reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.36 | Separate Hearings.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
When complaint is made of more than one rate, charge, or service, the public utilities commission may order separate hearings on such complaint and may consider and determine the matters complained of separately at such times and places as it prescribes. No complaint shall necessarily be dismissed because of the absence of direct damage to the complainant.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.37 | Commission May Change Rules and Regulations of Public Utilities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the public utilities commission is of the opinion, after hearing had upon complaint or upon its own initiative or complaint, served as provided in section 4905.26 of the Revised Code, that the rules, regulations, measurements, or practices of any public utility with respect to its public service are unjust or unreasonable, or that the equipment or service of such public utility is inadequate, inefficient, improper, insufficient, or cannot be obtained, or that a telephone company refuses to extend its lines to serve inhabitants within the telephone company operating area, the commission shall determine the regulations, practices, and service to be installed, observed, used, and rendered, and shall fix and prescribe them by order to be served upon the public utility. After service of such order such public utility and all of its officers, agents, and official employees shall obey such order and do everything necessary or proper to carry it into effect. This section does not give the commission power to make any order requiring the performance of any act which is unjust, unreasonable, or in violation of any law of this state or the United States.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.38 | Repairs and Improvements May Be Ordered by Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the public utilities commission is of the opinion, after hearing had, as provided in section 4905.26 of the Revised Code, or upon its own initiative or complaint, that repairs, improvements, or additions to the plant or equipment of any public utility should reasonably be made, in order to promote the convenience or welfare of the public or of employees, or in order to secure adequate service or facilities, the commission may make and serve an appropriate order directing that such repairs, improvements, or additions be made within a reasonable time and in a manner specified in such order. Every such public utility, its officers, agents, and official employees, shall obey such order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.39 | Power to Require Additions and Extensions.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The legislative authority of any municipal corporation may, upon the filing of an application by any person, firm, or corporation, require of any public utility, by ordinance or otherwise, such additions or extensions to its distributing plant within such municipal corporation as the legislative authority deems reasonable and necessary in the interest of the public, and, subject to section 4951.06 of the Revised Code, such municipal corporation may designate the location and nature of all such additions and extensions, the time within which they must be completed, and all conditions under which they must be constructed and operated. Such requirements and orders of the legislative authority shall be subject to review by the public utilities commission, as provided in sections 4909.34 and 4909.39 of the Revised Code. The legislative authority and commission, in determining the practicability of such additions and extensions, shall take into consideration the supply of the product furnished by such public utility available, the returns upon the cost and expense of constructing such extensions, and the amount of revenue to be derived from such extensions, as well as the earning power of the public utility as a whole.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.401 | Issuing Notes or Other Evidences of Indebtedness.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
A public utility which is an electric light company may, when authorized by an order of the public utilities commission and not otherwise, issue notes, or other evidences of indebtedness payable at periods of not more than twelve months. This section shall not apply to:
(A) The issue, renewal, or assumption of liability or notes, and other evidences of indebtedness maturing not more than twelve months after the date of such issue, renewal, or assumption of liability, and aggregating (together with all other then outstanding notes, and other evidences of indebtedness of a maturity of twelve months or less on which such electric light company is primarily or secondarily liable) not more than five per cent of the par value of the other stocks, bonds, notes, and other evidences of indebtedness of such electric light company then outstanding;
(B) The issue, renewal, or assumption of liability on such notes, or other evidences of indebtedness which have been, or are the subject of an order of the securities and exchange commission under the "Public Utility Holding Company Act of 1935," 49 Stat. 838, 15 U.S.C. 79, as amended.
