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hb173_05_EN
(136th General Assembly)
(Substitute
House Bill Number 173)
AN
ACT
To amend sections 4905.02,
4905.10, and 5321.04 and to enact sections 4933.51, 4933.52, 4933.53,
4933.54, 4933.55, 4933.552, 4933.553, 4933.554, 4933.555, 4933.56,
4933.57, 4933.58, 4933.59, 4933.60, 4933.62, 4933.65, and 4933.66 of
the Revised Code regarding submetered utility services.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 4905.02, 4905.10, and 5321.04 be amended and sections
4933.51, 4933.52
,
4933.53
,
4933.54, 4933.55, 4933.552, 4933.553, 4933.554, 4933.555, 4933.56,
4933.57, 4933.58, 4933.59, 4933.60, 4933.62, 4933.65, and 4933.66 of
the Revised Code be enacted to read as follows:
Sec.
4905.02.
(A)
As used in this chapter, "public utility" includes every
corporation, company, copartnership, person, or association, the
lessees, trustees, or receivers of the foregoing, defined in section
4905.03 of the Revised Code, including any public utility that
operates its utility not for profit, except the following:
(1)
An electric light company that operates its utility not for profit;
(2)
A public utility, other than a telephone company, that is owned and
operated exclusively by and solely for the utility's customers,
including any consumer or group of consumers purchasing, delivering,
storing, or transporting, or seeking to purchase, deliver, store, or
transport, natural gas exclusively by and solely for the consumer's
or consumers' own intended use as the end user or end users and not
for profit;
(3)
A public utility that is owned or operated by any municipal
corporation;
(4)
A railroad as defined in sections 4907.02 and 4907.03 of the Revised
Code;
(5)
Any provider, including a telephone company, with respect to its
provision of any of the following:
(a)
Advanced services as defined in 47 C.F.R. 51.5;
(b)
Broadband service, however defined or classified by the federal
communications commission;
(c)
Information service as defined in the "Telecommunications Act of
1996," 110 Stat. 59, 47 U.S.C. 153(20);
(d)
Subject to division (A) of section 4927.03 of the Revised Code,
internet protocol-enabled services as defined in section 4927.01 of
the Revised Code;
(e)
Subject to division (A) of section 4927.03 of the Revised Code, any
telecommunications service as defined in section 4927.01 of the
Revised Code to which both of the following apply:
(i)
The service was not commercially available on September 13, 2010, the
effective date of the amendment of this section by S.B. 162 of the
128th general assembly.
(ii)
The service employs technology that became available for commercial
use only after September 13, 2010, the effective date of the
amendment of this section by S.B. 162 of the 128th general assembly.
(6)(a)
A person, business, or other entity that, either on its own behalf or
under a contract with a property owner, provides, constructs, or
installs for customers submetered utility service;
(b)
As used in this division, "submetered utility service"
means any of the following, if provided, constructed, or installed at
a point after services provided by a public utility are delivered to
the public utility's metered points of delivery at the customers'
locations:
(i)
Service or benefit from an advanced energy resource as defined in
section 4928.01 of the Revised Code;
(ii)
Electric service to nonresidential customers;
(iii)
Billing service for services described in divisions (A)(6)(b)(i) and
(ii) of this section;
(iv)
Resale of electricity to a tenant's dwelling unit by a landlord or
the landlord's agent that is based on metered consumption;
(v)
Resale of electricity to a condominium by a unit owners association
or the association's agent that is based on metered consumption.
(B)(1)
"Public utility" includes a for-hire motor carrier even if
the carrier is operated in connection with an entity described in
division (A)(1), (2), (4), or (5) of this section.
(2)
Division (A) of this section shall not be construed to relieve a
private motor carrier, operated in connection with an entity
described in division (A)(1), (2), (4), or (5) of this section, from
compliance with either of the following:
(a)
Chapter 4923. of the Revised Code;
(b)
Rules governing unified carrier registration adopted under section
4921.11 of the Revised Code.
(C)
As used in this section:
(1)
"Condominium" and "unit owners association" have
the same meanings as in section 5311.01 of the Revised Code.
(2)
"Dwelling unit," "landlord," and "tenant"
have the same meanings as in section 5321.01 of the Revised Code.
