HB 173 — Regards entities providing behind-the-meter utility services

71(B)(1) (vi)"Public Resaleutility" ofincludes electricitya tofor-hire amotor condominiumcarrier byeven aif unitthe 72carrier ownersis associationoperated orin theconnection association'swith agentan thatentity isdescribed basedin ondivision 73(A)(1), metered(2), consumption.(4), or (5) of this section.

74(2) Sub.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:

H.(a) Chapter 4923.

B.

No.

173 Page 4 As Passed by the House (7) Billing service for the resale of water service to a 75 tenant's dwelling unit by a landlord or the landlord's agent, or 76 to a condominium by a unit owners association or the 77 association's agent, that is based on metered consumption and 78 that is delivered at a point after water service is delivered to 79 the public utility's metered point of delivery for that service 80 at that location.

81 (B)(1) "Public utility" includes a for-hire motor carrier 82 even if the carrier is operated in connection with an entity 83 described in division (A)(1), (2), (4), or (5) of this section.

84 (2) Division (A) of this section shall not be construed to 85 relieve a private motor carrier, operated in connection with an 86 entity described in division (A)(1), (2), (4), or (5) of this 87 section, from compliance with either of the following:

88 (a) Chapter 4923.

89 (b) Rules governing unified carrier registration adopted 90 under section 4921.11 of the Revised Code.

91 (C) As used in this section:

92 (1) "Condominium" and "unit owners association" have the 93 same meanings as in section 5311.01 of the Revised Code.

94 (2) "Dwelling unit," "landlord," and "tenant" have the 95 same meanings as in section 5321.01 of the Revised Code.

96 Sec.

4911.22.4905.10.

(A) AsFor usedthe 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 section: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 Sub.

97 (1) "Submetered utility service" has the same meaning as 98 in section 4905.02 of the Revised Code.

99 (2) "Tenant" has the same meaning as in section 5321.01 of 100 the Revised Code.

101 Sub.

173 Page136th 5G.A. As Passed by the House (B) The consumers' counsel shall maintain a list of 102 billing assistance programs that may be available to a tenant 103 who receives submetered utility service on the consumers' 104 counsel's web site.

105from Sec.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.

4933.51.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.

AsIn usedaddition into sectionswhatever 4933.51penalties apply under the Revised Code to 4933.68such underreporting, the commission shall assess the railroad or public utility interest at the rate stated in division (A) of 106section 1343.01 of the Revised Code:Code.

107The (A)commission "Dwellingshall unit,"deposit "landlord,"any andinterest "tenant"so havecollected theinto 108 same meanings as in section 5321.01 of the Revisedpublic Code.utilities fund.

109The (B)commission "Electricmay lightexclude company"from hasthat thefirst samecomputation meaningany assuch inamounts 110that sectionwere 4905.03overreported ofin thea Revisedprior Code.year.

111The (C)final "Electriccomputation utility"of hasthe assessment shall consist of imposing upon each railroad and public utility whose assessment under the samefirst meaningcomputation aswould 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 sectioneach 112fiscal 4928.01year less the total amount to be recovered from those paying the minimum assessment, in proportion to the intrastate gross earnings or receipts of the Revisedremaining Code.railroads and public utilities for the calendar year next preceding that in which the assessments are made.

113In (D)the "Faircase marketof value"an meansassessment based on intrastate gross receipts under this section against a valuepublic determinedutility bythat 114is consideringan theelectric age,utility condition,as pricedefined in section 4928.01 of similarthe assetsRevised Code, or an electric services company, electric cooperative, or governmental aggregator subject to certification under section 4928.08 of the 115Revised sameCode, agesuch andreceipts useshall be those specified in the market,utility's, andcompany's, cooperative's, or aggregator's most recent salereport pricesof intrastate gross receipts and 116sales expertof appraisals.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.

117In (E)the "Publiccase utility"of means an electricassessment lightbased company,on 118intrastate gross receipts under this section against a retail natural gas company,supplier or water-worksgovernmental companyaggregator assubject definedto incertification 119under section 4905.034929.20 of the Revised CodeCode, thatsuch isreceipts ashall publicbe utilitythose asspecified 120in definedthe insupplier'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 4905.024929.23 of the Revised Code.Code, and verified by the commission.

121However, (F)no "Qualifiedsuch low-incomeretail building"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 samebase meaningrates 122of 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 175.164929.01 of the Revised Code.Code, in the base rates paid by those customers of the company that do not purchase that service from the natural gas company.

123In (G)the "Submeteredcase utilityof service"an hasassessment thebased sameon meaningintrastate asgross 124receipts inunder this section 4905.02against ofa thesubmetered Revisedutility Code.service provider, such receipts shall be limited to receipts for submetered utility service.

125 (H)(1) "Submetered utility service provider" means, 126 subject to division (H)(2) of this section, a person, business, 127 or other entity that, either on its own behalf or under a 128 contract with a property owner, provides, constructs, or 129 Sub.

