130th Ohio General Assembly
The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.

Sub. H. B. No. 662  As Reported by the House Public Utilities Committee
As Reported by the House Public Utilities Committee

130th General Assembly
Regular Session
2013-2014
Sub. H. B. No. 662


Representatives Duffey, McGregor 

Cosponsor: Representative Stautberg 



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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1.  That sections 4781.401, 5311.082, 5321.061, 5325.01, 5325.02, 5325.021, 5325.04, 5325.041, 5325.05, 5325.06, 5325.07, 5325.08, 5325.09, 5325.13, 5325.14, 5325.15, 5325.17, and 5325.18 of the Revised Code be enacted to read as follows:
Sec. 4781.401.  A park operator shall comply with Chapter 5325. of the Revised Code.
Sec. 5311.082.  A unit owners association shall comply with Chapter 5325. of the Revised Code.
Sec. 5321.061.  A landlord shall comply with Chapter 5325. of the Revised Code.
Sec. 5325.01.  As used in this chapter:
(A) "Consumer" means a resident, tenant, or unit owner.
(B) "Landlord" and "tenant" have the same meanings as in section 5321.01 of the Revised Code.
(C) "Park operator" and "resident" have the same meanings as in section 4781.01 of the Revised Code.
(D) "Proprietor" means a landlord, park operator, unit owners association, or other person or entity that has an ownership interest in the property or in facilities at the property, as applicable.
(E) "Proprietor's agent" means any person or entity that provides public utility service or billing services related to public utility service to consumers for or on behalf of a proprietor.
(F) "Public utility service" means electric, natural gas, water, or sewer service.
(G) "Unit owner" and "unit owners association" have the same meanings as in section 5311.01 of the Revised Code.
Sec. 5325.02.  A proprietor or the proprietor's agent charging rates, fees, or costs under this chapter shall measure public utility service provided to the consumer through a master meter, a master meter in conjunction with a submeter, or a public-utility-owned meter.
Sec. 5325.021. All meters operating under this chapter shall meet the same standards for meters established by any of the following, as jurisdictionally applicable:
(A) The public utilities commission under section 4905.28 of the Revised Code;
(B) A municipality;
(C) Another governing authority.
Sec. 5325.04. A proprietor or the proprietor's agent may charge consumers for public utility services. The charges are to be allocated to consumers in accordance with actual consumption as measured by a submeter or in accordance with section 5325.041 of the Revised Code. The rates, fees, and costs charged for a public utility service shall be one of the following:
(A) The actual rates, fees, and costs charged to the proprietor or the proprietor's agent for the public utility service; or
(B) Rates, fees, and costs determined by the proprietor or the proprietor's agent that may not exceed the residential rates, fees, and costs that are charged for the public utility service in the immediate service territory to residential customers for the same quantity of service and that are in effect at the time the proprietor or agent prepares the consumer's bill for service.
Sec. 5325.041.  A proprietor or the proprietor's agent must use actual consumption as measured by a submeter, or a formula, including a ratio utility billing system, for determining the cost of the public utility service provided to a consumer.
Sec. 5325.05.  (A) A proprietor or the proprietor's agent charging rates, fees, and costs for public utility services under division (A) of section 5325.04 of the Revised Code may charge one reasonable administrative fee to a consumer relating to the provision of, or billing for, all public utility services for which the consumer is charged under that division. A consumer may be charged only one administrative fee each month for all public utility services.
(B) A proprietor or the proprietor's agent charging rates, fees, and costs for any public utility service under division (B) of section 5325.04 of the Revised Code shall not charge any administrative or additional fee to a consumer relating to the provision of, or billing for, all public utility services.
(C) The public utilities commission shall adopt a rule to establish a reasonable administrative fee as described in division (A) of this section.
Sec. 5325.06.  No proprietor or proprietor's agent that allocates to consumers charges for public utility services provided to common areas and for commonly used equipment shall charge consumers rates, fees, or costs that exceed the actual rates, fees, or costs incurred for public utility services for such areas and equipment.
Sec. 5325.07.  A proprietor or the proprietor's agent that charges consumers for public utility services shall bill consumers monthly unless the proprietor or agent is billed on a less frequent basis by the utility.
Sec. 5325.08.  Prior to entering into a rental agreement, association agreement, lease, or contract for public utility service, the proprietor or the proprietor's agent, as applicable, shall provide to each prospective consumer an acknowledgement form to sign before entering into the agreement, lease, or contract that contains the following information:
(A) A description of how the consumer will be billed for public utility service;
(B) Whether a charge will be allocated pursuant to section 5325.06 of the Revised Code;
(C) That the total charges for electric and natural gas service, as applicable, may exceed the residential rates, fees and costs that are charged in the immediate service territory to residential customers for that service.
Sec. 5325.09.  (A) A proprietor or the proprietor's agent shall do the following:
(1) Maintain adequate records detailing all public utility service measurements for which a proprietor or agent charges rates, fees, and costs pursuant to this chapter and the charges for the service;
(2) Keep the records for a minimum of three years after the termination of the lease, rental agreement, or association agreement, or any contract for public utility service between a consumer and agent.
(B) Upon reasonable prior request, the proprietor or agent shall make a record created under this section available for inspection by a consumer during normal business hours. The consumer may inspect only those records pertaining to that consumer's public utility service consumption.
Sec. 5325.13. (A)(1) A proprietor may terminate public utility service for nonpayment. Such termination, regardless of the type of service being terminated, shall be done in accordance with all rules for terminating public utility service for nonpayment established by any of the following, as jurisdictionally applicable:
(a) The public utilities commission as such rules are applied to electric light companies or natural gas companies;
(b) A municipality;
(c) Another governing authority.
(2) A unit owners association may terminate the service of facilitating 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 public utility service pursuant to this section is not constructive eviction in violation of Chapter 1923. or 5321. of the Revised Code.
Sec. 5325.14. (A) A park operator or landlord that elects to terminate public utility service for a consumer pursuant to section 5325.13 of the Revised Code waives the right to evict the consumer 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 public utility service for a consumer pursuant to section 5325.13 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. 5325.15.  Nothing in this chapter shall limit the authority of the public utilities commission, municipality, or other local jurisdiction to prohibit or limit the reselling of public utility service.
Sec. 5325.17.  In addition to other remedies authorized by law, the attorney general may bring a civil action to enforce this chapter. The authority of the attorney general to bring an action under this section shall not affect the right of a consumer to pursue any remedy available under law for a violation of this chapter.
Sec. 5325.18.  If a proprietor or proprietor's agent violates any provision of this chapter, the affected consumer may bring a civil action to recover double the amount of damages resulting from the violation, obtain injunctive relief to prevent the recurrence of the conduct, or both.
Please send questions and comments to the Webmaster.
© 2019 Legislative Information Systems | Disclaimer