To enact sections 4781.401, 4934.01, 4934.02, 4934.03, 4934.05, 4934.06, 4934.07, 4934.09, 4934.11, 4934.13, 4934.15, 4934.17, 5311.082, and 5321.061 of the Revised Code regarding master metering and submetering for public utility service to premises administered by a landlord, condominium unit owners association, or manufactured home park operator.

Section 1. That sections 4781.401, 4934.01, 4934.02, 4934.03, 4934.05, 4934.06, 4934.07, 4934.09, 4934.11, 4934.13, 4934.15, 4934.17, 5311.082, and 5321.061 of the Revised Code be enacted to read as follows:

Sec. 4781.401.  A park operator shall comply with Chapter 4934. of the Revised Code.

Sec. 4934.01. As used in this chapter:

(A) "Competitive retail electric service" has the same meaning as in section 4928.01 of the Revised Code.

(B) "Competitive retail natural gas service" has the same meaning as in section 4929.01 of the Revised Code.

(C) "Cooperative" means an entity that is owned and operated exclusively by and solely for its customers to provide electric, gas, water, or sewage disposal service and includes an electric cooperative as defined in section 4928.01 of the Revised Code.

(D) "Dwelling unit," "landlord," and "tenant" have the same meanings as in section 5321.01 of the Revised Code.

(E) "Electric light company," "gas company," and "natural gas company" have the same meanings as in section 4905.03 of the Revised Code.

(F) "Electric distribution utility" has the same meaning as in section 4928.01 of the Revised Code.

(G) "Manufactured home" has the same meaning as in division (C)(4) of section 3781.06 of the Revised Code.

(H) "Master meter" means a device that collectively measures the public utility service provided to multiple residents, unit owners, or tenants by a public utility and includes a master-meter system as defined in section 4905.90 of the Revised Code, but excludes a submeter.

(I) "Mobile home" has the same meaning as in section 4501.01 of the Revised Code.

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

(K) "Premises" means a dwelling unit, manufactured home, mobile home, or unit.

(L) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.

(M) "Public utility service" includes service provided by an electric light company, gas company, and natural gas company, but excludes a municipal corporation and cooperative.

(N) "Submeter" means a device that measures only the amount of public utility service provided to the premises of a resident, unit owner, or tenant, but does not include a master meter or a meter used for a resident, unit owner, or tenant who is a customer of the public utility providing the service.

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

Sec. 4934.02.  Except as provided in section 4934.03 of the Revised Code, all premises served by a public utility and administered by a park operator, unit owners association, or landlord, on and after the effective date of ...B... of the 130th general assembly, including property converted to a condominium property after that date, shall measure public utility service provided to the premises through a public utility owned meter or through a public utility owned master meter in conjunction with a submeter.

Sec. 4934.03.  For premises constructed before the effective date of ...B... of the 130th general assembly, a park operator, unit owners association, or landlord may measure, at their election, public utility service provided to the premises of a resident, unit owner, or tenant through a public utility owned master meter in conjunction with a submeter.

Sec. 4934.05. A park operator, unit owners association, or landlord that separately charges a resident, unit owner, or tenant for public utility service through the use of a submeter shall not charge the resident, unit owner, or tenant more than the following:

(A) For electric service provided on a kilowatt-hour basis, the standard service offer amount per kilowatt hour, including all riders, customer fees, and other utility assessments, that residential customers are charged on an annualized basis by the electric distribution utility serving the area;

(B) For natural gas service provided on a cubic feet basis, the amount per hundred cubic feet, including all riders, customer fees, and other utility assessments, that residential customers are charged on an annualized basis by the natural gas company serving the area.