173 Page136th 6G.A. As Passed by the House installs for customers submetered utility service.

130(B) (2)Through Incalendar theyear case2005, of resale of electricity to a tenant based 131 on meteredor consumptionbefore at the tenant'sfirst dwellingday unit,of theOctober 132in submeteredeach utilityyear, servicethe providercommission isshall thenotify mastereach metersuch accountrailroad 133and holder,public orutility customer of record, with the publicsum utilityassessed 134against deliveringit, servicewhereupon topayment theshall premises,be exceptmade to the extentcommission, thatwhich 135shall suchdeposit accountit holderinto orthe customerstate oftreasury recordto is a landlord who has 136 assigned responsibility for compliance with some or all of the 137credit requirements of sections 4933.55 to 4933.59 of the Revisedpublic Codeutilities 138fund, towhich ais thirdhereby partycreated. by contract.

TheBeginning thirdin partycalendar thatyear assumed2006, 139on responsibilityor forbefore compliancethe withfifteenth someday orof allMay ofin each year, the 140commission requirementsshall ofnotify sectionseach 4933.55railroad toand 4933.59public ofutility thethat Revisedhad Codea 141sum isassessed against it for the submeteredcurrent utilityfiscal serviceyear providerof more than one thousand dollars that fifty per cent of that amount shall be paid to the extentcommission by the twentieth day of June of that 142year as an initial payment of the thirdassessment partyagainst hasthe assumedcompany suchfor responsibility.the next fiscal year.

143On Sec.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.

4933.52.The commission shall deduct from the assessment for each railroad or public utility any initial payment received.

(A)Payment Except for reasons of safety or 144 reliability, the publicassessment utilities commission shall notbe adoptmade any 145 rule that permits a public utility to set the locationcommission of,by orthe 146first refuseday toof relocate,November any of its meters so that theyear. meter's 147 location prevents either of the following:

148The (1)commission Ashall submetereddeposit utilitythe servicepayments providerreceived frominto providing, 149 constructing, or installing submetered utility service at a 150 point after the publicstate utilitytreasury service is delivered to the 151credit public utility's metered point of deliverythe atpublic thatutilities location;fund.

152Any (2)such Aamounts billingpaid serviceinto describedthe infund divisionbut (A)(7)not ofexpended 153by sectionthe 4905.02commission ofshall thebe Revisedcredited Coderatably, after first deducting any deficits accumulated from providingprior theyears, billingby 154the servicecommission forto waterrailroads serviceand atpublic autilities pointthat afterpay watermore servicethan isthe 155minimum deliveredassessment, according to the publicrespective utility'sportions meteredof pointsuch ofsum deliveryassessable foragainst 156them thatfor servicethe atensuing thatfiscal location.year.

157The (B)assessments Except for reasonssuch offiscal safetyyear orshall reliability,be noreduced publiccorrespondingly. 158 Sub.

(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 Sub.

173 Page136th 7G.A. As Passed by the House utility shall set the location of, or refuse to relocate, any of 159 its meters so that the meter's location prevents either of the 160 following:

161of (1)the ARevised submeteredCode, utilityto servicethe providerextent fromof providing,the 162supplier's constructing, or installingaggregator's submeteredengagement utilityin servicethe atbusiness aof 163supplying pointor afterarranging for the publicsupply utilityin servicethis isstate deliveredof toany thecompetitive 164retail publicnatural utility'sgas meteredservice pointfor ofwhich deliveryit atmust thatbe location;certified;

165(3) (2) A billingsubmetered serviceutility described in division (A)(7) of 166 section 4905.02 of the Revised Code from providing the billing 167 service forprovider. water service at a point after water service is 168 delivered to the public utility's metered point of delivery for 169 that service at that location.

170(E) Sec.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.

4933.53.(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.

(A)Sec. Except for reasons of safety or 171 reliability, if a public utility customer requests an alteration 172 in the location, character, or metering of the customer's 173 service from a public utility where the alteration would render 174 certain personal property or equipment of the utility as no 175 longer used and useful in providing utility service to the 176 customer's real property, the utility shall offer to sell such 177 personal property or equipment to the utility customer for any 178 purpose, including for use in providing submetered utility 179 service and to ensure certainty of ownership of the personal 180 property or equipment following the change in service, if both 181 of the following are met:

1824933.51. (1) The personal property or equipment is located 183 exclusively within the boundaries of the customer's real 184 property;

185As (2) The personal property or equipment was used 186in exclusivelysections 4933.51 to provide4933.66 utilityof service to the property.Revised Code:

187(A) Sub."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 Sub.

173 Page136th 8G.A. As Passed by the House (B) The public utility shall price the personal property 188 or equipment offered for sale to a customer pursuant to this 189 section as the amount of the fair market value of the property 190 or equipment, as the value of such property or equipment would 191 be represented in a ratemaking proceeding before the public 192 utilities commission.

193defined (C)in Thesection public5705.01 utilityof shallthe recordRevised Code, of the proceedsproperty fromwhere athe 194building saleis pursuantlocated toduring thisthe sectiontax asyear ain regulatorywhich liability.the repair or improvement is completed.

195 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.

Each electric utility shall maintain up-to-up-to-date 196 date reference tools on the utility's web site, or in another 197 conspicuous and publicly accessible location, that permit 198 automatic calculation of what the electric utility would charge 199 its residential customers with a specific kilowatt-hour usage 200 during any of the most recent twelve months.

