As Reported by the House Public Utilities Committee

130th General Assembly
Regular Session
Sub. H. B. No. 662

Representatives Duffey, McGregor 

Cosponsor: Representative Stautberg 

To enact sections 4781.401, 5311.082, 5321.061, 1
5325.01, 5325.02, 5325.021, 5325.04, 5325.041, 2
5325.05, 5325.06, 5325.07, 5325.08, 5325.09, 3
5325.13, 5325.14, 5325.15, 5325.17, and 5325.18 of 4
the Revised Code regarding the reselling of public 5
utility service.6


       Section 1.  That sections 4781.401, 5311.082, 5321.061, 7
5325.01, 5325.02, 5325.021, 5325.04, 5325.041, 5325.05, 5325.06, 8
5325.07, 5325.08, 5325.09, 5325.13, 5325.14, 5325.15, 5325.17, and 9
5325.18 of the Revised Code be enacted to read as follows:10

       Sec. 4781.401.  A park operator shall comply with Chapter 11
5325. of the Revised Code.12

       Sec. 5311.082.  A unit owners association shall comply with 13
Chapter 5325. of the Revised Code.14

       Sec. 5321.061.  A landlord shall comply with Chapter 5325. of 15
the Revised Code. 16

       Sec. 5325.01.  As used in this chapter:17

       (A) "Consumer" means a resident, tenant, or unit owner.18

       (B) "Landlord" and "tenant" have the same meanings as in 19
section 5321.01 of the Revised Code.20

       (C) "Park operator" and "resident" have the same meanings as 21
in section 4781.01 of the Revised Code.22

       (D) "Proprietor" means a landlord, park operator, unit owners 23
association, or other person or entity that has an ownership 24
interest in the property or in facilities at the property, as 25

       (E) "Proprietor's agent" means any person or entity that 27
provides public utility service or billing services related to 28
public utility service to consumers for or on behalf of a 29

       (F) "Public utility service" means electric, natural gas, 31
water, or sewer service.32

       (G) "Unit owner" and "unit owners association" have the same 33
meanings as in section 5311.01 of the Revised Code.34

       Sec. 5325.02.  A proprietor or the proprietor's agent 35
charging rates, fees, or costs under this chapter shall measure 36
public utility service provided to the consumer through a master 37
meter, a master meter in conjunction with a submeter, or a 38
public-utility-owned meter.39

       Sec. 5325.021. All meters operating under this chapter shall 40
meet the same standards for meters established by any of the 41
following, as jurisdictionally applicable:42

       (A) The public utilities commission under section 4905.28 of 43
the Revised Code;44

       (B) A municipality;45

       (C) Another governing authority.46

       Sec. 5325.04. A proprietor or the proprietor's agent may 47
charge consumers for public utility services. The charges are to 48
be allocated to consumers in accordance with actual consumption as 49
measured by a submeter or in accordance with section 5325.041 of 50
the Revised Code. The rates, fees, and costs charged for a public 51
utility service shall be one of the following:52

       (A) The actual rates, fees, and costs charged to the 53
proprietor or the proprietor's agent for the public utility 54
service; or55

       (B) Rates, fees, and costs determined by the proprietor or 56
the proprietor's agent that may not exceed the residential rates, 57
fees, and costs that are charged for the public utility service in 58
the immediate service territory to residential customers for the 59
same quantity of service and that are in effect at the time the 60
proprietor or agent prepares the consumer's bill for service.61

       Sec. 5325.041.  A proprietor or the proprietor's agent must 62
use actual consumption as measured by a submeter, or a formula, 63
including a ratio utility billing system, for determining the cost 64
of the public utility service provided to a consumer.65

       Sec. 5325.05.  (A) A proprietor or the proprietor's agent 66
charging rates, fees, and costs for public utility services under 67
division (A) of section 5325.04 of the Revised Code may charge one 68
reasonable administrative fee to a consumer relating to the 69
provision of, or billing for, all public utility services for 70
which the consumer is charged under that division. A consumer may 71
be charged only one administrative fee each month for all public 72
utility services. 73

       (B) A proprietor or the proprietor's agent charging rates, 74
fees, and costs for any public utility service under division (B) 75
of section 5325.04 of the Revised Code shall not charge any 76
administrative or additional fee to a consumer relating to the 77
provision of, or billing for, all public utility services.78