In the case of stocks, bonds, notes, and other evidences of indebtedness having no par value, the "par value" for the purpose of this section shall be the fair market value as of the date of issue. Sections 4905.40 to 4905.43 of the Revised Code, shall be applicable to notes, and other evidences of indebtedness issued under this section, except the provision of section 4905.42 of the Revised Code exempting from the jurisdiction of the public utilities commission the issuance of notes of public utilities payable at periods of not more than twelve months insofar as such provision is applicable to electric light companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.41 | Proceedings to Obtain Authority.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The proceedings for obtaining the authority of the public utilities commission for the issue of stocks, bonds, notes and other evidences of indebtedness, as provided in section 4905.40 of the Revised Code, shall be as follows:
(A) In case the stocks, bonds, notes, or other evidence of indebtedness are to be issued for money only, the public utility or railroad shall file with the commission a statement, signed and verified by the president or vice president and the secretary or treasurer of such public utility or railroad, setting forth:
(1) The amount and character of the stocks, bonds, or other evidence of indebtedness;
(2) The purposes for which they are to be issued;
(3) The terms upon which they are to be issued;
(4) The total assets and liabilities and an income statement of the public utility or railroad in such detail as the commission requires;
(5) If the issue is desired for the purpose of the reimbursement of money expended from income, as provided by section 4905.40 of the Revised Code, the amount expended and when and for what purposes it was expended;
(6) Such other facts and information pertinent to the inquiry as the commission requires.
(B) If the stocks, bonds, notes, or other evidence of indebtedness are to be issued partly or wholly for property, services, or other consideration than money, the public utility or railroad shall file with the commission a statement, signed and verified by its president or vice president and its secretary, or treasurer setting forth:
(1) The amount and character of the stocks, bonds, or other evidence of indebtedness proposed to be issued;
(2) The purposes for which they are to be issued;
(3) The description and estimated value of the property or services for which they are to be issued;
(4) The terms on which they are to be issued or exchanged;
(5) The amount of money to be received in addition to the property, service, or other consideration;
(6) The total assets and liabilities and an income statement of the public utility or railroad in such detail as the commission requires;
(7) Such other facts and information pertinent to the inquiry as the commission requires.
This section and section 4905.40 of the Revised Code do not apply to union depot companies organized and under contract prior to June 30, 1911, until the same are completed.
This section does not apply to a telephone company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.43 | Public Utility in Possession of Receiver Exempted.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Where a public utility or railroad was, on June 30, 1911, in the possession of one or more receivers or its property was under foreclosure, and a reorganization of such public utility or railroad was pending, any new company organized after such date to acquire such property or any part of it, is exempt from Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code with respect to the issue of bonds, stocks, and evidences of debt, but the total debts, obligations, and securities of such new or reorganized company exclusive of bonds, obligations, stocks, and other securities that may be issued or authorized for additional capital shall not exceed the debts, obligations, stocks, and other securities of the existing company. After its organization and the issue of such bonds, obligations, stocks, and other securities such chapters do apply to such new or reorganized company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.45 | Indorsement of Public Utility or Railroad Securities.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Public utility or railroad corporations may, incident to the sale or pledge of bonds, notes, or other securities owned by them, jointly or severally indorse such securities and guarantee due payment of them, in any case in which such indorsement and guarantee is authorized by the public utilities commission or the interstate commerce commission.
This section does not apply to telephone companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.46 | Restrictions on Dividend or Distribution.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
No public utility or railroad shall declare any stock, bond, or scrip dividend or distribution, or divide the proceeds of the sale of any stock, bond, or scrip among its stockholders, unless it is authorized to do so by the public utilities commission.
This section does not apply to telephone companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.47 | Capitalization.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
The public utilities commission shall not authorize the capitalization of any franchise or right to own, operate, or enjoy any franchise in excess of the amount, exclusive of any tax or annual charge, actually paid to any political subdivision of the state or county as the consideration for the grant of such franchise or right, nor shall the capital stock of a public utility or railroad corporation formed by the merger or consolidation of two or more corporations exceed the sum of the capital stock of the corporations consolidated or merged, at the par value of such stock, and such sum or any additional sum actually paid in cash. No contract for consolidation or lease shall be capitalized in the stock of any public utility or railroad corporation, and no such corporation shall issue any bonds against or as a lien upon any contract for consolidation or merger. The aggregate amount of the debt of such consolidated companies by reason of such consolidation shall not be increased.