201 Sec.

NoA submetered utility service provider that 202 resells electricity to a tenant based on metered consumption at 203 the tenant's dwelling unit mayshall chargeprovide the tenant morea thandiscount resulting in the 204tenant's bill being at least three per cent less than the bill for the standard service offer and all tariffed charges and 205 riders that the electric lightutility, company, in whose certified 206 territory the dwelling unit is located, would charge its 207 residential customers for electric service.

208 Sec.

4933.56.4933.552.

AOn submeteredand utilityafter service provider that 209 resells electricity to a tenant based on metered consumption at 210 the tenant'seffective dwellingdate unit shall do all of thethis following:section:

211 (A) RegisterNo withsubmetered theutility publicservice utilitiesprovider commissionshall everyconvert 212a twobuilding yearsthat andreceives complyelectric withservice thefrom rulesan adoptedelectric pursuantutility to sectionreceive 213submetered 4933.59utility ofservice, unless the Revisedsubmetered Code.utility service provider begins installing submetered utility service equipment within one year after a substantial improvement to the building is completed.

Registration(B) underA thissubmetered divisionutility 214service shallprovider includemay onlysupply thesubmetered provider'sutility name,service businessto address,a 215building telephonethat number,does regulatorynot contact,receive theelectric typeservice offrom servicesan 216electric Sub.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.

Sub.

173 Page136th 9G.A. As Passed by the House offered by the provider, and evidence of the managerial, 217 financial, and technical capabilities to offer such services.

218Sec. (B) At a minimum, comply with the requirements for the 219 disconnection of electric service established in sections 220 4933.121 to 4933.123 of the Revised Code and the rules adopted 221 pursuant to those sections, as applicable;

2224933.554. (C) Provide a separate disclosure and a report of historic 223 monthly usage and corresponding billed amounts for metered 224 electricity to each tenant's dwelling unit for the preceding 225 twelve months, if applicable, to its tenants solely for purposes 226 of compliance with the pricing requirements under section 227 4933.55 of the Revised Code;

228(A) (D)The Disclosecost itsof processelectricity andfor procedureselectric forvehicle thecharging 229stations disconnectionlocated 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 serviceutility toor itsa tenants;submetered utility service provider.

230(B) (E)Electric Providevehicle noticecharging ofstation thecosts listshall ofbe billingbilled assistanceexclusively 231on programsan thatas-used isbasis, requireddirectly pursuant to section 4911.22 of the 232 Revised Code to a tenant thator receivesvehicle submeteredowner utilitywho 233used service from the providercharging atstation bothduring of the followingapplicable times:billing period.

234(C) (1)This Uponsection theapplies tenant'sto requestboth for submetered utility 235 service billproviders assistance;and landlords, regardless of whether the property is subject to submetered utility service.

236(D) (2)No Atlandlord leastor annuallysubmetered inutility service provider shall recover the standardcost communicationof formatelectric 237vehicle usedcharging bystation theinfrastructure, providermaintenance, or landlordoperation tothrough providecommon informationarea tocharges 238assessed tenants.against tenants who do not use such charging stations.

239Sec. (F) Offer an alternative payment plan option to a tenant 240 that receives submetered utility service from the provider;

2414933.555. (G) Accept a payment from the home energy assistance 242 program when the account holder qualifies for the home energy 243 assistance program;

244(A) Sub.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 Sub.

173 Page136th 10G.A. As Passed by the House (H) Ensure that each bill issued by the provider for 245 submetered utility service complies with all of the following:

246billed (1)amounts Listsfor metered electricity to each chargetenant's ordwelling feeunit for submeteredthe utilitypreceding 247twelve servicemonths, inif aapplicable, separateto andits distincttenants mannersolely thatfor allowspurposes of compliance with the tenantpricing 248requirements tounder understandsection each4933.55 chargeof orthe fee;Revised Code;

249(D) (2)Disclose Listsits eachprocess commonand areaprocedures charge or fee, including each 250 common area charge or fee for centralthe systemsdisconnection airof conditioning,electric 251service heating, and hot water, in a separate and distinct manner that 252 allows the tenant to understandits eachtenants; common area charge or fee;

253(E) (3)Offer Clearlyan statesalternative thepayment tenant'splan actualoption orto estimated 254 metered electricity usage in kilowatt hours, or other standard 255 measure, in a mannertenant that allowsreceives thesubmetered tenantutility toservice effectivelyfrom use 256 the referenceprovider; tools required by section 4933.54 of the Revised 257 Code.

258(F) Sec.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.

(A) Prior to the effective date of the rules 259 adopted to implement section 4933.58 of the Revised Code, a 260 submetered utility service provider that resells electricity to 261 a tenant based on metered consumption at the tenant's dwelling 262 unit at a property or community with more than fifty dwelling 263 units shall file an interim compliance plan for approval with 264 the public utilities commission for each property or community 265 with more than fifty dwelling units at which submetered utility 266 service is provided to tenants by either of the following dates, 267 whichever is later:

268 (1) Not more than ninety days after the commission adopts 269 rules to implement this section;

270 (2) Prior to the date that the provider initiates 271 providing submetered utility service at the property or 272community. community, whichever is later.

