As Introduced

129th General Assembly
Regular Session
2011-2012
S. B. No. 75


Senator Patton 

Cosponsors: Senators Grendell, Wagoner, Manning 



A BILL
To enact section 4933.29 of the Revised Code to 1
restore discounts for customers using electricity 2
to heat their homes and for electric, 3
load-management programs, to specify that these 4
discounts run with the land and may be 5
transferred, to provide for refunds to customers 6
whose rate discounts were modified or 7
discontinued, and to declare an emergency.8


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

       Section 1. That section 4933.29 of the Revised Code be 9
enacted to read as follows:10

       Sec. 4933.29. (A) As used in this section:11

        (1) "Dual fuel heating program" means a program under which 12
an electric light company provides an incentive, including a 13
discounted rate, for a customer to use a heating system that 14
operates on both electricity and gas, the electric portion of 15
which may be controlled by the company.16

        (2) "Electric light company" has the same meaning as in 17
section 4905.03 of the Revised Code.18

        (3) "Load management water heating program" means a program 19
under which an electric light company provides an incentive, 20
including a discounted rate, for a customer to use an electric 21
water heater that may be controlled by the company.22

        (B) Every electric light company that modified or 23
discontinued, between December 31, 2006 and the effective date of 24
this section, discounts for residential customers using 25
electricity to heat their homes shall restore in full all such 26
modified or discontinued discounts to the discount amounts at the 27
time of the modification or discontinuance.28

       (C) Every electric light company that modified or 29
discontinued, between December 31, 2006 and the effective date of 30
this section, any dual fuel heating program or any load management 31
water heating program shall restore in full any such modified or 32
discontinued program.33

       (D) Every electric light company shall permanently maintain 34
the following after the effective date of this section:35

       (1) The ratio of the discounted rates for its residential 36
customers that use electricity to heat their homes to the rates 37
for its other customers;38

       (2) The ratio of the discounted rates for a dual fuel heating 39
program or load management water heating program to the rates for 40
its other customers.41

       (E) The discounted rates for using electricity for home 42
heating, and discounted rates for dual fuel heating programs and 43
load management water heating programs restored by an electric 44
light company under divisions (B) and (C) of this section shall 45
run with the land. Any current or future resident of the property, 46
for which a customer who previously resided at the property 47
received an electric light company rate discount pursuant to 48
divisions (B) and (C) of this section, shall receive the 49
discounted rate from the electric light company. Customers that 50
built or converted homes to use electricity for home heating after 51
December 31, 2006, but prior to the effective date of this 52
section, also shall receive the discounted rate restored under 53
those divisions.54

       (F) The electric light company shall refund the amount in 55
excess of the discounted rate under divisions (B) and (C) of this 56
section that was paid by a customer after the modification or 57
discontinuance of the discounted rate. The public utilities 58
commission shall determine how refunds pursuant to this section 59
shall be made. 60

       Section 2. This act is hereby declared to be an emergency 61
measure necessary for the immediate preservation of the public 62
peace, health, and safety. The reason for such necessity is that 63
electric-utility customers are experiencing sudden, drastic 64
increases in electricity rates. Therefore, this act shall go into 65
immediate effect.66