Sec.
4905.10.
(A)
For the sole purpose of maintaining and administering the public
utilities commission and exercising its supervision and jurisdiction
over the railroads and public utilities of this state, an amount
equivalent to the appropriation from the public utilities fund
created under division (B) of this section to the public utilities
commission for railroad and public utilities regulation in each
fiscal year shall be apportioned among and assessed against each
railroad and public utility within this state by the commission by
first computing an assessment as though it were to be made in
proportion to the intrastate gross earnings or receipts, excluding
earnings or receipts from sales to other public utilities for resale,
of the railroad or public utility for the calendar year next
preceding that in which the assessment is made. The commission may
include in that first computation any amount of a railroad's or
public utility's intrastate gross earnings or receipts that were
underreported in a prior year. In addition to whatever penalties
apply under the Revised Code to such underreporting, the commission
shall assess the railroad or public utility interest at the rate
stated in division (A) of section 1343.01 of the Revised Code. The
commission shall deposit any interest so collected into the public
utilities fund. The commission may exclude from that first
computation any such amounts that were overreported in a prior year.
The
final computation of the assessment shall consist of imposing upon
each railroad and public utility whose assessment under the first
computation would have been one hundred dollars or less an assessment
of one hundred dollars and recomputing the assessments of the
remaining railroads and public utilities by apportioning an amount
equal to the appropriation to the public utilities commission for
administration of the utilities division in each fiscal year less the
total amount to be recovered from those paying the minimum
assessment, in proportion to the intrastate gross earnings or
receipts of the remaining railroads and public utilities for the
calendar year next preceding that in which the assessments are made.
In
the case of an assessment based on intrastate gross receipts under
this section against a public utility that is an electric utility as
defined in section 4928.01 of the Revised Code, or an electric
services company, electric cooperative, or governmental aggregator
subject to certification under section 4928.08 of the Revised Code,
such receipts shall be those specified in the utility's, company's,
cooperative's, or aggregator's most recent report of intrastate gross
receipts and sales of kilowatt hours of electricity, filed with the
commission pursuant to division (F) of section 4928.06 of the Revised
Code, and verified by the commission.
In
the case of an assessment based on intrastate gross receipts under
this section against a retail natural gas supplier or governmental
aggregator subject to certification under section 4929.20 of the
Revised Code, such receipts shall be those specified in the
supplier's or aggregator's most recent report of intrastate gross
receipts and sales of hundred cubic feet of natural gas, filed with
the commission pursuant to division (B) of section 4929.23 of the
Revised Code, and verified by the commission. However, no such retail
natural gas supplier or such governmental aggregator serving or
proposing to serve customers of a particular natural gas company, as
defined in section 4929.01 of the Revised Code, shall be assessed
under this section until after the commission, pursuant to section
4905.26 or 4909.18 of the Revised Code, has removed from the base
rates of the natural gas company the amount of assessment under this
section that is attributable to the value of commodity sales service,
as defined in section 4929.01 of the Revised Code, in the base rates
paid by those customers of the company that do not purchase that
service from the natural gas company.
In
the case of an assessment based on intrastate gross receipts under
this section against a submetered utility service provider, such
receipts shall be limited to receipts for submetered utility service.
(B)
Through calendar year 2005, on or before the first day of October in
each year, the commission shall notify each such railroad and public
utility of the sum assessed against it, whereupon payment shall be
made to the commission, which shall deposit it into the state
treasury to the credit of the public utilities fund, which is hereby
created. Beginning in calendar year 2006, on or before the fifteenth
day of May in each year, the commission shall notify each railroad
and public utility that had a sum assessed against it for the current
fiscal year of more than one thousand dollars that fifty per cent of
that amount shall be paid to the commission by the twentieth day of
June of that year as an initial payment of the assessment against the
company for the next fiscal year. On or before the first day of
October in each year, the commission shall make a final determination
of the sum of the assessment against each railroad and public utility
and shall notify each railroad and public utility of the sum assessed
against it. The commission shall deduct from the assessment for each
railroad or public utility any initial payment received. Payment of
the assessment shall be made to the commission by the first day of
November of that year. The commission shall deposit the payments
received into the state treasury to the credit of the public
utilities fund. Any such amounts paid into the fund but not expended
by the commission shall be credited ratably, after first deducting
any deficits accumulated from prior years, by the commission to
railroads and public utilities that pay more than the minimum
assessment, according to the respective portions of such sum
assessable against them for the ensuing fiscal year. The assessments
for such fiscal year shall be reduced correspondingly.