This section does not apply to telephone companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.48 | Transactions Between Public Utilities.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
With the consent and approval of the public utilities commission:
(A) Any two or more public utilities furnishing a like service or product and doing business in the same municipal corporation or locality within this state, or any two or more public utilities whose lines intersect or parallel each other within this state, may enter into contracts with each other that will enable them to operate their lines or plants in connection with each other.
(B) Any public utility may purchase or lease the property, plant, or business of any other such public utility.
(C) Any such public utility may sell or lease its property or business to any other such public utility.
(D) Any such public utility may purchase the stock of any other such public utility.
To obtain the consent and approval of the commission for such authority, a petition, joint or otherwise, signed and verified by the president and the secretary of the respective companies, clearly setting forth the object and purposes desired, and stating whether or not it is for the purchase, sale, lease, or making of contracts, or for any other purpose provided in this section, and also the terms and conditions of the same, shall be filed with the commission. If the commission deems it necessary, it shall, upon the filing of such petition, fix a time and place for a hearing.
If, after such hearing or in case no hearing is required, the commission is satisfied that the prayer of such petition should be granted and the public will thereby be furnished adequate service for a reasonable and just rate, rental, toll, or charge, it shall make such order as it deems proper and the circumstances require, and thereupon the things provided for in such order may be done.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.481 | Purchase of Municipal Water-Works or Sewage Disposal System Company.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
With the consent and approval of the public utilities commission, a large water-works or sewage disposal system company may purchase the property, plant, or business of any municipal water-works or sewage disposal system company, as those companies are defined in section 4909.051 of the Revised Code. A petition filed under this section may also seek approval of a certificate of public convenience and necessity and the approval of an original cost valuation under section 4909.052 of the Revised Code.
To obtain the consent and approval of the commission for such authority, a petition, signed and verified by the president of the large water-works or sewage disposal system company, clearly setting forth the object and purposes desired, and the terms and conditions of the same, shall be filed with the commission. If the commission deems it necessary, it shall, upon the filing of such petition, fix a time and place for a hearing.
The commission shall approve any petition filed with the commission under this section related to an acquisition described in section 4909.052 of the Revised Code, including a petition seeking the approval of a certificate of public convenience and necessity, provided that a large water-works or sewage disposal system company pursuant to section 4909.051 of the Revised Code sufficiently demonstrates, and the commission finds, that such petition is just and reasonable. A petition filed under this section shall be deemed approved if the commission fails to issue a final order not later than two hundred seventy days after the date the initial petition is filed, unless the commission suspends review of the petition for good cause shown.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.49 | Acquisition of Water-Works or Sewage Disposal System; Rate Division.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
(A) As used in this section and section 4905.491 of the Revised Code, "rate division" means a separate tariff of a water-works or sewage disposal system company for one or more geographic customer areas.
(B) A water-works or sewage disposal system company acquiring a municipal water-works or sewage disposal system company as described in section 4909.052 of the Revised Code shall recommend whether the geographic area of the customers of the company being acquired shall be integrated into an existing rate division of the acquiring company or given a new rate division. If the recommendation is for integration into an existing rate division, the acquiring company shall recommend how the area is to be integrated.
(C) The recommendations made under division (B) of this section shall be mutually agreed upon by the two companies.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.491 | Contents of Order of Approval.

Effective:
April 5, 2019
Latest Legislation:
House Bill 422 - 132nd General Assembly
In an order issued under section 4905.481 of the Revised Code approving an acquisition described in section 4909.052 of the Revised Code, the public utilities commission shall include both of the following:
(A) The commission's decision establishing the rate base of the company being acquired, as determined under sections 4909.05, 4909.052, and 4909.055 of the Revised Code;
(B) The rate division under which the geographic area of the customers of the company being acquired shall be served.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.51 | Use of Equipment Over Street by Other Public Utility.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
Every public utility having any equipment on, over, or under any street or highway shall, subject to section 4951.04 of the Revised Code, for a reasonable compensation, permit the use of such equipment by any other public utility whenever the public utilities commission determines, as provided in section 4905.51 of the Revised Code, that public convenience, welfare, and necessity require such use or joint use, and that such use or joint use will not result in irreparable injury to the owner or other users of such equipment or any substantial detriment to the service to be rendered by such owners or other users.
