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H. B. No. 662 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Duffey, McGregor
A BILL
To enact sections 4781.401, 4934.01, 4934.02,
4934.03, 4934.04, 4934.05, 4934.06, 4934.07,
4934.08, 4934.09, 4934.10, 4934.11, 4934.12,
4934.13, 4934.14, 4934.15, 4934.16, 4934.17,
4934.18, 4934.20, 4934.21, 4934.22, 4934.24,
5311.082, and 5321.061 of the Revised Code
regarding measurement of public utility service to
premises administered by a landlord, condominium
unit owners association, or manufactured home park
operator.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4781.401, 4934.01, 4934.02, 4934.03,
4934.04, 4934.05, 4934.06, 4934.07, 4934.08, 4934.09, 4934.10,
4934.11, 4934.12, 4934.13, 4934.14, 4934.15, 4934.16, 4934.17,
4934.18, 4934.20, 4934.21, 4934.22, 4934.24, 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," "heating or
cooling company," "natural gas company," "sewage disposal system
company," and "water-works company" have the same meanings as in
section 4905.03 of the Revised Code.
(F) "Manufactured home" has the same meaning as in division
(C)(4) of section 3781.06 of the Revised Code.
(G) "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.
(H) "Mobile home" has the same meaning as in section 4501.01
of the Revised Code.
(I) "Park operator" and "resident" have the same meanings as
in section 4781.01 of the Revised Code.
(J) "Premises" means a dwelling unit, manufactured home,
mobile home, or unit.
(K) "Public utility" has the same meaning as in section
4905.02 of the Revised Code.
(L) "Public utility service" includes service provided by an
electric light company, gas company, heating or cooling company,
natural gas company, sewage disposal system company, and
water-works company, but excludes a municipal corporation and
cooperative.
(M) "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 meter of a resident,
unit owner, or tenant who is a customer of the public utility
providing the service.
(N) "Third-party reseller" means any person, corporation, or
other entity that purchases electricity, natural gas, or water
from a public utility, a supplier of competitive retail electric
service, a supplier of competitive retail natural gas service,
municipal corporation, municipal authority, or regional water and
sewer district for resale to consumers. "Third-party reseller"
does not include a public utility, cooperative, municipal
corporation, or municipal authority.
(O) "Unit," "unit owner," and "unit owners association" have
the same meanings as in section 5311.01 of the Revised Code.
Sec. 4934.02. For all premises receiving public utility
service and that are administered by a park operator, unit owners
association, or landlord, on and after the effective date of this
section, including property converted to a condominium property or
apartment units after that date, each operator, association, and
landlord shall measure public utility service provided to the
premises through a master meter, through a master meter in
conjunction with a submeter, or through a public-utility-owned
meter.
Sec. 4934.03. 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. 4934.04. If a park operator, unit owners association,
or landlord, after the effective date of this section, installs a
submeter to measure public utility service provided to the
premises of a resident, unit owner, or tenant, the operator,
association, or landlord shall notify the public utilities
commission of the installation within thirty days of the
installation. Such notification shall include the address and
county of each of the specific premises for which a submeter was
installed, the square footage of the premises, and the type of
public utility service to be measured by the submeter.
Sec. 4934.05. A park operator, unit owners association, or
landlord may enter into a contract with a third-party reseller
that requires the reseller to provide public utility service in
accordance with this chapter to residents, unit owners, and
tenants, as applicable.
Sec. 4934.06. (A) A park operator, unit owners association,
or landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, shall submit, at least once
per calendar year, the following information to the public
utilities commission:
(1) The address of each of the premises to which the
operator, association, landlord, or reseller provides public
utility service;
(2) The type of public utility service provided to each of
the premises identified in division (A)(1) of this section;
(3) The rate at which the operator, association, landlord, or
reseller charges the resident, unit owner, or tenant for the
service, measured on the appropriate unit basis, as follows:
(a) For electricity, in kilowatt hours (Kwh);
(b) For natural gas, in centum cubic feet (Ccf);
(c) For water, in centum cubic feet (Ccf);
(d) For sewage removal, in centum cubic feet (Ccf).