(C)
Within five days after the beginning of each fiscal year through
fiscal year 2006, the director of budget and management shall
transfer from the general revenue fund to the public utilities fund
an amount sufficient for maintaining and administering the public
utilities commission and exercising its supervision and jurisdiction
over the railroads and public utilities of the state during the first
four months of the fiscal year. The director shall transfer the same
amount back to the general revenue fund from the public utilities
fund at such time as the director determines that the balance of the
public utilities fund is sufficient to support the appropriations
from the fund for the fiscal year. The director may transfer less
than that amount if the director determines that the revenues of the
public utilities fund during the fiscal year will be insufficient to
support the appropriations from the fund for the fiscal year, in
which case the amount not paid back to the general revenue fund shall
be payable to the general revenue fund in future fiscal years.
(D)
For the purpose of this section only, "public utility"
includes:
(1)
In addition to an electric utility as defined in section 4928.01 of
the Revised Code, an electric services company, an electric
cooperative, or a governmental aggregator subject to certification
under section 4928.08 of the Revised Code, to the extent of the
company's, cooperative's, or aggregator's engagement in the business
of supplying or arranging for the supply in this state of any retail
electric service for which it must be so certified;
(2)
In addition to a natural gas company as defined in section 4929.01 of
the Revised Code, a retail natural gas supplier or governmental
aggregator subject to certification under section 4929.20 of the
Revised Code, to the extent of the supplier's or aggregator's
engagement in the business of supplying or arranging for the supply
in this state of any competitive retail natural gas service for which
it must be certified
;
(3)
A submetered utility service provider
.
(E)
Each public utilities commissioner shall receive a salary fixed at
the level set by pay range 49 under schedule E-2 of section 124.152
of the Revised Code.
(F)
As used in this section, "submetered utility service" has
the same meaning as in section 4905.02 of the Revised Code and
"submetered utility service provider" has the same meaning
as in section 4933.51 of the Revised Code.
Sec.
4933.51.
As
used in sections 4933.51 to 4933.66 of the Revised Code:
(A)
"Building" has the same meaning as in section 3781.06 of
the Revised Code.
(B)
"Condominium" has the same meaning as in section 5311.01 of
the Revised Code.
(C)
"Dwelling unit," "landlord," and "tenant"
have the same meanings as in section 5321.01 of the Revised Code.
(D)
"Electric utility" has the same meaning as in section
4928.01 of the Revised Code.
(E)
"Qualified low-income building" has the same meaning as in
section 175.16 of the Revised Code.
(F)
"Submetered utility service" has the same meaning as in
section 4905.02 of the Revised Code.
(G)(1)
"Submetered utility service provider" means, subject to
divisions (G)(2) and (3) of this section, a person, business, or
other entity that, either on its own behalf or under a contract with
a property owner, provides, constructs, or installs for customers
submetered utility service.
(2)
In the case of resale of electricity to a tenant based on metered
consumption at the tenant's dwelling unit, the submetered utility
service provider is the master meter account holder, or customer of
record, with the electric utility delivering service to the premises,
except to the extent that such account holder or customer of record
is a landlord who has assigned responsibility for compliance with
some or all of the requirements of sections 4933.55 to 4933.59 of the
Revised Code to a third party by contract. The third party that
assumed responsibility for compliance with some or all of the
requirements of sections 4933.55 to 4933.59 of the Revised Code is
the submetered utility service provider to the extent that the third
party has assumed such responsibility.
(3)
"Submetered utility service provider" does not include a
person, business, or other entity that, either on its own behalf or
under a contract with a property owner, provides, constructs, or
installs either of the following for customers:
(a)
A mercantile customer self-power system, as defined in section
4928.73 of the Revised Code;
(b)
A behind the meter electric generation facility.