In case of failure to agree upon such use or joint use, or upon the conditions or compensation for such use or joint use, any public utility may apply to the commission, and if after investigation the commission ascertains that the public convenience, welfare, and necessity require such use or joint use and that it would not result in irreparable injury to the owner or other users of such property or equipment or in any substantial detriment to the service to be rendered by such owner or other users, the commission shall direct that such use or joint use be permitted and prescribe reasonable conditions and compensation for such joint use.
Such use or joint use so ordered shall be permitted and such conditions and compensation so prescribed shall be the lawful conditions and compensation to be observed, followed, and paid, subject to recourse to the courts by any interested party as provided in Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code. The commission may revoke or revise any such order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.52 | Refusal to Answer Questions in Examination.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
No officer, agent, or employee of a railroad company shall refuse to answer a question propounded to the officer, agent, or employee by a public utilities commissioner in the course of an examination authorized by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code. The property of the railroad company of which such person is an officer, agent, or employee, is liable to be taken in execution to satisfy the fines and costs in case of a violation of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.54 | Compliance With Orders.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Every public utility or railroad and every officer of a public utility or railroad shall comply with every order, direction, and requirement of the public utilities commission made under authority of this chapter and Chapters 4901., 4903., 4907., and 4909. of the Revised Code, so long as they remain in force. Except as otherwise specifically provided in section 4905.95 of the Revised Code, the public utilities commission may assess a forfeiture of not more than ten thousand dollars for each violation or failure against a public utility or railroad that violates a provision of those chapters or that after due notice fails to comply with an order, direction, or requirement of the commission that was officially promulgated. Each day's continuance of the violation or failure is a separate offense. All forfeitures collected under this section shall be credited to the general revenue fund.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.55 | Liability for Act of Agent.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The act, omission, or failure of any officer, agent, or other person, acting for or employed by a public utility or railroad, while acting within the scope of his employment, is the act or failure of the public utility or railroad.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.56 | Violation.

Effective:
February 21, 1967
Latest Legislation:
House Bill 1 - 107th General Assembly
No officer, agent, or employee in an official capacity of a public utility or railroad shall knowingly violate sections 4905.01 to 4905.07, inclusive, 4905.14 to 4905.19, inclusive, 4905.22 to 4905.51, inclusive, 4905.54 to 4905.57, inclusive, or 4905.60 to 4905.63, inclusive, of the Revised Code, or willfully fail to comply with any lawful order or direction of the public utilities commission made with respect to any public utility or railroad. Each day's continuance of such failure is a separate offense.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.57 | Actions to Recover Forfeitures.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Except as otherwise specifically provided in sections 4905.96 and 4923.99 of the Revised Code, actions to recover forfeitures provided for in this chapter and Chapters 4901., 4903., 4907., 4909., and 4923. of the Revised Code shall be prosecuted in the name of the state and may be brought in the court of common pleas of any county in which the public utility, railroad, or motor carrier is located. Such actions shall be commenced and prosecuted by the attorney general when the attorney general is directed to do so by the public utilities commission. Moneys recovered by such actions shall be deposited in the state treasury to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.58 | Indictment.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
All prosecutions against a railroad or an officer, agent, or employee thereof, under Chapters 4901., 4903., 4905., 4907., and 4909. and other sections of the Revised Code for penalties involving imprisonment shall be by indictment.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.59 | Action for Forfeiture by Prosecuting Attorney.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
If the public utilities commission, the officer requested by it, or a village solicitor or city director of law, when the cause of action arises in a municipal corporation, fails to prosecute a civil action for forfeiture against a railroad or an officer, agent, or employee thereof as provided by law, the prosecuting attorney of the county in which a cause of action for forfeiture arises, upon the request of any taxpayer of the county, shall bring such action if the prosecuting attorney is furnished with evidence that in the prosecuting attorney's judgment will sustain it. If the action fails, the costs of the action shall be adjudged against the county.
