SB 108

As Introduced
136th General Assembly
   Regular Session  S. B. No. 108
       2025-2026
  Senator Brenner
  A BILL
  To amend section 4905.02 and to enact sections  1
  4933.51, 4933.52, 4933.54, 4933.56, 4933.57,  2
  4933.59, 4933.60, and 4933.63 of the Revised  3
  Code to exempt from regulation as a public  4
  utility certain persons or entities providing  5
  behind-the-meter utility services and to allow  6
  the Public Utilities Commission to register  7
  providers of such services.  8
 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
     Section 1. That section 4905.02 be amended and sections  9
4933.51, 4933.52, 4933.54, 4933.56, 4933.57, 4933.59, 4933.60,  10
and 4933.63 of the Revised Code be enacted to read as follows:  11
     Sec. 4905.02. (A) As used in this chapter, "public  12
utility" includes every corporation, company, copartnership,  13
person, or association, the lessees, trustees, or receivers of  14
the foregoing, defined in section 4905.03 of the Revised Code,  15
including any public utility that operates its utility not for  16
profit, except the following:  17
     (1) An electric light company that operates its utility  18
not for profit;  19
S. B. No. 108  Page 2
As Introduced
       (2) A public utility, other than a telephone company, that  20
is owned and operated exclusively by and solely for the  21
utility's customers, including any consumer or group of  22
consumers purchasing, delivering, storing, or transporting, or  23
seeking to purchase, deliver, store, or transport, natural gas  24
exclusively by and solely for the consumer's or consumers' own  25
intended use as the end user or end users and not for profit;  26
       (3) A public utility that is owned or operated by any  27
municipal corporation;  28
       (4) A railroad as defined in sections 4907.02 and 4907.03  29
of the Revised Code;  30
       (5) Any provider, including a telephone company, with  31
respect to its provision of any of the following:  32
       (a) Advanced services as defined in 47 C.F.R. 51.5;  33
       (b) Broadband service, however defined or classified by  34
the federal communications commission;  35
       (c) Information service as defined in the  36
"Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C.  37
153(20);  38
       (d) Subject to division (A) of section 4927.03 of the  39
Revised Code, internet protocol-enabled services as defined in  40
section 4927.01 of the Revised Code;  41
       (e) Subject to division (A) of section 4927.03 of the  42
Revised Code, any telecommunications service as defined in  43
section 4927.01 of the Revised Code to which both of the  44
following apply:  45
       (i) The service was not commercially available on  46
September 13, 2010, the effective date of the amendment of this  47
S. B. No. 108  Page 3
As Introduced
section by S.B. 162 of the 128th general assembly.  48
       (ii) The service employs technology that became available  49
for commercial use only after September 13, 2010, the effective  50
date of the amendment of this section by S.B. 162 of the 128th  51
general assembly.  52
       (6)(a) A person, business, or other entity that, either on  53
its own behalf or under a contract with a property owner,  54
provides, constructs, or installs for customers behind-the-meter  55
utility service;  56
       (b) As used in this division, "behind-the-meter utility  57
service" means any of the following, if provided, constructed,  58
or installed at a point after services provided by a public  59
utility are delivered to the public utility's metered points of  60
delivery at the customers' locations:  61
       (i) Service or benefit from an advanced energy resource as  62
defined in section 4928.01 of the Revised Code;  63
       (ii) Electric service;  64
       (iii) Billing service for services described in divisions  65
(A)(6)(b)(i) and (ii) of this section;  66
       (iv) Electric vehicle charging;  67
       (v) Resale of electricity to a tenant's dwelling unit by a  68
landlord or the landlord's agent that is based on metered  69
consumption;  70
       (7) Billing service for the resale of natural gas or water  71
service to a tenant's dwelling unit by a landlord or the  72
landlord's agent that is based on metered consumption and that  73
is delivered at a point after natural gas or water service is  74
delivered to the public utility's metered point of delivery for  75
S. B. No. 108  Page 4
As Introduced
that service at that location.  76
       (B)(1) "Public utility" includes a for-hire motor carrier  77
even if the carrier is operated in connection with an entity  78
described in division (A)(1), (2), (4), or (5) of this section.  79