(H)
"Substantial improvement" means any repair or improvement
to a building where the cost of the repair or improvement is at least
fifty per cent of the county auditor's market value, as defined in
section 5705.01 of the Revised Code, of the property where the
building is located during the tax year in which the repair or
improvement is completed.
Sec.
4933.52.
(A)
Except for reasons of safety or reliability, the public utilities
commission shall not adopt any rule that permits an electric utility
to set the location of, or refuse to relocate, any of its meters so
that the meter's location prevents a submetered utility service
provider from providing, constructing, or installing submetered
utility service at a point after the electric service is delivered to
the electric utility's metered point of delivery at that location.
(B)
Except for reasons of safety or reliability, no electric utility
shall set the location of, or refuse to relocate, any of its meters
so that the meter's location prevents a submetered utility service
provider from providing, constructing, or installing submetered
utility service at a point after the electric utility service is
delivered to the electric utility's metered point of delivery at that
location.
Sec.
4933.53.
(A)
An electric utility may sell its equipment to a submetered utility
service provider at a property or community where the provider
intends to provide submetered utility service.
(B)
If an electric utility decides not to sell its equipment to a
submetered utility service provider at a property or community where
the provider intends to provide submetered utility service, then the
utility shall remove the equipment in a timely manner.
(C)
If an electric utility does not remove its equipment in a timely
manner under division (B) of this section, then the utility shall pay
all costs for the submetered utility service provider to remove the
equipment.
Sec.
4933.54.
Each
electric utility shall maintain up-to-date reference tools on the
utility's web site, or in another conspicuous and publicly accessible
location, that permit automatic calculation of what the electric
utility would charge its residential customers with a specific
kilowatt-hour usage during any of the most recent twelve months.
Sec.
4933.55.
A
submetered utility service provider that resells electricity to a
tenant based on metered consumption at the tenant's dwelling unit
shall provide the tenant a discount resulting in the tenant's bill
being at least three per cent less than the bill for the standard
service offer and all tariffed charges and riders that the electric
utility, in whose certified territory the dwelling unit is located,
would charge its residential customers for electric service.
Sec.
4933.552.
On
and after the effective date of this section:
(A)
No submetered utility service provider shall convert a building that
receives electric service from an electric utility to receive
submetered utility service, unless the submetered utility service
provider begins installing submetered utility service equipment
within one year after a substantial improvement to the building is
completed.
(B)
A submetered utility service provider may supply submetered utility
service to a building that does not receive electric service from an
electric utility.
Sec.
4933.553.
No
submetered utility service provider shall bill or otherwise recover
from customers any amounts that were previously undercharged for
unmetered electricity.
Sec.
4933.554.
(A)
The cost of electricity for electric vehicle charging stations
located at a residential property shall not be included in any common
area electricity charge or fee billed to tenants, regardless of
whether the property is served by an electric utility or a submetered
utility service provider.
(B)
Electric vehicle charging station costs shall be billed exclusively
on an as-used basis, directly to the tenant or vehicle owner who used
the charging station during the applicable billing period.
(C)
This section applies to both submetered utility service providers and
landlords, regardless of whether the property is subject to
submetered utility service.
(D)
No landlord or submetered utility service provider shall recover the
cost of electric vehicle charging station infrastructure,
maintenance, or operation through common area charges assessed
against tenants who do not use such charging stations.
Sec.
4933.555.
(A)
Except as provided in division (B) of this section, no submetered
utility service provider that resells electricity to a tenant based
on metered consumption at the tenant's dwelling unit shall charge a
tenant a common area charge or fee, including any common area charge
or fee for central systems air conditioning, heating, and hot water.
(B)
A submetered utility service provider shall be solely responsible for
calculating, billing, and collecting any common area charge or fee
for electricity. Any such charge billed to a tenant shall both:
(1)
Not exceed the actual cost of electricity billed to the submetered
utility service provider by the electric utility for common area
consumption, allocated on a pro-rata basis among the dwelling units
served;
(2)
Include no markup, administrative fee, service charge, or any other
amount above the actual cost described in division (B)(1) of this
section.
(C)
No landlord shall independently bill or collect common area
electricity charges from tenants at a property where a submetered
utility service provider operates. The provider assumes full
responsibility for the accuracy and compliance of all common area
electricity billing.
