Filed No Later Than March 31, 2025: Section 4905.311 of the Ohio Revised Code

Section 4905.311 of the Ohio Revised Code is headed "Behind the meter electric generation service regulation." The page prints "Effective: August 14, 2025" and "Legislation: House Bill 15" above its text. Under it, an electric distribution utility in Ohio may supply behind the meter electric generation service on certain terms, and certain of its costs may not be recovered from customers who are not receiving that service. All of it is reported here.

Facilities Filed by a Date

Part (A) gives the term "electric distribution utility" the meaning it has in section 4928.01 of the Revised Code. Part (B) opens "Notwithstanding any provision of the Revised Code to the contrary," and says such a utility "may supply behind the meter electric generation service." It may do so provided that any behind the meter electric generation facilities it intends to use to supply that service were filed with the public utilities commission under section 4928.47 of the Revised Code, "as that section existed prior to its repeal by H.B. 15 of the 136th General Assembly, no later than March 31, 2025."

The filing date in (B) came before the section took effect. A developer who wants a utility to supply behind the meter electric generation service in Ohio now depends on what was filed by then.

Costs, Inducements and Compliance

Under (C), no electric distribution utility shall recover any of the following costs "through any rate, charge, or recovery from retail electric service customers that are not receiving behind the meter electric generation service from the utility:"

• "Costs associated with supplying behind the meter electric generation service;"
• "Costs associated with any behind the meter electric generation service facility;"
• "Stranded costs associated with the closing of any behind the meter electric generation service facility or an end-use customer of the behind the meter electric generation service ceasing operations."

Part (D) says no electric distribution utility shall offer "direct, associated inducements for contracting with the utility for any behind the meter electric generation service." And under (E), the public utilities commission "shall periodically audit all electric distribution utilities that provide any behind the meter electric generation service to ensure compliance with this section."