       (C) The public utilities commission shall adopt a rule to 79
establish a reasonable administrative fee as described in division 80
(A) of this section.81

       Sec. 5325.06.  No proprietor or proprietor's agent that 82
allocates to consumers charges for public utility services 83
provided to common areas and for commonly used equipment shall 84
charge consumers rates, fees, or costs that exceed the actual 85
rates, fees, or costs incurred for public utility services for 86
such areas and equipment.87

       Sec. 5325.07.  A proprietor or the proprietor's agent that 88
charges consumers for public utility services shall bill consumers 89
monthly unless the proprietor or agent is billed on a less 90
frequent basis by the utility.91

       Sec. 5325.08.  Prior to entering into a rental agreement, 92
association agreement, lease, or contract for public utility 93
service, the proprietor or the proprietor's agent, as applicable, 94
shall provide to each prospective consumer an acknowledgement form 95
to sign before entering into the agreement, lease, or contract 96
that contains the following information:97

       (A) A description of how the consumer will be billed for 98
public utility service;99

       (B) Whether a charge will be allocated pursuant to section 100
5325.06 of the Revised Code;101

       (C) That the total charges for electric and natural gas 102
service, as applicable, may exceed the residential rates, fees and 103
costs that are charged in the immediate service territory to 104
residential customers for that service.105

       Sec. 5325.09.  (A) A proprietor or the proprietor's agent 106
shall do the following:107

       (1) Maintain adequate records detailing all public utility 108
service measurements for which a proprietor or agent charges 109
rates, fees, and costs pursuant to this chapter and the charges 110
for the service;111

       (2) Keep the records for a minimum of three years after the 112
termination of the lease, rental agreement, or association 113
agreement, or any contract for public utility service between a 114
consumer and agent.115

       (B) Upon reasonable prior request, the proprietor or agent 116
shall make a record created under this section available for 117
inspection by a consumer during normal business hours. The 118
consumer may inspect only those records pertaining to that 119
consumer's public utility service consumption. 120

       Sec. 5325.13. (A)(1) A proprietor may terminate public 121
utility service for nonpayment. Such termination, regardless of 122
the type of service being terminated, shall be done in accordance 123
with all rules for terminating public utility service for 124
nonpayment established by any of the following, as 125
jurisdictionally applicable:126

       (a) The public utilities commission as such rules are applied 127
to electric light companies or natural gas companies;128

       (b) A municipality;129

       (c) Another governing authority.130

       (2) A unit owners association may terminate the service of 131
facilitating public utility service in accordance with this 132
section regardless of whether such authority is specifically set 133
forth in documents required by section 5311.05 or 5311.26 of the 134
Revised Code. 135

       (B) Termination of public utility service pursuant to this 136
section is not constructive eviction in violation of Chapter 1923. 137
or 5321. of the Revised Code.138

       Sec. 5325.14. (A) A park operator or landlord that elects to 139
terminate public utility service for a consumer pursuant to 140
section 5325.13 of the Revised Code waives the right to evict the 141
consumer for failure to make timely payment for public utility 142
service pursuant to Chapter 1923. of the Revised Code. 143

       (B) A park operator or landlord that elects to terminate 144
public utility service for a consumer pursuant to section 5325.13 145
of the Revised Code does not waive or diminish the park operator's 146
or landlord's right to seek eviction for violations of any other 147
provision of a lease or rental agreement.148

       Sec. 5325.15.  Nothing in this chapter shall limit the 149
authority of the public utilities commission, municipality, or 150
other local jurisdiction to prohibit or limit the reselling of 151
public utility service.152

       Sec. 5325.17.  In addition to other remedies authorized by 153
law, the attorney general may bring a civil action to enforce this 154
chapter. The authority of the attorney general to bring an action 155
under this section shall not affect the right of a consumer to 156
pursue any remedy available under law for a violation of this 157

       Sec. 5325.18.  If a proprietor or proprietor's agent violates 159
any provision of this chapter, the affected consumer may bring a 160
civil action to recover double the amount of damages resulting 161
from the violation, obtain injunctive relief to prevent the 162
recurrence of the conduct, or both.163