(B) If the operator, association, landlord, or reseller
changes its rate within the six months following the reporting of
its rate to the commission, it must report the new rate to the
commission within fifteen days of the effective date of the change
in rate.
(C) The information reported under this section is a public
record.
Sec. 4934.07. (A) A park operator, unit owners association,
or landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, that measures public utility
service to a premises through a master meter that is not operated
in conjunction with a submeter, may use a formula, including a
ratio utility billing system, for determining the cost of the
public utility service provided to the premises.
(B) A park operator, unit owners association, or landlord
shall provide a written explanation of the formula at the time a
resident, owner, or tenant enters into a rental agreement,
association agreement, or lease. A third-party reseller shall
include a written explanation of the formula on any contract for
public utility service to the premises between the reseller and
the resident, owner, or tenant at the time the contract is entered
into and on each bill for public utility service to the premises.
Sec. 4934.08. (A) A park operator, unit owners association,
or landlord that meets both of the following must comply with
division (B) of this section:
(1) The operator, association, or landlord has not entered
into a contract with a third-party reseller under section 4934.05
of the Revised Code;
(2) The operator, association, or landlord measures public
utility service to a premises through a master meter that is not
operated in conjunction with a submeter.
(B) The operator, association, or landlord shall include in
all rental, association, and lease agreements both of the
following:
(1) The formula used for determining the cost of the public
utility service provided to the premises;
(2) The portion of the rental or fee charged under an
agreement or lease that represents the actual cost of public
utility service provided to the premises.
Sec. 4934.09. A park operator, unit owners association, or
landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, that measures public utility
service to a premises through a master meter that is not operated
in conjunction with a submeter shall not:
(A) Charge residents, unit owners, or tenants more, in
aggregate, for public utility service than the total amount the
operator, association, landlord, or third-party reseller is
charged for that service; or
(B) Charge each resident, unit owner, or tenant for the
public utility service an amount that exceeds the charge imposed
for public utility service to comparable premises of other
residential customers in the same service territory.
Sec. 4934.10. (A) A park operator, unit owners association,
or landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, that measures public utility
service through a submeter shall not charge a resident, unit
owner, or tenant for the public utility service an amount that
exceeds the charge imposed for public utility service to
comparable premises of other residential customers in the same
service territory.
(B) The operator, association, landlord, or reseller may
charge the resident, unit owner, or tenant for the actual amount
for the service if the charge does not exceed the limit described
in division (A) of this section.
Sec. 4934.11. A park operator, unit owners association, or
landlord, or third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, may charge residents, unit
owners, or tenants an amount for public utility service that
exceeds the limitations imposed under section 4934.09 or 4934.10
of the Revised Code if both of the following apply:
(A) The charge is derived, in whole or in part, from costs
incurred under a long-term supply contract;
(B) The charge did not exceed the limitations imposed under
section 4934.09 or 4934.10 of the Revised Code at the time the
long-term supply contract was entered into.
Sec. 4934.12. (A) A park operator, unit owners association,
or landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, that measures public utility
service through a submeter shall include in any bill to a
resident, unit owner, or tenant, all of the following:
(1) The beginning and ending submeter reading;
(2) The dates the submeter was read;
(3) The rate charged for service to the resident, unit owner,
or tenant;
(4) The rate charged for service to a single-family home in
the same county.
(B) An operator, association, landlord, or reseller described
in division (A) shall ensure that each bill is generated at least
fourteen days prior to the date upon which payment is due.
Sec. 4934.13. (A) For the purpose of providing a prospective
or actual resident, unit owner, or tenant with useful knowledge
regarding the cost of submetered public utilities at an individual
premises, the public utilities commission shall provide each park
operator, unit owners association, or landlord, or third-party
reseller under contract pursuant to section 4934.05 of the Revised
Code for each of the premises for which a submeter is installed, a
document, or means of obtaining a document, disclosing the
following information in a format that is clear and easily
understood:
(1) The price per unit, as provided to the specific premises,
of any public utility service that is measured by a submeter when
provided to the specific premises;
(2) The price of the submetered public utility service as a
percentage of the maximum allowable price;
(3) The mean and median price per unit by which the
submetered public utility service is provided in the county where
the specific premises is located;
(4) An estimate of the predicted annual cost, in dollars, of
the submetered public utility service provided to the specific
premises, together with the predicted average annual cost in that
county of the same public utility service to properties of
comparable square footage.