If a cause of action for forfeiture arises within a municipal corporation, and the commission, the officer requested by it, or the prosecuting attorney, fails to prosecute such action, the village solicitor or city director of law of the municipal corporation, when required by resolution of the legislative authority, shall institute the action and prosecute it to final judgment. If the action fails, the cost of the action shall be adjudged against the municipal corporation. The time for notice of appeal and giving a bond does not apply to cases within the meaning of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.60 | Writ of Mandamus - Injunction.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Whenever the public utilities commission is of the opinion that any public utility or railroad has failed or is about to fail to obey any order made with respect to it, or is permitting anything or about to permit anything contrary to or in violation of law, or of an order of the commission, authorized under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, the attorney general, upon the request of the commission, shall commence and prosecute such action, or proceeding in mandamus, by injunction, or by other appropriate civil remedies in the name of the state, as is directed by the commission against such public utility or railroad, alleging the violation complained of and praying for proper relief. In such a case the court may make such order as is proper in the premises.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.61 | Treble Damages.

Effective:
March 20, 2019
Latest Legislation:
House Bill 402 - 132nd General Assembly
If any public utility or railroad does, or causes to be done, any act or thing prohibited by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, or declared to be unlawful, or omits to do any act or thing required by the provisions of those chapters, or by order of the public utilities commission, the public utility or railroad is liable to the person, firm, or corporation injured thereby in treble the amount of damages sustained in consequence of the violation, failure, or omission. Any recovery under this section does not affect a recovery by the state for any penalty provided for in the chapters. This section does not apply to a telephone company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.62 | Limitation.

Effective:
September 19, 1961
Latest Legislation:
Senate Bill 500 - 104th General Assembly
No franchise, permit, license, or right to own, operate, manage, or control any public utility which is an electric light company, gas company, water-works company, sewage disposal system company, or heating and cooling company shall be granted or transferred to any corporation not incorporated under the laws of this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.63 | Company Formed to Acquire Property or Transact Business Subject to Certain Laws.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
A company formed to acquire property or to transact business that would be subject to Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4927. of the Revised Code, and a company owning or possessing franchises for any of the purposes contemplated in those chapters, are subject to those chapters' provisions, although no property has been acquired, no business has been transacted, or no franchises have been exercised by the company.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.64 | Forfeiture Shall Be Cumulative.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
All forfeitures under Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code are cumulative, and a suit for and recovery of one does not bar the recovery of any other.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.65 | Local Regulation Restricting Construction, Location, or Use of Public Utility Facility.

Effective:
October 10, 1963
Latest Legislation:
Senate Bill 130 - 105th General Assembly
(A) As used in this section:
(1) "Public utility" means any electric light company, as the same is defined in sections 4905.02 and 4905.03 of the Revised Code.
(2) "Public utility facility" means any electric line having a voltage of twenty-two thousand or more volts used or to be used by an electric light company and supporting structures, fixtures, and appurtenances connected to, used in direct connection with, or necessary for the operation or safety of such electric lines.
(3) "Local regulation" means any legislative or administrative action of a political subdivision of this state, or of an agency of a political subdivision of this state, having the effect of restricting or prohibiting the use of an existing public utility facility or facilities or the proposed location, construction, or use of a planned public utility facility or facilities.
(B) To the extent permitted by existing law a local regulation may reasonably restrict the construction, location, or use of a public utility facility, unless the public utility facility:
(1) Is necessary for the service, convenience, or welfare of the public served by the public utility in one or more political subdivisions other than the political subdivision adopting the local regulation; and
(2) Is to be constructed in accordance with generally accepted safety standards; and
(3) Does not unreasonably affect the welfare of the general public.