Sec.
4933.56.
A
submetered utility service provider that resells electricity to a
tenant based on metered consumption at the tenant's dwelling unit
shall do all of the following:
(A)
Register with the public utilities commission every two years and
comply with the rules adopted pursuant to section 4933.59 of the
Revised Code. Registration under this division shall include only the
provider's name, business address, telephone number, regulatory
contact, the type of services offered by the provider, and evidence
of the managerial, financial, and technical capabilities to offer
such services.
(B)
At a minimum, comply with the requirements for the disconnection of
electric service established in sections 4933.121 to 4933.123 of the
Revised Code and the rules adopted pursuant to those sections, as
applicable, or as otherwise ordered by the commission;
(C)
Provide a separate disclosure and a report of historic monthly usage
and corresponding billed amounts for metered electricity to each
tenant's dwelling unit for the preceding twelve months, if
applicable, to its tenants solely for purposes of compliance with the
pricing requirements under section 4933.55 of the Revised Code;
(D)
Disclose its process and procedures for the disconnection of electric
service to its tenants;
(E)
Offer an alternative payment plan option to a tenant that receives
submetered utility service from the provider;
(F)
Accept a payment from the home energy assistance program when the
account holder qualifies for the home energy assistance program;
(G)
Ensure that each bill issued by the provider for submetered utility
service complies with all of the following:
(1)
Lists each charge or fee for submetered utility service in a separate
and distinct manner that allows the tenant to understand each charge
or fee;
(2)
Contains no common area charge or fee, including any common area
charge or fee for central systems air conditioning, heating, and hot
water, except as provided in section 4933.555 of the Revised Code;
(3)
Clearly states the tenant's actual metered electricity usage in
kilowatt hours, or other standard measure, in a manner that allows
the tenant to effectively use the reference tools required by section
4933.54 of the Revised Code;
(4)
States the applicable standard service offer rate of the electric
utility for the same billing period and equivalent usage, enabling
the tenant to verify the savings required under section 4933.55 of
the Revised Code.
(H)
Furnish high quality, safe, and reliable service.
Sec.
4933.57.
(A)
Prior to the effective date of the rules adopted to implement section
4933.58 of the Revised Code, a submetered utility service provider
that resells electricity to a tenant based on metered consumption at
the tenant's dwelling unit at a property or community with more than
fifty dwelling units shall file an interim compliance plan for
approval with the public utilities commission for each property or
community with more than fifty dwelling units at which submetered
utility service is provided to tenants by either of the following
dates, whichever is later:
(1)
Not more than ninety days after the commission adopts rules to
implement this section;
(2)
Prior to the date that the provider initiates providing submetered
utility service at the property or community.
(B)
The commission may approve an interim compliance plan filing that
does all of the following:
(1)
Includes the provider's name, business address, telephone number,
regulatory contact, and the type of services offered by the provider
at the community or property;
(2)
Describes the methods by which the provider intends to ensure that
any bills to tenants at the property or community comply with the
pricing requirements for the resale of electricity under section
4933.55 of the Revised Code;
(3)
Describes how the provider intends to comply with the electric
service disconnection standards imposed by section 4933.56 of the
Revised Code;
(4)
If more than one submetered utility service provider provides
submetered utility service at a single property or community with
more than fifty dwelling units, or if more than one party is
responsible for the compliance plan items described in this section,
sets forth the responsibilities of each provider for each of the
interim compliance plan items described in this section.
(C)
The provider shall adhere to the interim compliance plan that is
approved by the commission until the plan is terminated, unless
otherwise directed by the commission.
(D)
An interim compliance plan for a property or community approved by
the commission terminates upon the commission approving a compliance
plan under section 4933.58 of the Revised Code for the same property
or community. An interim compliance plan continues until terminated
pursuant to this division or terminated by the commission.
(E)
The requirement that a provider file an interim compliance plan under
this section terminates upon the effective date of rules to implement
section 4933.58 of the Revised Code.
Sec.
4933.58.
