To enact section 743.50 of the Revised Code to require a municipal utility supplying surplus electricity to nonresidents to provide written notice of termination one year before terminating the service.

Section 1. That section 743.50 of the Revised Code be enacted to read as follows:

Sec. 743.50. If the auditor of state has determined that a municipal corporation is supplying to nonresidents more than fifty per cent of the total electrical service supplied by the municipal corporation within the municipal corporation, and if the municipal corporation intends to discontinue service to a nonresident for the purpose of complying with the limitation of Section 6 of Article XVIII, Ohio Constitution, the municipal corporation shall provide written notice to the nonresident that the service will be terminated not less than one year before the date service will be terminated. For not less than one year after such notice has been provided, the municipal corporation shall continue to supply to the nonresident electricity and any other utility service that it supplied to the nonresident on the date of the notice under the same terms the service was supplied on that date, except as follows:

(A) Service may be terminated before the end of the one-year period if service is terminated to residents.

(B) Charges assessed for providing the service to the nonresident may be increased by a percentage that does not exceed the percentage by which such charges to residents increased.

If a municipal corporation to which this section applies terminates service to a nonresident after the one-year notice period has expired, the municipal corporation, the nonresident, and the public utility supplying electricity to the nonresident each shall be responsible for one-third of the reasonable costs incurred by the nonresident or public utility in establishing new electricity service, unless the municipal corporation also terminates service to residents. If the municipal corporation does not terminate service to the nonresident after the one-year notice period has expired, it shall continue to supply electricity to the nonresident under the same terms as the service was supplied on the date of the notice, except as provided in divisions (A) and (B) of this section.

A person aggrieved by a municipal corporation's or public utility's failure to comply with this section may bring an action for damages and injunctive relief against the municipal corporation or public utility in the court of common pleas of the county in which the municipal corporation or public utility has territory.