Prohibit terminating electric, gas service to certain households

As Introduced

136th
General Assembly

Regular
Session
S. B. No. 246

2025-2026

Senator Smith

Cosponsor: Senator Craig

To
amend sections 4933.12, 4933.121, and 4933.123 and to enact sections
4933.125, 4933.126, 4933.127, 4933.128, 4933.129, 4933.1210
,
and 4933.1211

of the Revised Code
to
prohibit terminating electric or gas service to certain households
and establish a payment plan for these services.

BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section
1.
That
sections 4933.12, 4933.121, and 4933.123 be amended and sections
4933.125, 4933.126, 4933.127, 4933.128, 4933.129, 4933.1210
,
and 4933.1211

of the Revised Code be enacted to read as follows:

Sec.
4933.12.
(A)
Except as provided in division (C) of this section

and
,

division
(E) of section 5117.11 of the Revised Code,
and
section 4933.125 of the Revised Code,
if
any person supplied with gas neglects or refuses to pay the amount
due for the gas or for rent of articles hired by the person from a
natural gas company or a gas company, the company may stop the gas
from entering the premises of the person. In such cases, after
twenty-four hours' notice, the officers, servants, or workers of the
company may enter the premises of such persons, between eight a.m.
and four p.m., take away such property of the company, and disconnect
any meter from the mains or pipes of the company.

(B)
The company shall not refuse to furnish gas on account of arrearages
due it for gas furnished to persons formerly receiving services at
the premises as customers of the company, provided the former
customers are not continuing to reside at the premises.

(C)

The

Except
as provided in section 4933.125 of the Revised Code, the
company
shall not, for any reason, unless required by the consumer for safety
reasons, or unless tampering with utility company equipment or theft
of gas or utility company equipment has occurred, stop gas from
entering the premises of any residential consumer for the period
beginning on the fifteenth day of November and ending on the
fifteenth day of the following April, unless both of the following
apply:

(1)
The account of the consumer is in arrears thirty days or more.

(2)
If the occupant of residential premises is a tenant whose landlord is
responsible for payment for the service provided by the company, the
company has, five days previously, notified the occupant of its
intent to discontinue service to the occupant.

(D)
No company shall stop the gas from entering any residential premises
between the fifteenth day of November and the fifteenth day of April
because of a failure to pay the amount due for the gas unless the
company, at the time it sends or delivers to the premises notices of
termination, informs the occupant of the premises where to obtain
state and federal aid for payment of utility bills and for home
weatherization and information on local government aid for payment of
utility bills and for home weatherization.

(E)
On or before the first day of November, a county human services
department may request a company to give prior notification of any
residential service terminations to occur during the period beginning
on the fifteenth day of November immediately following the
department's request and ending on the fifteenth day of the following
April. If a department makes such a written request, at least
twenty-four hours before the company terminates services to a
residential customer in the county during that period for failure to
pay the amount due for service, the company shall provide written
notice to the department of the residential customer whose service
the company so intends to terminate. No company that has received
such a request shall terminate such service during that period unless
it has provided the notice required under this division.

(F)
No company shall stop gas from entering the residential premises of
any residential consumer who is deployed on active duty for
nonpayment for gas supplied to the residential premises.

Upon
return of a residential consumer from active duty, the company shall
offer the residential consumer a period equal to at least the period
of deployment on active duty to pay any arrearages incurred during
the period of deployment. The company shall inform the residential
consumer that, if the period the company offers presents a hardship
to the consumer, the consumer may request a longer period to pay the
arrearages and, in the case of a company that is a public utility as
defined in section 4905.02 of the Revised Code, may request the
assistance of the public utilities commission to obtain a longer
period. No late payment fees or interest shall be charged to the
residential consumer during the period of deployment or the repayment
period.

If
a company that is a public utility determines that amounts owed by a
residential consumer who is deployed on active duty are
uncollectible, the company may file an application with the public
utilities commission for approval of authority to recover the
amounts. The recovery shall be through a rider on the base rates of
customers of the company or through other means as may be approved by
the commission, provided that any amount approved to be recovered
through a rider or other means shall not be considered by the
commission in any subsequent rate determination.

As
used in this division, "active duty" means active duty
pursuant to an executive order of the president of the United States,
an act of the congress of the United States, or section 5919.29 or
5923.21 of the Revised Code.

Sec.
4933.121.
(A)
Except as provided in division (E) of section 5117.11 of the Revised
Code

and section 4933.125 of the Revised Code
,
an electric light company shall not, for any reason, unless requested
by the consumer for safety reasons, or unless tampering with utility
company equipment or theft of electricity or utility company
equipment has occurred, cease to provide electricity to any
residential consumer for the period beginning on the fifteenth day of
November and ending on the fifteenth day of the following April,
unless both of the following apply:

(1)
The account of the consumer is in arrears thirty days or more.