273(B) Sub.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 Sub.

173 Page136th 11G.A. As Passed by the House (B) The commission shall approve an interim compliance 274 plan filing that does all of the following:

275section (1)4933.55 Includes the provider's name, business address, 276 telephone number, regulatory contact, and the type of services 277 offered by the providerRevised atCode; the community or property;

278(3) (2) Describes thehow methods by which the provider intends to 279 ensure that any bills to tenants at the property or community 280 comply with the pricingelectric requirementsservice fordisconnection thestandards resaleimposed ofby 281 electricity under section 4933.554933.56 of the Revised Code;

282(4) (3)If Describesmore howthan theone submetered utility service provider intendsprovides tosubmetered complyutility service at a single property or community with more than fifty dwelling units, or if more than one party is responsible for the 283compliance electricplan serviceitems disconnectiondescribed standardsin imposedthis bysection, sectionsets 284forth 4933.56the responsibilities of each provider for each of the Revisedinterim Code;compliance plan items described in this section.

285(C) (4)The If more than one submetered utility service provider 286shall providesadhere submeteredto utilitythe serviceinterim atcompliance aplan singlethat property or 287 community with more than fifty dwelling units, or if more than 288 one party is responsibleapproved forby the compliancecommission planuntil items described 289 in this section, sets forth the responsibilitiesplan ofis eachterminated, 290unless providerotherwise fordirected eachby of the interimcommission. compliance plan items described 291 in this section.

292(D) (C)An Theinterim providercompliance shallplan adherefor toa theproperty interimor compliancecommunity 293approved planby thatthe iscommission approvedterminates byupon the commission untilapproving thea compliance plan isunder 294section terminated,4933.58 unlessof otherwisethe directedRevised byCode for the commission.same property or community.

295 (D) An interim compliance plan forcontinues auntil propertyterminated orpursuant communityto 296this approveddivision byor theterminated commissionby terminates upon the commissioncommission. 297 approving a compliance plan under section 4933.58 of the Revised 298 Code for the same property or community.

An(E) The requirement that a provider file an interim compliance 299 plan continuesunder untilthis terminatedsection pursuantterminates toupon thisthe divisioneffective ordate 300of terminatedrules byto implement section 4933.58 of the commission.Revised Code.

301Sec. (E) The requirement that a provider file an interim 302 Sub.

H.

B.

No.

173 Page 12 As Passed by the House compliance plan under this section terminates upon the effective 303 date of rules to implement section 4933.58 of the Revised Code.

304 Sec.

(A) A submetered utility service provider 305 that resells electricity to a tenant based on metered 306 consumption at the tenant's dwelling unit at a property or 307 community with more than fifty dwelling units shall file a 308 compliance plan for approval with the public utilities 309 commission for each property or community with more than fifty 310 dwelling units at which submetered utility service is provided 311 to tenants by either of the following dates, whichever is later:

312 (1) Not more than ninety days after the commission adopts 313 rules to implement this section;

314 (2) Prior to the date that the provider initiates 315 providing submetered utility service at the property or 316 community.

317 (B) The commission shallmay approve a compliance plan filing 318 that does all of the following:

319 (1) Describes the means by which the provider will ensure 320 compliance with sections 4933.56 and 4933.59 of the Revised Code 321 at the property or community, as applicable;

322 (2) Includes the provider's name, business address, 323 telephone number, regulatory contact, and the type of services 324 offered by the provider at the community or property;

325 (3) Describes the methods by which the provider intends to 326 ensure that any bills to tenants at the property or community 327 comply with the pricing requirements for the resale of 328 electricity under section 4933.55 of the Revised Code;

329 (4) Describes how the provider intends to comply with the 330electric Sub.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 Sub.

173 Page136th 13G.A. As Passed by the House electric service disconnection standards imposed by section 331 4933.56 of the Revised Code;

332owners (5) Includes a copy of which the languageapplicant included,is oraware toas be 333 included, in each tenant's lease relating to submetered electric 334 service that complies with division (C) of thisthe section,date as 335 applicable, and section 5321.04 of the Revisedapplication Code;is submitted;

336(7) (6)If Formore than one submetered utility service providedprovider provides submetered utility service at a single property or intendedcommunity towith 337more bethan providedfifty todwelling aunits, qualifiedor low-incomeif building,more disclosesthan anyone 338party utilityis assistanceresponsible programsfor availablethe tocompliance tenantsplan oritems condominiumdescribed 339in ownersthis ofsection, whichsets forth the applicantresponsibilities isof awareeach asprovider for each of the datecompliance theplan 340items applicationdescribed isin submitted;this section;

341(8) (7)Discloses If more than one submetered utility service provider 342 provides submetered utility service at a single property or 343 community with more than fifty dwelling units, or if more than 344 one party is responsible for the compliancestandard plancommunication itemsformat describedused 345by in this section, sets forth the responsibilities of each 346 provider foror eachlandlord ofto theprovide complianceinformation planto itemstenants; described in this 347 section;

348(9) (8)Provide Disclosesa description of the standardalternative communicationpayment formatplan usedrequired by 349section the4933.56 providerof orthe landlordRevised toCode. provide information to tenants;

350(C) (9)To Providethe extent that a descriptionlandlord of a property or community with more than fifty dwelling units is not the alternativesubmetered paymentutility planservice 351provider, requiredthe bylandlord sectionshall 4933.56separately ofcontribute to or attest to the Revisedlanguage Code.included, or to be included, in each tenant's lease relating to submetered utility service.

