Rep. Brennan Votes No on Submetered Utility Bill, Citing Consumer Protection Concerns
COLUMBUS – State Rep. Sean Patrick Brennan (D-Parma) Wednesday announced that he voted NO on amended House Bill (HB) 173, which changes Ohio law to regulate submetered utility services and creates new rules for how these services are provided to residents.
Rep. Brennan opposed the bill due to serious concerns about consumer protections, fairness, and accountability.
“This legislation creates a second-class status for thousands of Ohio utility consumers,” said Rep. Brennan. “Residents served by submetering companies would not receive the same rights and protections afforded to traditional utility customers regulated by the Public Utilities Commission of Ohio (PUCO). That is unacceptable.”
Under the amended bill, many renters - often low-income seniors, college students, and working families - would continue to receive service from third-party submetering companies rather than directly from regulated utilities. Unlike customers of traditional utilities, these consumers may lack:
- Full access to PUCO complaint processes;
- Established consumer billing protections; and
- Transparent rate-setting standards.
“This bill locks in a system where some Ohioans have fewer rights simply because of where they live,” continued Rep. Brennan.
Rep. Brennan also raised concerns about language in the legislation that could allow submetering companies to pass along additional charges to consumers. Potential add-ons may include:
- Charges for wiring, meters, and related equipment;
- Installation and infrastructure costs;
- Ongoing maintenance or administrative fees; and
- Other loosely defined service-related charges.
“These are the kinds of provisions that open the door to junk fees,” added Rep. Brennan. “Renters could see line items on their bills for infrastructure and equipment that would traditionally be the responsibility of a regulated utility or property owner.”
The bill’s enforcement mechanisms also concern Rep. Brennan. While the legislation allows PUCO to impose fines of up to $100 per violation per impacted dwelling unit, he believes that this is insufficient
“If companies violate the law, modest fines will not deter misconduct,” said Rep. Brennan. “They will simply be absorbed and passed along to consumers.”
Additionally, Rep. Brennan expressed concern that administrative processes—such as notices of deficiency and interim compliance plans—may limit renters’ ability to seek full legal recourse.
“No Ohioan should have to give up their day in court to keep the lights on,” added Rep. Brennan.
Rep. Brennan noted that proponents of the bill failed to demonstrate clear benefits for consumers.
“In committee hearings, representatives of the submetering industry were, at times, disingenuous in their responses about consumer protections and cost savings,” continued Rep. Brennan. “At the end of the day, this model primarily benefits the submetering company and the landlord - generating profit from essential services - while renters assume the risk.”
Rep. Brennan also questioned what happens if a submetering company:
- Cannot meet energy demand;
- Experiences financial distress or bankruptcy; and
- Fails to properly maintain infrastructure.
“What protections are in place for residents if a company collapses or cannot deliver reliable service?” asked Rep. Brennan. “The bill does not provide clear, strong safeguards to ensure uninterrupted service or financial accountability.”
The legislation also raises fairness concerns for tenants whose properties are converted to submetering systems.
“Many renters may have no meaningful choice if their building converts to submetered service,” said Rep. Brennan. “They could be forced into a new billing structure without the protections enjoyed by other Ohio utility customers.”
Rep. Brennan emphasized that access to heat, electricity, and water is not a luxury - it is a necessity.
“Utility service is essential to daily life. If we are going to allow private companies to operate in this space, they must be held to the same standards as traditional utilities. This bill does not meet that standard,” continued Rep. Brennan. “I will always stand with Ohio consumers - especially seniors, students, and working families - over corporate interests.”
Rep. Brennan also pledged to continue monitoring the submetering industry closely.
“I will call out anti-consumer behavior whenever I see it,” concluded Rep. Brennan. “Ohioans deserve fair treatment and full protection, and I will keep fighting to ensure submetering companies are held accountable.”