(B) Each park operator, unit owners association, or landlord,
or third-party reseller under contract pursuant to section 4934.05
of the Revised Code, shall provide to each prospective resident,
unit owner, or tenant, prior to the signing of a lease, rental or
purchase agreement, or service contract, and once per year
thereafter, and each time the rate is changed pursuant to section
4934.06 of the Revised Code, to each resident, unit owner, or
tenant, the document under division (A) of this section.
(C) Each park operator, unit owners association, landlord,
and third-party reseller shall be required to keep, for each
document provided under division (B) of this section, a copy
signed by the resident, unit owner, or tenant, for three years.
Sec. 4934.14. (A) A park operator, unit owners association,
or landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, shall maintain adequate
records detailing all submeter measurements for public utility
services provided to a premises and the charges for the services.
(B) Upon reasonable prior request, the operator, association,
landlord, or reseller shall make all records created under this
section available for inspection by a 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, or any contract for
public utility service between a resident, unit owner, or tenant
and the reseller.
Sec. 4934.15. A park operator, unit owners association, or
landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, may impose an administrative
fee, late fee, or any other fee relating to the provision of, or
payment for, public utility service supplied to a tenant's,
resident's, or unit owner's premises.
Sec. 4934.16. (A) A park operator, unit owners association,
landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, may prorate or allocate the
costs for public utility service that is provided to common areas
and for commonly used equipment available for use by a resident,
unit owner, or tenant.
(B) If an operator, association, landlord, or reseller
prorates or allocates the costs for public utility service that is
provided to common areas and for commonly used equipment, the
operator, association, landlord, or reseller shall disclose prior
to entering into a rental agreement, association agreement, or
lease, or a contract for public utility service with a resident,
unit owner, or tenant that the public utility service for such
areas and equipment will be so prorated or allocated.
Sec. 4934.17. If a fee is imposed pursuant to section 4934.15
of the Revised Code or a cost is prorated or allocated pursuant to
section 4934.16 of the Revised Code, the fee or cost or both, plus
the charge imposed for public utility service to the premises,
shall not exceed the charge imposed for public utility service to
comparable premises of other residential customers in the service
territory.
Sec. 4934.18. (A) A park operator, unit owners association,
a landlord, or a third-party reseller under contract pursuant to
section 4934.05 of the Revised Code, may terminate the service of
facilitating, through a submeter or otherwise, public utility
service for nonpayment of public utility service. 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.
(B) Notwithstanding Chapters 1923. and 5321. of the Revised
Code, a park operator or landlord shall not evict a resident or
tenant if public utility service has been terminated under
division (A) of this section.
Sec. 4934.20. No park operator, unit owners association,
landlord, or third-party reseller shall enter into a rental
agreement, association agreement, or lease, or a contract for
public utility service with a resident, unit owner, or tenant that
conflicts with the provisions of this chapter.
Sec. 4934.21. Nothing in this chapter shall limit the
authority of the public utilities commission to prohibit or limit
the reselling of public utility service.
Sec. 4934.22. If a landlord, park operator, unit owners
association, or third-party reseller violates any provision of
this chapter, the affected resident, unit owner, or tenant may
bring an action to recover double the amount of damages resulting
from the violation, obtain injunctive relief to prevent the
recurrence of the conduct, and obtain a judgment for reasonable
attorney's fees.
For purposes of this section, "damages" means either or both
of the following, as applicable to the facts based upon which an
action is brought under this division:
(A) The total amount charged to the resident, unit owner, or
tenant for the public utility service for the period during which
a violation of this chapter occurred;
(B) The total amount of administrative, late, or other fees
charged to the resident in violation of section 4934.15 of the
Revised Code.
Sec. 4934.24. The public utilities commission shall adopt
rules that do the following:
(A) Establish standards and other requirements for ratio
utility billing systems;
(B) Establish a method for determining the amount other
residential customers in a service territory are charged for the
public utility service for comparison as described in sections
4934.09, 4934.10, and 4934.15 of the Revised Code.
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.
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