Bill Text: OH HB545 | 2013-2014 | 130th General Assembly | Introduced
Bill Title: Regarding master metering and submetering for public utility service to premises administered by a landlord, condominium unit owners association, or manufactured home park operator.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-19 - To Public Utilities [HB545 Detail]
Download: Ohio-2013-HB545-Introduced.html
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Representative Gonzales
| To enact sections 4781.401, 4934.01, 4934.02, | 1 |
| 4934.03, 4934.05, 4934.06, 4934.07, 4934.09, | 2 |
| 4934.11, 4934.13, 4934.15, 4934.17, 5311.082, and | 3 |
| 5321.061 of the Revised Code regarding master | 4 |
| metering and submetering for public utility | 5 |
| service to premises administered by a landlord, | 6 |
| condominium unit owners association, or | 7 |
| manufactured home park operator. | 8 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4781.401, 4934.01, 4934.02, 4934.03, | 9 |
| 4934.05, 4934.06, 4934.07, 4934.09, 4934.11, 4934.13, 4934.15, | 10 |
| 4934.17, 5311.082, and 5321.061 of the Revised Code be enacted to | 11 |
| read as follows: | 12 |
| Sec. 4781.401. A park operator shall comply with Chapter | 13 |
| 4934. of the Revised Code. | 14 |
| Sec. 4934.01. As used in this chapter: | 15 |
| (A) "Competitive retail electric service" has the same | 16 |
| meaning as in section 4928.01 of the Revised Code. | 17 |
| (B) "Competitive retail natural gas service" has the same | 18 |
| meaning as in section 4929.01 of the Revised Code. | 19 |
| (C) "Cooperative" means an entity that is owned and operated | 20 |
| exclusively by and solely for its customers to provide electric, | 21 |
| gas, water, or sewage disposal service and includes an electric | 22 |
| cooperative as defined in section 4928.01 of the Revised Code. | 23 |
| (D) "Dwelling unit," "landlord," and "tenant" have the same | 24 |
| meanings as in section 5321.01 of the Revised Code. | 25 |
| (E) "Electric light company," "gas company," and "natural gas | 26 |
| company" have the same meanings as in section 4905.03 of the | 27 |
| Revised Code. | 28 |
| (F) "Electric distribution utility" has the same meaning as | 29 |
| in section 4928.01 of the Revised Code. | 30 |
| (G) "Manufactured home" has the same meaning as in division | 31 |
| (C)(4) of section 3781.06 of the Revised Code. | 32 |
| (H) "Master meter" means a device that collectively measures | 33 |
| the public utility service provided to multiple residents, unit | 34 |
| owners, or tenants by a public utility and includes a master-meter | 35 |
| system as defined in section 4905.90 of the Revised Code, but | 36 |
| excludes a submeter. | 37 |
| (I) "Mobile home" has the same meaning as in section 4501.01 | 38 |
| of the Revised Code. | 39 |
| (J) "Park operator" and "resident" have the same meanings as | 40 |
| in section 4781.01 of the Revised Code. | 41 |
| (K) "Premises" means a dwelling unit, manufactured home, | 42 |
| mobile home, or unit. | 43 |
| (L) "Public utility" has the same meaning as in section | 44 |
| 4905.02 of the Revised Code. | 45 |
| (M) "Public utility service" includes service provided by an | 46 |
| electric light company, gas company, and natural gas company, but | 47 |
| excludes a municipal corporation and cooperative. | 48 |
| (N) "Submeter" means a device that measures only the amount | 49 |
| of public utility service provided to the premises of a resident, | 50 |
| unit owner, or tenant, but does not include a master meter or a | 51 |
| meter used for a resident, unit owner, or tenant who is a customer | 52 |
| of the public utility providing the service. | 53 |
| (O) "Unit," "unit owner," and "unit owners association" have | 54 |
| the same meanings as in section 5311.01 of the Revised Code. | 55 |
| Sec. 4934.02. Except as provided in section 4934.03 of the | 56 |
| Revised Code, all premises served by a public utility and | 57 |
| administered by a park operator, unit owners association, or | 58 |
| landlord, on and after the effective date of ...B... of the 130th | 59 |
| general assembly, including property converted to a condominium | 60 |
| property after that date, shall measure public utility service | 61 |
| provided to the premises through a public utility owned meter or | 62 |
| through a public utility owned master meter in conjunction with a | 63 |
| submeter. | 64 |
| Sec. 4934.03. For premises constructed before the effective | 65 |
| date of ...B... of the 130th general assembly, a park operator, | 66 |
| unit owners association, or landlord may measure, at their | 67 |
| election, public utility service provided to the premises of a | 68 |
| resident, unit owner, or tenant through a public utility owned | 69 |
| master meter in conjunction with a submeter. | 70 |
| Sec. 4934.05. A park operator, unit owners association, or | 71 |
| landlord that separately charges a resident, unit owner, or tenant | 72 |
| for public utility service through the use of a submeter shall not | 73 |
| charge the resident, unit owner, or tenant more than the | 74 |
| following: | 75 |
| (A) For electric service provided on a kilowatt-hour basis, | 76 |
| the standard service offer amount per kilowatt hour, including all | 77 |
| riders, customer fees, and other utility assessments, that | 78 |
| residential customers are charged on an annualized basis by the | 79 |
| electric distribution utility serving the area; | 80 |
| (B) For natural gas service provided on a cubic feet basis, | 81 |
| the amount per hundred cubic feet, including all riders, customer | 82 |
| fees, and other utility assessments, that residential customers | 83 |
| are charged on an annualized basis by the natural gas company | 84 |
| serving the area. | 85 |
| Sec. 4934.06. Instead of measuring public utility service as | 86 |
| described in section 4934.05 of the Revised Code, a park operator, | 87 |
| unit owners association, or landlord operating a system that uses | 88 |
| distributed generation, renewable energy resources, or alternative | 89 |
| generation to provide electric service to a resident, unit owner, | 90 |