       (2) Division (A) of this section shall not be construed to  80
relieve a private motor carrier, operated in connection with an  81
entity described in division (A)(1), (2), (4), or (5) of this  82
section, from compliance with either of the following:  83
       (a) Chapter 4923. of the Revised Code;  84
       (b) Rules governing unified carrier registration adopted  85
under section 4921.11 of the Revised Code.  86
       (C) As used in divisions (A)(6) and (7) of this section,  87
"dwelling unit," "landlord," and "tenant" have the same meanings  88
as in section 5321.01 of the Revised Code.  89
       Sec. 4933.51. As used in sections 4933.51 to 4933.63 of  90
the Revised Code:  91
       "Behind-the-meter utility service" has the same meaning as  92
in section 4905.02 of the Revised Code.  93
       "Behind-the-meter utility service provider" means a  94
person, business, or other entity that, either on its own behalf  95
or under a contract with a property owner, provides, constructs,  96
or installs for customers behind-the-meter utility service.  97
       "Dwelling unit" and "tenant" have the same meanings as in  98
section 5321.01 of the Revised Code.  99
       "Electric light company" has the same meaning as in  100
section 4905.03 of the Revised Code.  101
       Sec. 4933.52. (A) As used in this section, "public  102
S. B. No. 108  Page 5
As Introduced
utility" is an electric light company, natural gas company, or  103
water-works company as defined in section 4905.03 of the Revised  104
Code that is a public utility as defined in section 4905.02 of  105
the Revised Code.  106
       (B) Except for reasons of safety or reliability, the  107
public utilities commission shall not adopt any rule that  108
permits a public utility to set the location of, or refuse to  109
relocate, any of its meters so that the meter's location  110
prevents either of the following:  111
       (1) A behind-the-meter utility service provider from  112
providing, constructing, or installing behind-the-meter utility  113
service at a point after the public utility service is delivered  114
to the public utility's metered point of delivery at that  115
location;  116
       (2) A billing service described in division (A)(7) of  117
section 4905.02 of the Revised Code from providing the billing  118
service for natural gas or water service at a point after  119
natural gas or water service is delivered to the public  120
utility's metered point of delivery for that service at that  121
location.  122
       (C) Except for reasons of safety or reliability, no public  123
utility shall set the location of, or refuse to relocate, any of  124
its meters so that the meter's location prevents either of the  125
following:  126
       (1) A behind-the-meter utility service provider from  127
providing, constructing, or installing behind-the-meter utility  128
service at a point after the public utility service is delivered  129
to the public utility's metered point of delivery at that  130
location;  131
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As Introduced
       (2) A billing service described in division (A)(7) of  132
section 4905.02 of the Revised Code from providing the billing  133
service for natural gas or water service at a point after  134
natural gas or water service is delivered to the public  135
utility's metered point of delivery for that service at that  136
location.  137
       Sec. 4933.54. No behind-the-meter utility service provider  138
that resells electricity to a tenant based on metered  139
consumption at the tenant's dwelling unit may charge the tenant  140
more than the bill for the standard service offer and all riders  141
that the electric light company, in whose certified territory  142
the dwelling unit is located, would charge its residential  143
customers for electric service.  144
       Sec. 4933.56. (A) The public utilities commission may  145
adopt rules requiring the biennial registration of some or all  146
types of behind-the-meter utility service providers in the  147
state. The registration process shall require the behind-the-  148
meter utility service provider to disclose the provider's name,  149
business address, phone number, regulatory contact, and the type  150
of services offered by the provider. The rules for the  151
registration process also shall include other disclosure  152
requirements as prescribed by the commission.  153
       (B) Rules establishing registration requirements under  154
this section, including any requirements regarding  155
classifications, procedures, terms, and conditions, shall be  156
reasonable and shall not confer any undue economic, competitive,  157
