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Sub. H. B. No. 662 As Reported by the House Public Utilities CommitteeAs Reported by the House Public Utilities Committee
130th General Assembly | Regular Session | 2013-2014 |
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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;
(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;
(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.
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