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| 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 |
| applicable. | 26 |
| (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 |
| proprietor. | 30 |
| (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; or | 55 |
| (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 |
| chapter. | 158 |
| 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 |