Ohio Code 4933.41 – Access to natural gas service, propane; political subdivision restriction
(A) (1) Every person seeking to obtain distribution service or retail natural gas service has the right to obtain any available distribution service or retail natural gas service from a natural gas company with capacity to provide service to the person in that location or any available competitive retail natural gas service from any competitive retail natural gas service supplier certified to provide that service to that person in that location. Nothing in this section shall be construed to require a natural gas company to obtain or continue any exemption under section 4929.04 of the Revised Code.
Terms Used In Ohio Code 4933.41
- agriculture: includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119 of the Revised Code. See Ohio Code 1.61
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
(2) Every person seeking to obtain propane has the right to obtain propane from any energy dealer willing to provide propane to that customer in that location.
(B) (1) Division (A) (1) of this section is limited by Chapters 4905., 4929., and 4933. of the Revised Code, any regulations enacted by the public utilities commission thereunder, and any tariffs approved by the public utilities commission, and subject to Sections 4 and 6 of Article XVIII, Ohio Constitution.
(2) Division (A)(2) of this section is limited by Chapter 936 of the Revised Code and any regulations enacted by the director of the department of agriculture thereunder, and subject to Sections 4 and 6 of Article XVIII, Ohio Constitution.
(C) No legislative or executive authority of any political subdivision shall enact any ordinance or resolution or promulgate or impose any building code, contractual provision, or other requirement that limits, prohibits, or prevents residential, commercial, or industrial consumers within their boundaries from using the following:
(1) Distribution service or retail natural gas service that would otherwise be available to those consumers under Title 49 and regulations promulgated thereunder ;
(2) Propane.
(D) Except as set forth in division (C) of this section, nothing in section 4933.41 of the Revised Code is intended to inhibit or restrict a municipality’s right and ability to enter into and administer franchise agreements pursuant to Sections 4 and 6 of Article XVIII, Ohio Constitution, and sections 4939.01 to 4939.09 of the Revised Code.
(E) Nothing in this section shall be construed either to limit a natural gas company’s ability to provide service to new customers or to require free extensions of service.
(F) Nothing in this section shall be construed to prevent or limit a municipal corporation from exercising its authority pursuant to sections 4928.20 to 4928.28 of the Revised Code.
Last updated July 9, 2021 at 5:17 PM