(A)
A submetered utility service provider that resells electricity to a
tenant based on metered consumption at the tenant's dwelling unit at
a property or community with more than fifty dwelling units shall
file a compliance plan for approval with the public utilities
commission for each property or community with more than fifty
dwelling units at which submetered utility service is provided to
tenants by either of the following dates, whichever is later:
(1)
Not more than ninety days after the commission adopts rules to
implement this section;
(2)
Prior to the date that the provider initiates providing submetered
utility service at the property or community.
(B)
The commission may approve a compliance plan filing that does all of
the following:
(1)
Describes the means by which the provider will ensure compliance with
sections 4933.56 and 4933.59 of the Revised Code at the property or
community, as applicable;
(2)
Includes the provider's name, business address, telephone number,
regulatory contact, and the type of services offered by the provider
at the community or property;
(3)
Describes the methods by which the provider intends to ensure that
any bills to tenants at the property or community comply with the
pricing requirements for the resale of electricity under section
4933.55 of the Revised Code;
(4)
Describes how the provider intends to comply with the electric
service disconnection standards imposed by section 4933.56 of the
Revised Code;
(5)
Includes a copy of the language included, or to be included, in each
tenant's lease relating to submetered utility service that complies
with division (C) of this section, as applicable, and section 5321.04
of the Revised Code;
(6)
For submetered utility service provided or intended to be provided to
a qualified low-income building, discloses any utility assistance
programs available to tenants or condominium owners of which the
applicant is aware as of the date the application is submitted;
(7)
If more than one submetered utility service provider provides
submetered utility service at a single property or community with
more than fifty dwelling units, or if more than one party is
responsible for the compliance plan items described in this section,
sets forth the responsibilities of each provider for each of the
compliance plan items described in this section;
(8)
Discloses the standard communication format used by the provider or
landlord to provide information to tenants;
(9)
Provide a description of the alternative payment plan required by
section 4933.56 of the Revised Code.
(C)
To the extent that a landlord of a property or community with more
than fifty dwelling units is not the submetered utility service
provider, the landlord shall separately contribute to or attest to
the language included, or to be included, in each tenant's lease
relating to submetered utility service.
(D)
The provider shall adhere to the compliance plan that is approved by
the commission, unless otherwise directed by the commission.
(E)
The compliance plan shall be updated upon any material change to the
information contained therein.
Sec.
4933.59.
(A)
Not later than one year after the effective date of this section, the
public utilities commission shall adopt rules to do all of the
following:
(1)
Implement sections 4933.56 and 4933.58 of the Revised Code;
(2)
Establish minimum service requirements for submetered utility service
providers with respect to metering, outages and accident reports, and
customer billing and payments as if the providers were electric
utilities;
(3)
Establish procedures for customer complaint and complaint handling
for submetered utility service providers as if the providers were
electric utilities;
(4)
Establish requirements for submetered utility service providers
governing retention of records and production of such records in
response to requests by commission staff.
(B)
The commission shall adopt rules to implement section 4933.57 of the
Revised Code not more than one hundred eighty days after the
effective date of this section.
(C)
The commission may require submetered utility service providers that
provide submetered utility service to residential end users other
than providers that resell electricity to a tenant based on metered
consumption at the tenant's dwelling unit to register every two years
and to comply with any applicable registration requirements.
(D)
Rules adopted under this section, including any requirements
regarding classifications, procedures, terms, and conditions, shall
be reasonable and shall not confer any undue economic, competitive,
or market advantage or preference upon any electric utility,
submetered utility service provider, or competitive retail electric
service provider.
(E)
The commission shall adopt rules consistent with this section that
govern submetered utility service providers that provide submetered
utility service to residential end users other than providers that
resell electricity to a tenant based on metered consumption at the
tenant's dwelling.
(F)
Notwithstanding any provision of section 121.95 of the Revised Code
to the contrary, a regulatory restriction contained in rules adopted
under sections 4933.51 to 4933.66 of the Revised Code is not subject
to sections 121.95 to 121.953 of the Revised Code.
Sec.
4933.60.
(A)
The public utilities commission shall approve or issue a notice of
deficiency in accordance with division (B)(2) of this section
relating to any of the following not more than thirty days after
receipt from a submetered utility service provider at a property or
community with more than fifty dwelling units:
(1)
A registration application required under section 4933.56 or 4933.59
of the Revised Code;
(2)
An interim compliance plan filing required under section 4933.57 of
the Revised Code;
(3)
A compliance plan filing required under section 4933.58 of the
Revised Code.
