Bill Text: OH HB51 | 2011-2012 | 129th General Assembly | Introduced
Bill Title: To require a municipal utility supplying surplus electricity to nonresidents to provide written notice of termination one year before terminating the service.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-01-26 - To Public Utilities [HB51 Detail]
Download: Ohio-2011-HB51-Introduced.html
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Representative Snitchler
Cosponsors:
Representatives Schuring, Blessing
| To enact section 743.50 of the Revised Code to | 1 |
| require a municipal utility supplying surplus | 2 |
| electricity to nonresidents to provide written | 3 |
| notice of termination one year before terminating | 4 |
| the service. | 5 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That section 743.50 of the Revised Code be enacted | 6 |
| to read as follows: | 7 |
| Sec. 743.50. If the auditor of state has determined that a | 8 |
| municipal corporation is supplying to nonresidents more than fifty | 9 |
| per cent of the total electrical service supplied by the municipal | 10 |
| corporation within the municipal corporation, and if the municipal | 11 |
| corporation intends to discontinue service to a nonresident for | 12 |
| the purpose of complying with the limitation of Section 6 of | 13 |
| Article XVIII, Ohio Constitution, the municipal corporation shall | 14 |
| provide written notice to the nonresident that the service will be | 15 |
| terminated not less than one year before the date service will be | 16 |
| terminated. For not less than one year after such notice has been | 17 |
| provided, the municipal corporation shall continue to supply to | 18 |
| the nonresident electricity and any other utility service that it | 19 |
| supplied to the nonresident on the date of the notice under the | 20 |
| same terms the service was supplied on that date, except as | 21 |
| follows: | 22 |
| (A) Service may be terminated before the end of the one-year | 23 |
| period if service is terminated to residents. | 24 |
| (B) Charges assessed for providing the service to the | 25 |
| nonresident may be increased by a percentage that does not exceed | 26 |
| the percentage by which such charges to residents increased. | 27 |
| If a municipal corporation to which this section applies | 28 |
| terminates service to a nonresident after the one-year notice | 29 |
| period has expired, the municipal corporation, the nonresident, | 30 |
| and the public utility supplying electricity to the nonresident | 31 |
| each shall be responsible for one-third of the reasonable costs | 32 |
| incurred by the nonresident or public utility in establishing new | 33 |
| electricity service, unless the municipal corporation also | 34 |
| terminates service to residents. If the municipal corporation does | 35 |
| not terminate service to the nonresident after the one-year notice | 36 |
| period has expired, it shall continue to supply electricity to the | 37 |
| nonresident under the same terms as the service was supplied on | 38 |
| the date of the notice, except as provided in divisions (A) and | 39 |
| (B) of this section. | 40 |
| A person aggrieved by a municipal corporation's or public | 41 |
| utility's failure to comply with this section may bring an action | 42 |
| for damages and injunctive relief against the municipal | 43 |
| corporation or public utility in the court of common pleas of the | 44 |
| county in which the municipal corporation or public utility has | 45 |
| territory. | 46 |