Nothing in this section prohibits a political subdivision from exercising any power which it may have to require, under reasonable regulations not inconsistent with this section, a permit for any construction or location of a public utility facility by a public utility in such political subdivision.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.70 | Energy Conservation Programs.

Effective:
January 1, 2001
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
The public utilities commission shall initiate programs that will promote and encourage conservation of energy and a reduction in the growth rate of energy consumption, promote economic efficiencies, and take into account long-run incremental costs. Notwithstanding sections 4905.31, 4905.33, 4905.35, and 4909.151 of the Revised Code, the commission shall examine and issue written findings on the declining block rate structure, lifeline rates, long-run incremental pricing, peak load and off-peak pricing, time of day and seasonal pricing, interruptible load pricing, and single rate pricing where rates do not vary because of classification of customers or amount of usage. The commission, by a rule adopted no later than October 1, 1977, and effective and applicable no later than November 1, 1977, shall require each electric light company to offer to such of their residential customers whose residences are primarily heated by electricity the option of their usage being metered by a demand or load meter. Under the rule, a customer who selects such option may be required by the company, where no such meter is already installed, to pay for such meter and its installation. The rule shall require each company to bill such of its customers who select such option for those kilowatt hours in excess of a prescribed number of kilowatt hours per kilowatt of billing demand, at a rate per kilowatt hour that reflects the lower cost of providing service during off-peak periods.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.71 | Filing Tariffs for Charges for Attachment to Pole or Conduit Use of Equipment.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) Every telephone or electric light company that is a public utility as defined by section 4905.02 of the Revised Code and, subject to section 4927.15 of the Revised Code, every incumbent local exchange carrier as defined by section 4927.01 of the Revised Code shall permit, upon reasonable terms and conditions and the payment of reasonable charges, the attachment of any wire, cable, facility, or apparatus to its poles, pedestals, or placement of same in conduit duct space, by any person or entity other than a public utility that is authorized and has obtained, under law, any necessary public or private authorization and permission to construct and maintain the attachment, so long as the attachment does not interfere, obstruct, or delay the service and operation of the company or carrier, or create a hazard to safety. Every such company or carrier shall file tariffs with the public utilities commission containing the charges, terms, and conditions established for such use.
(B) The commission shall regulate the justness and reasonableness of the charges, terms, and conditions contained in any such tariff, and may, upon complaint of any persons in which it appears that reasonable grounds for complaint are stated, or upon its own initiative, investigate such charges, terms, and conditions and conduct a hearing to establish just and reasonable charges, terms, and conditions, and to resolve any controversy that may arise among the parties as to such attachment.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.74 | Persistent Practice or Pattern of Violative Conduct.

Effective:
May 17, 2000
Latest Legislation:
House Bill 177 - 123rd General Assembly
No public utility shall knowingly engage in a persistent practice or pattern of conduct of violating division (B) of section 4905.72 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.75 | Payments to Agent Not Considered Past Due.

Effective:
April 4, 1985
Latest Legislation:
House Bill 409 - 115th General Assembly
If a customer makes payment on or before the due date of a bill to an agent designated or authorized by the public utility to accept payment, the payment shall not be considered past due regardless of whether or not it is received in the company offices by the due date.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.79 | Tax Credits for Costs of Service to Aid Communicatively Impaired.

Effective:
April 6, 2023
Latest Legislation:
House Bill 281 - 134th General Assembly
Any telephone company, as defined in section 5727.01 of the Revised Code, or, as authorized by the public utilities commission, any affiliate of such a company, that provides any telephone service program implemented after March 27, 1991, to aid persons with communicative impairments in accessing the telephone network shall be allowed a tax credit for the costs of any such program under section 5733.56 of the Revised Code. Relative to any such program, the commission, in accordance with its rules, shall allow interested parties to intervene and participate in any proceeding or part of a proceeding brought before the commission pursuant to this section. The commission shall adopt rules it considers necessary to carry out this section.