(B)(1)
The commission may approve a provider's application or filing
described in this section if the application or filing complies with
all requirements under sections 4933.56 to 4933.59 of the Revised
Code, as applicable.
(2)
If a provider's application or filing described in this section does
not comply with some or all of the requirements under sections
4933.56 to 4933.59 of the Revised Code, the commission shall notify
the provider by using a notice of deficiency setting forth the manner
of noncompliance in terms sufficiently specific to permit the
provider to remedy the noncompliance. Upon a provider's amendment of
an application or filing following a notice of deficiency, the
commission shall approve or deny the provider's amended application
or filing within ninety days of receipt.
(C)
If the commission denies a provider's amended application or filing
as described in this section, the commission shall notify the
provider of the reason for such denial.
(D)
Any application or filing described in this section that is not
approved or for which a notice of deficiency is not submitted within
ninety days is deemed approved by operation of law.
Sec.
4933.62.
(A)
No submetered utility service provider shall provide a submetered
utility service to a consumer in this state without first being
registered with the public utilities commission, to the extent
registration is required under sections 4933.56 and 4933.59 of the
Revised Code.
(B)
Beginning one hundred twenty days after the effective date of rules
adopted to implement section 4933.57 of the Revised Code and
terminating upon the effective date of rules to implement section
4933.58 of the Revised Code, no submetered utility service provider
that resells electricity to a tenant based on metered consumption at
the tenant's dwelling unit at a property or community with more than
fifty dwelling units shall provide a submetered utility service to a
consumer in this state without an approved interim compliance plan
under section 4933.57 of the Revised Code.
(C)
Beginning one hundred twenty days after the effective date of rules
adopted to implement section 4933.58 of the Revised Code, no
submetered utility service provider that resells electricity to a
tenant based on metered consumption at the tenant's dwelling unit at
a property or community with more than fifty dwelling units shall
provide a submetered utility service to a consumer in this state
without an approved compliance plan under section 4933.58 of the
Revised Code.
Sec.
4933.65.
(A)
Any submetered utility service provider that is found to have
violated or failed to comply with the requirements under sections
4933.55 to 4933.59 of the Revised Code may be assessed, or have any
or all of the following penalties imposed, at the discretion of the
public utilities commission:
(1)
A forfeiture of not more than one hundred dollars for each violation
or compliance failure per impacted dwelling unit. For purposes of a
forfeiture under division (A)(1) of this section, each day that a
provider violates or fails to comply with sections 4933.55 to 4933.59
of the Revised Code is a separate violation or compliance failure for
each violation or compliance failure.
(2)
A forfeiture of ten thousand dollars if the submetered utility
service provider is found to have violated or failed to comply with
division (C) of section 4933.62 of the Revised Code. A forfeiture
under division (A)(2) of this section may be in addition to a
forfeiture under division (A)(1) of this section.
(3)
Revocation, vacation, or nullification of the provider's registration
under section 4933.56 or 4933.59 of the Revised Code and issuance of
an order and entry of the order in the journal of the commission
barring such provider from providing submetered utility service in
this state for not more than two years or permanently;
(4)
Restitution paid to the provider's customers;
(5)
Re-rating of the provider's customers;
(6)
A refund or bill credit to the provider's customers.
(B)
In addition to penalties under division (A) of this section, a
submetered utility service provider that violates section 4933.55 or
4933.56 of the Revised Code shall be subject to the following
graduated penalties, per tenant and per violation, where each billing
period in which a tenant is overcharged is a separate violation:
(1)
For a first violation, five times the amount of the overcharge to
that tenant;
(2)
For a second violation, ten times the amount of overcharge to that
tenant;
(3)
For a third or subsequent violation, ten times the amount of the
overcharge to that tenant, plus an additional five thousand dollars.
(C)
The commission shall track violations on a per-provider, per-property
basis. Forfeitures under division (B) of this section shall first be
paid as restitution to the affected tenant with any remainder
credited to the general revenue fund.