| or tenant may establish, in a lease, rental agreement, or | 91 |
| association agreement and for the term of such lease or agreement, | 92 |
| a fixed price per kilowatt hour for electricity provided. Such | 93 |
| lease, rental agreement, or association agreement shall do the | 94 |
| following: | 95 |
| (A) Clearly state the fixed price that will be charged for | 96 |
| the public utility service; | 97 |
| (B) Charge no more per kilowatt hour of electricity than the | 98 |
| fixed price for the electric service. | 99 |
| Sec. 4934.07. (A) A park operator, unit owners association, | 100 |
| or landlord shall maintain adequate records detailing all submeter | 101 |
| measurements for separately charged public utility services | 102 |
| provided to the premises and the charges for the services. | 103 |
| (B) Upon reasonable prior request, a park operator, unit | 104 |
| owners association, or landlord shall make all records created | 105 |
| under this section available for inspection by the resident, unit | 106 |
| owner, or tenant during normal business hours and shall keep the | 107 |
| records for a minimum of three years after the termination of the | 108 |
| lease, rental agreement, or association agreement. | 109 |
| Sec. 4934.09. A park operator, unit owners association, and | 110 |
| landlord may prorate or allocate the costs for public utility | 111 |
| service that is provided to all common areas and for commonly used | 112 |
| equipment available for use by a resident, unit owner, or tenant. | 113 |
| If such costs are prorated or allocated among residents, unit | 114 |
| owners, or tenants, the park operator, unit owners association, or | 115 |
| landlord shall identify the amount of charges attributable to the | 116 |
| common areas and commonly used equipment as a separate line item | 117 |
| on the periodic statement or invoice for the public utility | 118 |
| services provided to residents, owners, or tenants. A written | 119 |
| description of the method used to prorate or calculate the | 120 |
| allocation of the cost shall be included in each lease, rental | 121 |
| agreement, or association agreement entered into with a tenant, | 122 |
| resident, or unit owner. | 123 |
| Sec. 4934.11. If a public utility service is provided and | 124 |
| separately billed to residents, unit owners, or tenants using | 125 |
| either method for pricing or charging for public utility service | 126 |
| under section 4934.05 or 4934.06 of the Revised Code, the park | 127 |
| operator, unit owners association, or landlord shall include the | 128 |
| following, as applicable, in each lease, rental agreement or | 129 |
| association agreement entered into with a resident, unit owner, or | 130 |
| tenant: | 131 |
| (A) A written statement detailing the full, annualized | 132 |
| standard service offer price of electric service supplied to | 133 |
| customers of the electric distribution utility serving the area at | 134 |
| the time the park operator, unit owners association, or landlord | 135 |
| entered into the lease, rental agreement, or association | 136 |
| agreement; | 137 |
| (B) A written statement detailing the full, annualized price | 138 |
| of natural gas service supplied to residential customers of the | 139 |
| natural gas company serving the area at the time the park | 140 |
| operator, unit owners association, or landlord entered into the | 141 |
| lease, rental agreement, or association agreement. | 142 |
| Sec. 4934.13. All submeters and master meters operating | 143 |
| under Chapter 4934. of the Revised Code shall meet the same | 144 |
| standards for meters established by the public utilities | 145 |
| commission under section 4905.28 of the Revised Code. | 146 |
| Sec. 4934.15. (A)(1) A park operator, unit owners | 147 |
| association, or landlord may terminate the service of | 148 |
| facilitating, through a submeter or otherwise, public utility | 149 |
| service for nonpayment of public utility service that is provided | 150 |
| under any of the pricing or charging methods in section 4934.05 or | 151 |
| 4935.06 of the Revised Code. Such termination shall be done in | 152 |
| accordance with all rules for terminating public utility service | 153 |
| for nonpayment established by the public utilities commission of | 154 |
| Ohio as such rules are applied to electric light companies or | 155 |
| natural gas companies. | 156 |
| (2) A unit owners association may terminate the service of | 157 |
| facilitating, through a submeter or otherwise, public utility | 158 |
| service in accordance with this section regardless of whether such | 159 |
| authority is specifically set forth in documents required by | 160 |
| section 5311.05 or 5311.26 of the Revised Code. | 161 |
| (B) Termination of the service of facilitating, through a | 162 |
| submeter or otherwise, public utility service pursuant to this | 163 |
| section is not constructive eviction in violation of Chapter 1923. | 164 |
| or 5321. of the Revised Code. | 165 |
| Sec. 4934.17. (A) A park operator or landlord that elects to | 166 |
| terminate the service of facilitating, through a submeter or | 167 |
| otherwise, public utility service for a resident or tenant | 168 |
| pursuant to section 4934.15 of the Revised Code waives the right | 169 |
| to evict the tenant or resident for failure to make timely payment | 170 |
| for public utility service pursuant to Chapter 1923. of the | 171 |
| Revised Code. | 172 |
| (B) A park operator or landlord that elects to terminate the | 173 |
| service of facilitating, through a submeter or otherwise, public | 174 |
| utility service for a resident or tenant pursuant to section | 175 |
| 4934.15 of the Revised Code does not waive or diminish the park | 176 |
| operator's or landlord's right to seek eviction for violations of | 177 |
| any other provision of a lease or rental agreement. | 178 |
| Sec. 5311.082. A unit owners association shall comply with | 179 |
| Chapter 4934. of the Revised Code. | 180 |
| Sec. 5321.061. A landlord shall comply with Chapter 4934. of | 181 |
| the Revised Code. | 182 |