Last updated March 10, 2023 at 12:40 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.80 | State Policy Regarding Motor Carriers.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The policy of this state is to:
(A) Regulate transportation by motor carriers so as to recognize and preserve the inherent advantages of, and foster safe conditions in, that transportation and among those carriers in the public interest;
(B) Promote safe and secure service by motor carriers, without unjust discriminations, undue preferences or advantages, and unfair or destructive competitive practices;
(C) Improve the relations between, and coordinate transportation by and regulation of, motor carriers and other carriers;
(D) Develop and preserve a highway transportation system properly adapted to the needs of commerce and the state;
(E) Cooperate with the federal government and the several states, and the authorized officials thereof, and with any organization of motor carriers in the administration and enforcement of this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.81 | Duties of Public Utilities Commission.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The public utilities commission shall:
(A) Supervise and regulate each motor carrier;
(B) Regulate the safety of operation of each motor carrier, and of each intermodal equipment provider as defined in section 4923.041 of the Revised Code;
(C) Adopt reasonable safety rules applicable to the highway transportation of persons or property in interstate and intrastate commerce by motor carriers;
(D) Adopt safety rules applicable to the transportation and offering for transportation of hazardous materials in interstate and intrastate commerce by motor carriers. The rules shall not be incompatible with the requirements of the United States department of transportation.
(E) Require the filing of reports and other data by motor carriers;
(F) Adopt reasonable rules for the administration and enforcement of this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code applying to each motor carrier in this state;
(G) Supervise and regulate motor carriers in all other matters affecting the relationship between those carriers and the public to the exclusion of all local authorities, except as provided in this section. The commission, in the exercise of the jurisdiction conferred upon it by this chapter and Chapters 4901., 4903., 4907., 4909., 4921., and 4923. of the Revised Code, may adopt rules affecting motor carriers, notwithstanding the provisions of any ordinance, resolution, license, or permit enacted, adopted, or granted by any township, municipal corporation, municipal corporation and county, or county. In case of conflict between any such ordinance, resolution, license, or permit, the order or rule of the commission shall prevail. Local subdivisions may adopt reasonable local police rules within their respective boundaries not inconsistent with those chapters and rules adopted under them.
The commission has jurisdiction to receive, hear, and determine as a question of fact, upon complaint of any party or upon its own motion, and upon not less than fifteen days' notice of the time and place of the hearing and the matter to be heard, whether any corporation, company, association, joint-stock association, person, firm, or copartnership, or their lessees, legal or personal representatives, trustees, or receivers or trustees appointed by any court, is engaged as a motor carrier. The finding of the commission on such a question is a final order that may be reviewed as provided in section 4923.15 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.86 | Sulfur Dioxide Emission Allowances.

Effective:
July 10, 1991
Latest Legislation:
Senate Bill 143 - 119th General Assembly
At the request of an electric light company, the public utilities commission shall provide information and assistance to the electric light company in obtaining any bonus, extension, or other Phase I sulfur dioxide emission allowance that the company may be eligible to receive from the administrator of the United States environmental protection agency under Title IV of the "Clean Air Act Amendments of 1990," 104 Stat. 2584, 42 U.S.C.A. 7651.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.87 | Biomass Energy Program Fund.

Effective:
June 6, 2001
Latest Legislation:
House Bill 94 - 124th General Assembly
(A) To the extent funding is available in the biomass energy program fund, the public utilities commission shall maintain a program to promote the development and use of biomass energy.
(B) The biomass energy program fund is hereby created in the state treasury. Money received by the commission for the program maintained under this section shall be credited to the fund, and used for that program.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.911 | Compliance With Federal Design Requirements.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A)(1) Except as provided in division (A)(2) of this section:
(a) The public utilities commission shall require an operator of either of the following types of pipelines that was completely constructed on or after September 10, 2012, and that transports gas produced by a horizontal well to comply with the applicable pipe design requirements of 49 C.F.R. 192 subpart C:
(i) A gas gathering pipeline;
(ii) A processing plant gas stub pipeline.