352(D) (C)The Toprovider theshall extentadhere thatto athe landlordcompliance ofplan athat property or 353 community with more than fifty dwelling units is notapproved theby 354 submetered utility service provider, the landlordcommission, shallunless 355otherwise separatelydirected contributeby to or attest to the languagecommission. included, or 356 to be included, in each tenant's lease relating to submetered 357 electric service.

358(E) (D) The providercompliance plan shall adherebe toupdated theupon complianceany planmaterial thatchange 359to Sub.the information contained therein.

H.Sec.

B.

No.

173 Page 14 As Passed by the House is approved by the commission, unless otherwise directed by the 360 commission.

361 (E) The compliance plan shall be updated from time to time 362 upon any material change to the information contained therein.

363 Sec.

(A) Not later than one year after the 364 effective date of this section, the public utilities commission 365 shall adopt rules to implementdo sectionsall 4933.56 and 4933.58 of 366 the Revisedfollowing: Code.

367(1) (B)Implement Thesections commission4933.56 shalland adopt4933.58 rules to implement section 368 4933.57 of the Revised CodeCode; not more than one hundred eighty 369 days after the effective date of this section.

370(2) (C)Establish Theminimum commission may require submetered utility service 371requirements providersfor that provide submetered utility service to residential 372 end users other than providers thatwith resellrespect electricity to ametering, 373outages tenantand basedaccident onreports, meteredand consumptioncustomer atbilling the tenant's dwelling 374 unit to register every two years and topayments complyas withif anythe 375providers applicablewere registrationelectric requirements.utilities;

376(3) (D)Establish Rulesprocedures adoptedfor undercustomer thiscomplaint section, including any 377 requirements regarding classifications, procedures, terms, and 378complaint conditions,handling shallfor be reasonable and shall not confer any undue 379 economic, competitive, or market advantage or preference upon 380 any electric light company, submetered utility service provider,providers 381as orif competitivethe retailproviders were electric serviceutilities; provider.

382(4) (E)Establish Therequirements commissionfor may charge submetered utility service 383 providers agoverning registrationretention processing fee of notrecords moreand thanproduction oneof 384such thousandrecords dollarsin perresponse initialto andrequests eachby subsequentcommission biennialstaff. 385 registration.

(B) The commission shall useadopt allrules amountsto collectedimplement 386section under4933.57 thisof divisionthe toRevised payCode costsnot relatedmore tothan theone implementationhundred 387eighty ofdays sectionsafter 4933.51the toeffective 4933.68date of thethis Revisedsection. Code.

388(C) Sub.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 Sub.

173 Page136th 15G.A. As Passed by the House (F) Notwithstanding any provision of section 121.95 of the 389 Revised Code to the contrary, a regulatory restriction contained 390 in rules adopted under sections 4933.51 to 4933.68 of the 391 Revised Code is not subject to sections 121.95 to 121.953 of the 392 Revised Code.

393utility Sec.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.

(A) The public utilities commission shall 394 approve or issue a notice of deficiency in accordance with 395 division (B)(2) of this section relating to any of the following 396 not more than thirty days after receipt from a submetered 397 utility service provider at a property or community with more 398 than fifty dwelling units:

399 (1) A registration application required under section 400 4933.56 or 4933.59 of the Revised Code;

401 (2) An interim compliance plan filing required under 402 section 4933.57 of the Revised Code;

403 (3) A compliance plan filing required under section 404 4933.58 of the Revised Code.

405 (B)(1) The commission shallmay approve a provider's 406 application or filing described in this section if the 407 application or filing complies with all requirements under 408 sections 4933.56 to 4933.59 of the Revised Code, as applicable.

409 (2) If a provider's application or filing described in 410 this section does not comply with some or all of the 411 requirements under sections 4933.56 to 4933.59 of the Revised 412 Code, the commission shall notify the provider by using a notice 413 of deficiency setting forth the manner of noncompliance in terms 414 sufficiently specific to permit the provider to remedy the 415 noncompliance.

Upon a provider's amendment of an application or 416 filing following a notice of deficiency, the commission shall 417approve Sub.or deny the provider's amended application or filing within ninety days of receipt.

H.(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.

B.(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.

No.Sec.

173 Page 16 As Passed by the House approve or deny the provider's amended application or filing 418 within thirty days of receipt.

419 (C) If the commission denies a provider's amended 420 application or filing as described in this section, the 421 commission shall notify the provider of the reason for such 422 denial.

423 (D) Any application or filing described in this section 424 that is not approved or for which a notice of deficiency is not 425 submitted within ninety days is deemed approved by operation of 426 law.

427 Sec.

4933.61.