(D)
Forfeitures under this section shall be recovered by action
prosecuted in the name of the state and may be brought in the court
of common pleas of any county in which the provider who committed the
violation or failed to comply is located. The action shall be
commenced and prosecuted by the attorney general when directed by the
commission. All forfeitures are cumulative, and an action for
recovery of one does not bar the recovery of another. Except as
provided in division (C) of this section, forfeitures collected under
this section shall be credited to the general revenue fund.
Sec.
4933.66.
The
public utilities commission may enter an order in the journal of the
commission barring, for not more than two years or permanently, the
provision of submetered utility service to the property or community
of a landlord that is found to have failed to comply with division
(C) of section 4933.58 of the Revised Code.
Sec.
5321.04.
(A)
A landlord who is a party to a rental agreement shall do all of the
following:
(1)
Comply with the requirements of all applicable building, housing,
health, and safety codes that materially affect health and safety;
(2)
Make all repairs and do whatever is reasonably necessary to put and
keep the premises in a fit and habitable condition;
(3)
Keep all common areas of the premises in a safe and sanitary
condition;
(4)
Maintain in good and safe working order and condition all electrical,
plumbing, sanitary, heating, ventilating, and air conditioning
fixtures and appliances, and elevators, supplied or required to be
supplied by the landlord;
(5)
When the landlord is a party to any rental agreements that cover four
or more dwelling units in the same structure, provide and maintain
appropriate receptacles for the removal of ashes, garbage, rubbish,
and other waste incidental to the occupancy of a dwelling unit, and
arrange for their removal;
(6)
Supply running water, reasonable amounts of hot water, and reasonable
heat at all times, except where the building that includes the
dwelling unit is not required by law to be equipped for that purpose,
or the dwelling unit is so constructed that heat or hot water is
generated by an installation within the exclusive control of the
tenant and supplied by a direct public utility connection;
(7)
Not abuse the right of access conferred by division (B) of section
5321.05 of the Revised Code;
(8)
Except in the case of emergency or if it is impracticable to do so,
give the tenant reasonable notice of the landlord's intent to enter
and enter only at reasonable times. Twenty-four hours is presumed to
be a reasonable notice in the absence of evidence to the contrary.
(9)
Promptly commence an action under Chapter 1923. of the Revised Code,
after complying with division (C) of section 5321.17 of the Revised
Code, to remove a tenant from particular residential premises, if the
tenant fails to vacate the premises within three days after the
giving of the notice required by that division and if the landlord
has actual knowledge of or has reasonable cause to believe that the
tenant, any person in the tenant's household, or any person on the
premises with the consent of the tenant previously has or presently
is engaged in a violation as described in division (A)(6)(a)(i) of
section 1923.02 of the Revised Code, whether or not the tenant or
other person has been charged with, has pleaded guilty to or been
convicted of, or has been determined to be a delinquent child for an
act that, if committed by an adult, would be a violation as described
in that division. Such actual knowledge or reasonable cause to
believe shall be determined in accordance with that division.
(10)
Comply with the rights of tenants under the Servicemembers Civil
Relief Act, 117 Stat. 2835, 50 U.S.C. App. 501
;
(11)
If the landlord, whether by itself or with the assistance of a
submetered utility service provider, resells or permits resale of
utility service to tenants, disclose the nature of such utility
service and all related charges or fees in its leases with tenants,
and, as applicable, comply with sections 4933.51 to 4933.66 of the
Revised Code;
(12)
Not independently bill or collect common area electricity charges
from tenants at any property where a submetered utility service
provider operates pursuant to section 4933.555 of the Revised Code
.
(B)
If the landlord makes an entry in violation of division (A)(8) of
this section, makes a lawful entry in an unreasonable manner, or
makes repeated demands for entry otherwise lawful that have the
effect of harassing the tenant, the tenant may recover actual damages
resulting from the entry or demands, obtain injunctive relief to
prevent the recurrence of the conduct, and obtain a judgment for
reasonable attorney's fees, or may terminate the rental agreement.
(C)
As used in this section, "submetered utility service provider"
has the same meaning as in section 4933.51 of the Revised Code.
Section
2.
That
existing sections 4905.02, 4905.10, and 5321.04 of the Revised Code
are hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________