(b) The commission shall also require the operator to do all of the following regarding that pipeline:
(i) Design, install, construct, initially inspect, and initially test the pipeline in accordance with the requirements of 49 C.F.R. 192 if the pipeline is new, replaced, relocated, or otherwise changed;
(ii) Control corrosion according to requirements of 49 C.F.R. 192 subpart I if the pipeline is metallic;
(iii) Establish and carry out a damage prevention program under 49 C.F.R. 192.614;
(iv) Establish and carry out a public education program under 49 C.F.R. 192.616;
(v) Establish the MAOP of the pipeline under 49 C.F.R. 192.619;
(vi) Install and maintain pipeline markers according to the requirements for transmission lines under 49 C.F.R. 192.707;
(vii) Perform leakage surveys according to requirements in 49 C.F.R. 192.706;
(viii) Retain a record of each required leakage survey conducted under division (A)(1)(b)(vii) of this section and 49 C.F.R. 192.706 for five years or until the next leakage survey is completed, whichever time period is longer.
(2) The commission may, at its discretion and in accordance with subsection (d) of 49 U.S.C. 60118, waive compliance with a pipe design requirement of 49 C.F.R. 192 subpart C.
(B)(1) Any person who plans to construct a pipeline subject to division (A) of this section after September 10, 2012, shall file with the public utilities commission division of pipeline safety a form approved by the division that includes all of the following information:
(a) The route of the proposed pipeline;
(b) The MAOP of the pipeline;
(c) The outside diameter of the pipeline;
(d) The wall thickness of the pipeline;
(e) The material that the pipeline will be made of;
(f) The yield strength of the pipeline.
The form shall be filed with the division not later than twenty-one days prior to the commencement of construction of the pipeline.
(2) Not later than sixty days after the completion of construction of a pipeline subject to division (B)(1) of this section, the operator of the pipeline shall file with the public utilities commission division of pipeline safety an explanation of the constructed pipeline's route and operating information.
(C) For purposes of this section:
(1) "Horizontal well" has the same meaning as in section 1509.01 of the Revised Code.
(2) "Operator" means any person that owns, operates, manages, controls, or leases a gas gathering pipeline or a processing plant gas stub pipeline.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.92 | Assessments Against Operators - Pipe-Line Safety Fund.

Effective:
April 16, 1993
Latest Legislation:
House Bill 365 - 119th General Assembly
(A) In addition to the assessment required by section 4905.10 of the Revised Code, the public utilities commission shall assess against all operators an amount equal to the appropriation in each fiscal year from the pipe-line safety fund. The assessment against each operator shall be based on the total Mcfs of gas it supplied or delivered in this state during the calendar year next preceding the assessment. The commission shall not assess against any operator an amount exceeding five one-hundredths of one cent multiplied by such total Mcfs of gas it supplied or delivered, except that, if the commission determines that an assessment so computed will amount to seventy-five dollars or less, the commission shall assess the operator seventy-five dollars.
(B) For the purpose of computing the assessment under division (A) of this section, each operator designated by the commission shall notify the commission, no later than ninety days after the end of the calendar year next preceding the assessment, of the total Mcfs of gas it supplied or delivered in this state during that calendar year.
(C) On or before the first day of October in each year, the commission shall notify each operator of the amount assessed against it under this section. No later than thirty days after the date the notice is given, the operator shall pay the assessment to the commission.
(D) There is hereby created in the state treasury the pipe-line safety fund into which shall be deposited all assessments paid under this section. Money in the fund shall be for the exclusive use of the commission for the administration and enforcement of sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code. Any such assessments paid into the pipe-line safety fund, but not expended by the commission, shall be credited ratably, after first deducting any deficits accumulated from prior years, by the commission to operators that pay more than the minimum assessment, according to the respective portions of the sums assessable against them for the ensuing calendar year. The assessments for that calendar year shall be reduced correspondingly.