Notwithstanding any provision of sections 428 4933.51 to 4933.68 of the Revised Code to the contrary, the 429 public utilities commission may temporarily modify or waive any 430 or all of the requirements of sections 4933.56, 4933.58, and 431 4933.59 of the Revised Code for a period not exceeding sixty 432 days to account for changes in technology, law, or for the 433 emergence of factors or circumstances affecting a party's 434 compliance with those sections, which factors are beyond that 435 party's control or which could not be reasonably anticipated by 436 that party.

437 Sec.

(A) UnlessNo waived under section 4933.61 of 438 the Revised Code, no submetered utility service provider shall 439 provide a submetered utility service to a consumer in this state 440 without first being registered with the public utilities 441 commission, to the extent registration is required under 442 sections 4933.56 and 4933.59 of the Revised Code.

443 (B) Beginning one hundred twenty days after the effective 444 date of rules adopted to implement section 4933.57 of the 445 Revised Code and terminating upon the effective date of rules to 446implement Sub.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 Sub.

173 Page136th 17G.A. As Passed by the House implement section 4933.58 of the Revised Code, no submetered 447 utility service provider that resells electricity to a tenant 448 based on metered consumption at the tenant's dwelling unit at a 449 property or community with more than fifty dwelling units shall 450 provide a submetered utility service to a consumer in this state 451 without an approved interim compliance plan under section 452 4933.57 of the Revised Code.

453 (C) Beginning one hundred twenty days after the effective 454 date of rules adopted to implement section 4933.58 of the 455 Revised Code, unless waived under section 4933.61 of the Revised 456 Code, no submetered utility service provider that resells 457 electricity to a tenant based on metered consumption at the 458 tenant's dwelling unit at a property or community with more than 459 fifty dwelling units shall provide a submetered utility service 460 to a consumer in this state without an approved compliance plan 461 under section 4933.58 of the Revised Code.

462 Sec.

4933.63.

(A) The public utilities commission shall 463 receive and use reasonable diligence to investigate any reports 464 or information regarding a possible failure to comply with, or a 465 violation of, the requirements of sections 4933.55 to 4933.59 of 466 the Revised Code.

467 (B) The commission may review any of the following in 468 response to a report or information received under this section:

469 (1) A submetered utility service provider's or landlord's 470 relevant billing practices;

471 (2) A submetered utility service provider's or landlord's 472 billing history;

473 (3) A submetered utility service provider's or landlord's 474 leases;

475 Sub.

H.

B.

No.

173 Page 18 As Passed by the House (4) Any other relevant documentation and information as 476 the commission deems appropriate.

477 (C) Any portion of materials reviewed by the commission 478 under this section that contain personally identifiable 479 information, including banking or information which could be 480 used to commit identity theft, shall be treated as confidential.

481 (D) If a review is initiated under this section as a 482 result of a report or information from a tenant receiving 483 submetered utility service, the commission shall report its 484 conclusions and the results of the review to the tenant not more 485 than one hundred eighty days after receipt of the report or 486 information.

487 (E) Any submetered utility service provider that fails to 488 cooperate with a review under this section in good faith may, at 489 the commission's discretion, be determined liable for a 490 violation or failure to comply with sections 4933.55 to 4933.59 491 of the Revised Code and may be assessed any penalties under 492 section 4933.65 of the Revised Code.

493 Sec.

4933.64.

(A) Any person, firm, or corporation, or the 494 public utilities commission upon its initiative, may file a 495 written complaint against either of the following:

496 (1) Any submetered utility service provider for a failure 497 to comply with, or a violation of, the requirements under 498 sections 4933.55 to 4933.59 of the Revised Code;

499 (2) Any landlord who is not a submetered utility service 500 provider for a failure to comply with division (C) of section 501 4933.58 of the Revised Code.

502 (B) If it appears that reasonable grounds for complaint 503 are stated after a preliminary investigation, the commission 504 Sub.

H.

B.

No.

173 Page 19 As Passed by the House shall provide notice of probable noncompliance to the submetered 505 utility service provider or landlord and grant the provider or 506 landlord sixty days, or longer at the commission's discretion, 507 to cure the noncompliance.

If such noncompliance is not cured 508 during the cure period, the commission may open a formal 509 investigation of the complaint.

510 (C) The commission may, after a formal investigation under 511 this section, provide reasonable notice and the opportunity for 512 a hearing to the provider or landlord subject to the 513 investigation.

After such notice and opportunity for a hearing, 514 if the commission determines by a preponderance of the evidence 515 that the provider or landlord committed the violation or failure 516 to comply described in the complaint, the commission may issue 517 an order to assess any penalties described in section 4933.65 or 518 4933.66 of the Revised Code, as applicable.

519 (D) The parties to a formal investigation under this 520 section shall be entitled to be heard, represented by counsel, 521 and to have a process to enforce the attendance of witnesses.

522 (E) Nothing in this section prohibits a provider or 523 landlord from resolving any failure to comply with, or a 524 violation of, the requirements under sections 4933.55 to 4933.59 525 of the Revised Code prior to commission action.

