OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
S.B. 228 Bill Analysis
135th General Assembly
Click here for S.B. 228’s Fiscal Note
Version: As Introduced
Primary Sponsor: Sen. Smith
Effective date:
Rocky Hernandez, Attorney
SUMMARY
 Requires the Public Utilities Commission (PUCO) to issue an order requiring the refund
of any amounts collected by a public utility from consumers determined to be unlawful
if the PUCO decision permitting that collection is reversed by the Ohio Supreme Court or
another entity having the authority to do so.
DETAILED ANALYSIS
Refunds of unlawful utility charges
The bill requires, notwithstanding any contrary Revised Code provision, that the Public
Utilities Commission (PUCO) issue an order requiring the refund of the amounts collected from
consumers determined to be unlawful if the PUCO decision permitting that collection is
reversed by the Ohio Supreme Court or another entity having authority to do so. PUCO must
issue the order requiring a refund within 30 days of the decision. Full refunds, plus interest,
must be completed within 120 days of the date of the final order of the Supreme Court or other
entity.1
Although not specifically identified by the bill, the statutory “filed rate rule” is what it
supersedes. That rule prohibits utilities from issuing refunds from rates that were approved by
PUCO and collected, but later found unreasonable or unlawful.2
1 R.C. 4903.191.
2 R.C. 4905.32, not in the bill; Keco Industries, Inc. v. Cincinnati & Suburban Bell Tel. Co., 166 Ohio St. 254
(1957).
February 28, 2024
Office of Research and Drafting LSC Legislative Budget Office
HISTORY
Action Date
Introduced 02-27-24
ANSB0228IN-135/ks
P a g e |2 S.B. 228
As Introduced