or market advantage or preference upon any electric light  158
company, behind-the-meter utility service provider, or  159
competitive retail electric service provider.  160
       (C) The commission may charge behind-the-meter utility  161
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As Introduced
service providers a registration processing fee of not more than  162
two hundred dollars per biennial registration.  163
        (D) Notwithstanding any provision of section 121.95 of the  164
Revised Code to the contrary, a regulatory restriction contained  165
in rules adopted under sections 4933.51 to 4933.63 of the  166
Revised Code is not subject to sections 121.95 to 121.953 of the  167
Revised Code.  168
        Sec. 4933.57. No behind-the-meter utility service provider  169
shall provide a behind-the-meter utility service to a consumer  170
in this state without first being registered with the public  171
utilities commission, if registration is required by rules  172
adopted by the commission under section 4933.56 of the Revised  173
Code.  174
        Sec. 4933.59. If the public utilities commission  175
establishes a registration process and requirements under  176
section 4933.56 of the Revised Code, the commission may require  177
a behind-the-meter utility service provider that resells  178
electricity to a tenant based on metered consumption for the  179
tenant's dwelling unit to do the following:  180
        (A) Provide a separate disclosure to its tenants and  181
reporting of pricing solely for purposes of compliance with the  182
pricing requirement for resale of electricity under section  183
4933.54 of the Revised Code;  184
        (B) Disclose its process and procedures for the  185
disconnection of electric service.  186
        Sec. 4933.60. (A) Any person, firm, or corporation, or the  187
public utilities commission upon its initiative, may file a  188
written complaint against any behind-the-meter utility service  189
provider for a failure to comply with, or a violation of,  190
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As Introduced
registration requirements under sections 4933.56 to 4933.59 of  191
the Revised Code or the pricing requirement for resale of  192
electricity under section 4933.54 of the Revised Code.  193
       If it appears that reasonable grounds for complaint are  194
stated, the commission shall provide notice of probable  195
noncompliance to the behind-the-meter utility service provider  196
and grant the provider sixty days to cure the noncompliance. If  197
such noncompliance is not cured during the sixty-day cure  198
period, the commission may open an investigation of the  199
provider's compliance with the registration requirements under  200
sections 4933.56 to 4933.59 of the Revised Code or the pricing  201
requirement for resale of electricity under section 4933.54 of  202
the Revised Code.  203
       (B) The parties to a complaint investigation under this  204
section shall be entitled to be heard, represented by counsel,  205
and to have a process to enforce the attendance of witnesses.  206
       Sec. 4933.63. Any behind-the-meter utility service  207
provider that violates or fails to comply with the registration  208
requirements under sections 4933.56 to 4933.59 of the Revised  209
Code or the pricing requirement for resale of electricity under  210
section 4933.54 of the Revised Code is liable to the state for a  211
forfeiture of not more than one hundred dollars for each  212
violation or compliance failure unless the violation or failure  213
is cured within sixty days after receipt of the notice required  214
under this section.  215
       The public utilities commission, after providing  216
reasonable notice and the opportunity for a hearing, shall issue  217
an order assessing a forfeiture upon a behind-the-meter utility  218
service provider whom the commission determines, by a  219
preponderance of the evidence, committed the violation or failed  220
S. B. No. 108  Page 9
As Introduced
to comply. Forfeitures shall be recovered by action prosecuted  221
in the name of the state and may be brought in the court of  222
common pleas of any county in which the provider who committed  223
the violation or failed to comply is located. The action shall  224
be commenced and prosecuted by the attorney general when  225
directed by the public utilities commission. All forfeitures are  226
cumulative, and an action for recovery of one does not bar the  227
recovery of another. Forfeitures collected under this section  228
shall be credited to the general revenue fund.  229
       Section 2. That existing section 4905.02 of the Revised  230
Code is hereby repealed.  231