526 Sec.

(A) Any submetered utility service provider 527 that is found to have violated or failed to comply with the 528 requirements under sections 4933.55 to 4933.59 of the Revised 529 Code, after reasonable notice and opportunity for a hearing 530 under section 4933.64 of the Revised Code, or if division (E) of 531 section 4933.63 of the Revised Code applies, except as provided 532 in division (B) of this section, may be assessed, or have any or 533 all of the following penalties imposed, at the discretion of the 534public Sub.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, Sub.

173 Page136th 20G.A. As Passed by the House public utilities commission:

535and (1)an Aaction forfeiturefor recovery of not more than one hundreddoes dollarsnot forbar 536the eachrecovery violationof oranother. compliance failure per impacted dwelling unit.

537Except Foras purposesprovided ofin a forfeiture under division (A)(1)(C) of this 538 section, eachforfeitures daycollected thatunder athis providersection violatesshall orbe failscredited to comply 539 with sections 4933.55 to 4933.59 of the Revisedgeneral Coderevenue isfund. a 540 separate violation or compliance failure for each violation or 541 compliance failure.

542Sec. (2) A forfeiture of ten thousand dollars if the submetered 543 utility service provider is found to have violated or failed to 544 comply with division (C) of section 4933.62 of the Revised Code.

545 A forfeiture under division (A)(2) of this section may be in 546 addition to a forfeiture under division (A)(1) of this section.

547 (3) Revocation, vacation, or nullification of the 548 provider's registration under section 4933.56 of the Revised 549 Code and issuance of an order and entry of the order in the 550 journal of the commission barring such provider from providing 551 submetered utility service in this state for not more than two 552 years.

553 (B) The commission shall grant the provider that is 554 assessed, or on whom is imposed, one or more penalties under 555 this section sixty days, or longer at the commission's 556 discretion, to cure the violation or failure to comply.

If such 557 violation or failure to comply is cured during that period, the 558 provider is not subject to the penalties assessed under this 559 section.

560 (C) Forfeitures under this section shall be recovered by 561 action prosecuted in the name of the state and may be brought in 562 the court of common pleas of any county in which the provider 563 Sub.

H.

B.

No.

173 Page 21 As Passed by the House who committed the violation or failed to comply is located.

The 564 action shall be commenced and prosecuted by the attorney general 565 when directed by the public utilities commission.

All 566 forfeitures are cumulative, and an action for recovery of one 567 does not bar the recovery of another.

Forfeitures collected 568 under this section shall be credited to the general revenue 569 fund.

570 Sec.

(A) The public utilities commission may,may 571 except as provided in division (B) of this section, enter an 572 order in the journal of the commission barring, for not more 573 than two years,years or permanently, the provision of submetered utility service to 574 the property or community of a landlord that is found to have 575 failed to comply with division (C) of section 4933.58 of the 576 Revised Code after reasonable notice and opportunity for a 577 hearing under section 4933.64 of the Revised Code.

578Sec. (B) The commission shall grant the landlord assessed a 579 penalty under this section sixty days, or longer at the 580 commission's discretion, to cure the failure to comply.

If5321.04. such 581 failure to comply is cured during the cure period, the landlord 582 is not subject to the penalty assessed under this section.

583(A) Sec.A landlord who is a party to a rental agreement shall do all of the following:

4933.68.(1) Comply with the requirements of all applicable building, housing, health, and safety codes that materially affect health and safety;

Not(2) laterMake thanall tworepairs yearsand afterdo thewhatever effectiveis 584reasonably datenecessary of the rules adopted pursuant to divisionput (A)and ofkeep section 585 4933.59 of the Revisedpremises Code,in the public utilities commission 586 shall submit a reportfit toand thehabitable generalcondition; assembly that contains all 587 of the following information:

588(3) (A)Keep Theall numbercommon areas of submeteredthe utilitypremises servicein providersa 589safe registeredand withsanitary thecondition; commission;

590(4) (B)Maintain Thein namegood ofand eachsafe submeteredworking utilityorder serviceand providercondition 591all registeredelectrical, withplumbing, sanitary, heating, ventilating, and air conditioning fixtures and appliances, and elevators, supplied or required to be supplied by the commission;landlord;

592(5) Sub.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 Sub.

173 Page136th 22G.A. As Passed by the House (C) The name and address of each property or community 593 served by a submetered utility service provider;

594person (D)has Thebeen numbercharged ofwith, dwellinghas unitspleaded atguilty eachto propertyor been convicted of, or 595has communitybeen serveddetermined to be a delinquent child for an act that, if committed by an adult, would be a submeteredviolation utilityas servicedescribed provider;in that division.

596Such (E)actual Theknowledge numberor ofreasonable complaintscause receivedto bybelieve theshall commissionbe ondetermined 597in aaccordance monthlywith basis from residential customers regarding the 598 customer's submetered utility service where the commission 599 determined that adivision. violation by a submetered utility service 600 provider occurred.

601(10) Sec.Comply with the rights of tenants under the Servicemembers Civil Relief Act, 117 Stat.

5321.04.2835, 50 U.S.C.