Sec. 4934.06. Instead of measuring public utility service as described in section 4934.05 of the Revised Code, a park operator, unit owners association, or landlord operating a system that uses distributed generation, renewable energy resources, or alternative generation to provide electric service to a resident, unit owner, or tenant may establish, in a lease, rental agreement, or association agreement and for the term of such lease or agreement, a fixed price per kilowatt hour for electricity provided. Such lease, rental agreement, or association agreement shall do the following:

(A) Clearly state the fixed price that will be charged for the public utility service;

(B) Charge no more per kilowatt hour of electricity than the fixed price for the electric service.

Sec. 4934.07.  (A) A park operator, unit owners association, or landlord shall maintain adequate records detailing all submeter measurements for separately charged public utility services provided to the premises and the charges for the services.

(B) Upon reasonable prior request, a park operator, unit owners association, or landlord shall make all records created under this section available for inspection by the resident, unit owner, or tenant during normal business hours and shall keep the records for a minimum of three years after the termination of the lease, rental agreement, or association agreement.

Sec. 4934.09.  A park operator, unit owners association, and landlord may prorate or allocate the costs for public utility service that is provided to all common areas and for commonly used equipment available for use by a resident, unit owner, or tenant. If such costs are prorated or allocated among residents, unit owners, or tenants, the park operator, unit owners association, or landlord shall identify the amount of charges attributable to the common areas and commonly used equipment as a separate line item on the periodic statement or invoice for the public utility services provided to residents, owners, or tenants. A written description of the method used to prorate or calculate the allocation of the cost shall be included in each lease, rental agreement, or association agreement entered into with a tenant, resident, or unit owner.

Sec. 4934.11. If a public utility service is provided and separately billed to residents, unit owners, or tenants using either method for pricing or charging for public utility service under section 4934.05 or 4934.06 of the Revised Code, the park operator, unit owners association, or landlord shall include the following, as applicable, in each lease, rental agreement or association agreement entered into with a resident, unit owner, or tenant:

(A) A written statement detailing the full, annualized standard service offer price of electric service supplied to customers of the electric distribution utility serving the area at the time the park operator, unit owners association, or landlord entered into the lease, rental agreement, or association agreement;

(B) A written statement detailing the full, annualized price of natural gas service supplied to residential customers of the natural gas company serving the area at the time the park operator, unit owners association, or landlord entered into the lease, rental agreement, or association agreement.

Sec. 4934.13.  All submeters and master meters operating under Chapter 4934. of the Revised Code shall meet the same standards for meters established by the public utilities commission under section 4905.28 of the Revised Code.

Sec. 4934.15. (A)(1) A park operator, unit owners association, or landlord may terminate the service of facilitating, through a submeter or otherwise, public utility service for nonpayment of public utility service that is provided under any of the pricing or charging methods in section 4934.05 or 4935.06 of the Revised Code. Such termination shall be done in accordance with all rules for terminating public utility service for nonpayment established by the public utilities commission of Ohio as such rules are applied to electric light companies or natural gas companies.

(2) A unit owners association may terminate the service of facilitating, through a submeter or otherwise, public utility service in accordance with this section regardless of whether such authority is specifically set forth in documents required by section 5311.05 or 5311.26 of the Revised Code.

(B) Termination of the service of facilitating, through a submeter or otherwise, public utility service pursuant to this section is not constructive eviction in violation of Chapter 1923. or 5321. of the Revised Code.

Sec. 4934.17. (A) A park operator or landlord that elects to terminate the service of facilitating, through a submeter or otherwise, public utility service for a resident or tenant pursuant to section 4934.15 of the Revised Code waives the right to evict the tenant or resident for failure to make timely payment for public utility service pursuant to Chapter 1923. of the Revised Code.

(B) A park operator or landlord that elects to terminate the service of facilitating, through a submeter or otherwise, public utility service for a resident or tenant pursuant to section 4934.15 of the Revised Code does not waive or diminish the park operator's or landlord's right to seek eviction for violations of any other provision of a lease or rental agreement.

Sec. 5311.082.  A unit owners association shall comply with Chapter 4934. of the Revised Code.

Sec. 5321.061.  A landlord shall comply with Chapter 4934. of the Revised Code.