |
| Sec. 4934.24. The public utilities commission shall adopt | 314 |
| rules that do the following: | 315 |
| (A) Establish standards and other requirements for ratio | 316 |
| utility billing systems; | 317 |
| (B) Establish a method for determining the amount other | 318 |
| residential customers in a service territory are charged for the | 319 |
| public utility service for comparison as described in sections | 320 |
| 4934.09, 4934.10, and 4934.15 of the Revised Code. | 321 |
| Sec. 5311.082. A unit owners association shall comply with | 322 |
| Chapter 4934. of the Revised Code. | 323 |
| Sec. 5321.061. A landlord shall comply with Chapter 4934. of | 324 |
| the Revised Code. | 325 |