(2)
If the occupant of residential premises is a tenant whose landlord is
responsible for payment for the service provided by the company, the
company has, five days previously, notified the occupant of its
intent to discontinue service to the occupant.

(B)
The company shall not refuse to furnish electricity on account of
arrearages due it for electricity furnished to persons formerly
receiving services at the premises as customers of the company,
provided the former customers are not continuing to reside at the
premises.

(C)
No company shall cease to provide electricity to any residential
premises between the fifteenth day of November and the fifteenth day
of April because of a failure to pay the amount due for the
electricity unless the company, at the time it sends or delivers to
the premises notices of termination, informs the occupant of the
premises where to obtain state and federal aid for payment of utility
bills and for home weatherization and information on local government
aid for payment of utility bills and for home weatherization.

(D)
On or before the first day of November, a county human services
department may request a company to give prior notification of any
residential service terminations to occur during the period beginning
on the fifteenth day of November immediately following the
department's request and ending on the fifteenth day of the following
April. If a department makes such a written request, at least
twenty-four hours before the company terminates services to a
residential customer in the county during that period for failure to
pay the amount due for service, the company shall provide written
notice to the department of the residential customer whose service
the company so intends to terminate. No company that has received
such a request shall terminate such service during that period unless
it has provided the notice required under this division.

(E)
No company shall cease to provide electricity to the residential
premises of any residential consumer who is deployed on active duty
for nonpayment for electricity provided to the residential premises.

Upon
return of a residential consumer from active duty, the company shall
offer the residential consumer a period equal to at least the period
of deployment on active duty to pay any arrearages incurred during
the period of deployment. The company shall inform the residential
consumer that, if the period the company offers presents a hardship
to the consumer, the consumer may request a longer period to pay the
arrearages and, in the case of a company that is a public utility as
defined in section 4905.02 of the Revised Code, may request the
assistance of the public utilities commission to obtain a longer
period. No late payment fees or interest shall be charged to the
residential consumer during the period of deployment or the repayment
period.

If
a company that is a public utility determines that amounts owed by a
residential consumer who is deployed on active duty are
uncollectible, the company may file an application with the public
utilities commission for approval of authority to recover the
amounts. The recovery shall be through a rider on the base rates of
customers of the company or through other means as may be approved by
the commission, provided that any amount approved to be recovered
through a rider or other means shall not be considered by the
commission in any subsequent rate determination.

As
used in this division, "active duty" means active duty
pursuant to an executive order of the president of the United States,
an act of the congress of the United States, or section 5919.29 or
5923.21 of the Revised Code.

Sec.
4933.123.
(A)
For the purpose of this section:

(1)
"Energy company" shall have the meaning assigned in
division
(A)(4)

(D)

of
section 5117.01 of the Revised Code.

(2)
"Service disconnection for nonpayment" means the
intentional discontinuation of gas or electric services to a
residential customer by an energy company due to the failure of the
customer to pay for such services.

(3)
"Service reconnections" means the reconnection of gas or
electric services by an energy company to a residential customer
whose service was discontinued by such company for nonpayment.

(B)

Annually,
on or before the thirtieth day of June, each
Each

energy
company shall file a
quarterly

written
report on service disconnections for nonpayment with the public
utilities commission and the consumers' counsel.
A
report shall be issued on or before the thirty-first day of March,
the thirtieth day of June, the thirtieth day of September, and the
thirty-first day of December each year.
The
report shall include the following information

by zip code

for the
twelve-month

preceding
quarterly
period

ending
on the preceding thirty-first day of May, by month
ending
on the date that the previous report was required to be issued
:

(1)
Total number of service disconnections for nonpayment and the total
dollar amount of unpaid bills represented by such disconnections;

(2)
Total number of final notices of actual disconnection issued for
service disconnections for nonpayment and the total dollar amount of
unpaid bills represented by such notices;

(3)
Total number of residential customer accounts in arrears by more than
sixty days and the total dollar amount of such arrearages;

(4)
Total number of security deposits received from residential customers
and the total dollar amount of such deposits;

(5)
Total number of service reconnections;

(6)
Total number of residential customers.