(A)App. A landlord who is a party to a rental 602 agreement shall do all of the following:

603501; (1) Comply with the requirements of all applicable 604 building, housing, health, and safety codes that materially 605 affect health and safety;

606(11) (2)If Makethe alllandlord, repairswhether andby doitself whateveror iswith reasonablythe 607assistance necessaryof a submetered utility service provider, resells or permits resale of utility service to puttenants, disclose the nature of such utility service and keepall therelated premisescharges or fees in aits fitleases andwith habitabletenants, 608and, condition;as applicable, comply with sections 4933.51 to 4933.66 of the Revised Code;

609(12) (3)Not Keepindependently allbill or collect common areasarea ofelectricity thecharges premisesfrom intenants at any property where a safesubmetered andutility 610service sanitaryprovider condition;operates pursuant to section 4933.555 of the Revised Code.

611(B) (4)If Maintainthe landlord makes an entry in goodviolation andof safedivision working(A)(8) orderof andthis conditionsection, 612makes alla electrical,lawful plumbing,entry sanitary,in heating,an ventilating,unreasonable andmanner, 613or airmakes conditioningrepeated fixturesdemands andfor appliances,entry andotherwise elevators,lawful 614that suppliedhave the effect of harassing the tenant, the tenant may recover actual damages resulting from the entry or requireddemands, obtain injunctive relief to beprevent suppliedthe byrecurrence of the landlord;conduct, and obtain a judgment for reasonable attorney's fees, or may terminate the rental agreement.

615(C) (5)As Whenused thein landlordthis issection, a"submetered partyutility toservice anyprovider" rentalhas agreements 616 that cover four or more dwelling units in the same structure,meaning 617as providein andsection maintain4933.51 appropriate receptacles for the removal of 618 ashes, garbage, rubbish, and other waste incidental to the 619Revised occupancyCode. of a dwelling unit, and arrange for their removal;

620SECTION Sub.2.

That existing sections 4905.02, 4905.10, and 5321.04 of the Revised Code are hereby repealed.

Sub.

173 Page136th 23G.A. As Passed by the House (6) Supply running water, reasonable amounts of hot water, 621 and reasonable heat at all times, except where the building that 622 includes the dwelling unit is not required by law to be equipped 623 for that purpose, or the dwelling unit is so constructed that 624 heat or hot water is generated by an installation within the 625 exclusive control of the tenant and supplied by a direct public 626 utility connection;

627Speaker (7)___________________ Notof abuse the rightHouse of accessRepresentatives. conferred by division 628 (B) of section 5321.05 of the Revised Code;

629President (8)___________________ Except in the case of emergency or if it is 630 impracticable to do so, give the tenantSenate. reasonable notice of the 631 landlord's intent to enter and enter only at reasonable times.

632Passed Twenty-four________________________, hours20____ isApproved presumed________________________, to20____ beGovernor. a reasonable notice in the 633 absence of evidence to the contrary.

634Sub. (9) Promptly commence an action under Chapter 1923.

of the 635 Revised Code, after complying with division (C) of section 636 5321.17 of the Revised Code, to remove a tenant from particular 637 residential premises, if the tenant fails to vacate the premises 638 within three days after the giving of the notice required by 639 that division and if the landlord has actual knowledge of or has 640 reasonable cause to believe that the tenant, any person in the 641 tenant's household, or any person on the premises with the 642 consent of the tenant previously has or presently is engaged in 643 a violation as described in division (A)(6)(a)(i) of section 644 1923.02 of the Revised Code, whether or not the tenant or other 645 person has been charged with, has pleaded guilty to or been 646 convicted of, or has been determined to be a delinquent child 647 for an act that, if committed by an adult, would be a violation 648 as described in that division.

Such actual knowledge or 649 reasonable cause to believe shall be determined in accordance 650 Sub.

173 Page136th 24G.A. As Passed by the House with that division.

651The (10)section Complynumbering withof thelaw rights of tenantsa undergeneral theand 652permanent Servicemembersnature Civilis Reliefcomplete Act,and 117in Stat.conformity with the Revised Code.

2835,Director, 50Legislative U.S.C.Service Commission.

App.Filed in the office of the Secretary of State at Columbus, Ohio, on the ____ day of ___________,A.

653D. 501;

65420____. (11) If the landlord, whether by itself or with the 655 assistance of a submetered utility service provider, resells or 656 permits resale of utility service to tenants, disclose the 657 nature of such utility service and all related charges or fees, 658 including any common area charges or fees, in its leases with 659 tenants, and, as applicable, comply with sections 4933.51 to 660 4933.68 of the Revised Code.

661Secretary (B) If the landlord makes an entry in violation of 662State. division (A)(8) of this section, makes a lawful entry in an 663 unreasonable manner, or makes repeated demands for entry 664 otherwise lawful that have the effect of harassing the tenant, 665 the tenant may recover actual damages resulting from the entry 666 or demands, obtain injunctive relief to prevent the recurrence 667 of the conduct, and obtain a judgment for reasonable attorney's 668 fees, or may terminate the rental agreement.

669File (C)No. As used in this section, "submetered utility service 670 provider" has the same meaning as in section 4933.51 of the 671 Revised Code.

672_________ SectionEffective 2.Date ___________________

That existing sections 4905.02 and 5321.04 of 673 the Revised Code are hereby repealed.

674