Sec.
4933.125.
(A)
As used in sections 4933.125 to 4933.1211:

(1)
"Certified nurse-midwife" has the same meaning as in
section 4723.01 of the Revised Code;

(2)
"Electric light company" means an electric light company
defined in section 4905.03 of the Revised Code that is a public
utility under section 4905.02 of the Revised Code;

(3)
"Gas company" means a gas company defined in section
4905.03 of the Revised Code that is a public utility under section
4905.02 of the Revised Code;

(4)
"Medical professional" means any of the following:

(a)
An individual authorized under Chapter 4731. of the Revised Code to
practice medicine and surgery, osteopathic medicine and surgery, or
podiatric medicine and surgery;

(b)
An individual licensed under Chapter 4730. of the Revised Code to
practice as a physician assistant;

(c)
A clinical nurse specialist or certified nurse practitioner as
defined in section 4723.01 of the Revised Code;

(d)
A physician appointed by a board of health as described in sections
3709.13 and 3709.14 of the Revised Code.

(5)
"Natural gas company" means a natural gas company under
section 4905.03 of the Revised Code that is a public utility under
section 4905.02 of the Revised Code.

(B)
No electric light company, gas company, or natural gas company,
except for safety reasons, shall cease to provide electricity to any
residential customer or stop gas from entering the premises of any
residential customer if any of the following are satisfied:

(1)
The customer's household is the residence of a child who is the age
of five years or younger, regardless of the child's relationship with
the customer;

(2)
The customer's household is the residence of a person who is the age
of sixty-five years or older;

(3)
The customer's household is the residence of a person with a
disability, provided that a medical professional has submitted
confirmation of the disability pursuant to section 4933.126 of the
Revised Code;

(4)
The customer's household is the residence of a person with an
illness, provided that a medical professional has submitted
confirmation of the illness pursuant to section 4933.126 of the
Revised Code;

(5)
The customer's household is the residence of a person who is
currently pregnant, provided that a medical professional or certified
nurse-midwife has submitted confirmation of the pregnancy pursuant to
section 4933.126 of the Revised Code;

(6)
Both of the following apply:

(a)
The customer's household income is at or below two hundred per cent
of the federal poverty level;

(b)
The customer submits proof of income not more than sixty days after
asserting the customer's household income using either a copy of the
customer's internal revenue system form 1040 or a benefit award
letter from one of the following:

(i)
Ohio works first;

(ii)
Supplemental security income;

(iii)
Percentage of income payment plan program;

(iv)
Home energy assistance program;

(v)
Supplemental nutrition assistance program;

(vi)
Publicly funded child care.

Sec.
4933.126.
(A)
Confirmation of a disability, illness, or current pregnancy required
by section 4933.125 of the Revised Code shall be submitted to the
electric light company, gas company, or natural gas company and
include all of the following:

(1)
The name of the person to be certified as being a person with a
disability, illness, or current pregnancy;

(2)
A statement that the person with a disability, illness, or current
pregnancy is a resident of the customer's household;

(3)
The name, business address, and telephone number of the person
providing the confirmation;

(4)
A statement that the person in the customer's household is a person
with a disability, illness, or current pregnancy.

(B)
Confirmation of a disability, illness, or current pregnancy required
by this section shall be provided in writing. Initial confirmation
may be provided by telephone, if written confirmation is submitted to
the company not later than thirty days after the telephone
confirmation is provided.

Sec.
4933.127.
A
residential customer who meets the requirements of division (B) of
section 4933.125 of the Revised Code shall be entered into a payment
plan for the customer's electric and gas usage that is provided by an
electric light company, gas company, or natural gas company in either
of the following amounts, whichever is lower:

(A)
Seven and one-half per cent of the customer's monthly net income;

(B)
One-twelfth of the combined amount of the customer's electric and gas
bills immediately prior to the customer's enrollment in the payment
plan created by this section.

Sec.
4933.128.
A
residential customer subject to the payment plan under section
4933.127 of the Revised Code shall not be financially responsible for
any costs of providing electric service or gas service exceeding the
customer's payment plan amount.

Sec.
4933.129.
An
electric light company, gas company, or natural gas company subject
to the prohibition under section 4933.125 of the Revised Code shall
comply with both of the following:

(A)
The company shall be financially responsible for all costs of
providing service to a residential customer described in division (B)
of section 4933.125 of the Revised Code, except for amounts owed by
the customer under a payment plan imposed under section 4933.127 of
the Revised Code.

(B)
The company shall not collect costs it is financially responsible for
under division (A) of this section from any customer through rates,
fares, tolls, rentals, charges, fees, rate mechanisms, or riders.

Sec.
4933.1210.
The
public utilities commission shall adopt rules to implement sections
4933.125 to 4933.129 of the Revised Code.

Sec.
4933.1211.
Notwithstanding
any provision of section 121.95 of the Revised Code to the contrary,
a regulatory restriction contained in a rule adopted under section
4933.1210 of the Revised Code is not subject to sections 121.95 to
121.953 of the Revised Code.

Section
2.
That
existing sections 4933.12, 4933.121, and 4933.123 of the Revised Code
are hereby repealed.