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Section 4928.581 | [Repealed effective 09/30/2025 by H.B. 96, 136th General Assembly] Report on universal service fund.

...(A) The public benefits advisory board shall conduct an independent investigation and analysis for the purpose of making the report required under division (B) of this section. (B) With the approval of a majority of its voting members, the board shall prepare a written report containing all of the following: (1) For each year since the establishment of the universal service fund and for each electric distribution u...

Section 4928.582 | [Repealed effective 09/30/2025 by H.B. 96, 136th General Assembly] Authority to obtain professional services.

...(A) To discharge the duties under section 4928.581 of the Revised Code, the public benefits advisory board may obtain professional services as the board determines appropriate. The professionals shall be promptly reimbursed by the director of development services for the actual and necessary expenses incurred in the performance of their duties under section 4928.581 of the Revised Code. The reimbursements constitute ...

Section 4928.583 | [Repealed effective 09/30/2025 by H.B. 96, 136th General Assembly] Response to requests.

...The director of development services, the public utilities commission, and each electric distribution utility shall promptly respond to requests by the public benefits advisory board for information needed to prepare the report required under section 4928.581 of the Revised Code.

Section 3738.05 | [Renumbered as R.C. 5180.274 by H.B. 96, 136th General Assembly, effective 9/30/2025] Production of documents; family member participation.

...ls or families, law enforcement agency, health care provider, or other public or private entity that provided services to a woman whose death is being reviewed by the PAMR board shall submit to the board a copy of any record it possesses that the board requests. In addition, such an individual or entity may make available to the board additional information, documents, or reports that could be useful to the board's i...

Section 4928.61 | Energy efficiency revolving loan fund.

...(A) There is hereby established in the state treasury the advanced energy fund, into which shall be deposited all advanced energy revenues remitted to the director of development under division (B) of this section, for the exclusive purposes of funding the advanced energy program created under section 4928.62 of the Revised Code and paying the program's administrative costs. Interest on the fund shall be credit...

Section 3738.06 | [Amended and renumbered as R.C. 5180.275 by H.B. 96, 136th General Assembly, effective 9/30/2025] Confidentiality.

...and data submitted to the department of health by the board, other than the biennial reports described in section 3738.08 of the Revised Code, are confidential and not a public record under section 149.43 of the Revised Code. Such materials shall be used by the board and department only in the exercise of the proper functions of the board and department. (B) No person shall permit or encourage the unauthorized diss...

Section 3738.07 | [Renumbered as R.C. 5180.276 by H.B. 96, 136th General Assembly, effective 9/30/2025] Immunity from civil liability.

...(A) An individual or public or private entity providing records, documents, reports, or other information to the PAMR board is immune from any civil liability for injury, death, or loss to person or property that otherwise might be incurred or imposed as a result of providing the records, documents, reports, or information to the board. (B) Each board member is immune from any civil liability for injury, death, or ...

Section 3738.08 | [Amended and renumbered as R.C. 5180.277 by H.B. 96, 136th General Assembly, effective 9/30/2025] Reports.

... copy of each report to the director of health, the general assembly, and the governor. The copy to the general assembly shall be submitted in accordance with section 101.68 of the Revised Code. The initial report shall be submitted not later than March 1, 2020, with subsequent reports submitted not later than March 1 every two years thereafter. The director shall make a copy of each report available on the departm...

Section 3738.09 | [Amended and renumbered as R.C. 5180.278 by H.B. 96, 136th General Assembly, effective 9/30/2025] Rulemaking authority.

...The director of health shall adopt rules that are necessary for the implementation of sections 3738.01 to 3738.08 of the Revised Code, including rules that do all of the following: (A) Establish a procedure for the PAMR board to follow in conducting pregnancy-associated death reviews; (B) Specify the data and other relevant information the board must use when conducting pregnancy-associated death reviews; (C) E...

Section 3739.01 | Cigarette ignition propensity standards definitions.

...As used in this chapter: (A) "Agent" means any person licensed by a county auditor or the tax commissioner to purchase and affix adhesive or meter stamps on packages of cigarettes pursuant to Chapter 5743. of the Revised Code. (B) "Brand family" means all styles of cigarettes sold under the same trademark and differentiated from one another by means of additional modifiers or descriptors, including, but not l...

Section 4928.62 | Energy efficiency revolving loan program.

...(A) There is hereby created the advanced energy program, which shall be administered by the director of development. Under the program, the director may authorize the use of moneys in the advanced energy fund for financial, technical, and related assistance for advanced energy projects in this state or for economic development assistance, in furtherance of the purposes set forth in section 4928.63 of the Revise...

Section 3739.02 | Cigarette presale testing requirements.

...Except as otherwise permitted in section 3739.12 of the Revised Code, no person shall sell or offer to sell cigarettes in this state or sell or offer to sell cigarettes to persons located in this state unless all of the following requirements are met: (A) The manufacturer of the cigarettes has the cigarettes tested in accordance with the testing method specified in section 3739.03 of the Revised Code or th...

Section 4928.621 | Creating an advanced energy manufacturing center.

...(A) Any Edison technology center in this state is eligible to apply for and receive assistance pursuant to section 4928.62 of the Revised Code for the purposes of creating an advanced energy manufacturing center in this state that will provide for the exchange of information and expertise regarding advanced energy, assisting with the design of advanced energy projects, developing workforce training programs fo...

Section 3739.03 | Laboratory ignition propensity testing.

...(A) A manufacturer shall have a laboratory conduct the testing required under division (B) of this section. The laboratory that the manufacturer uses for the testing shall be accredited pursuant to the international organization for standardization and international electrotechnical commission standard 17025 of the international organization for standardization, or another comparable accreditation standard req...

Section 3739.04 | Approval of alternative test method.

...(A) If a manufacturer manufactures a cigarette that the state fire marshal determines cannot be tested in accordance with division (B) of section 3739.03 of the Revised Code, the state fire marshal shall require the manufacturer to propose and submit a test method and performance standard for the cigarette to the state fire marshal for approval. If the state fire marshal determines that the test method and perf...

Section 4928.63 | Purpose of energy efficiency program.

...The director of development and the public benefits advisory board have the powers and duties provided in sections 4928.61 and 4928.62 of the Revised Code, in order to promote the welfare of the people of this state; stabilize the economy; assist in the improvement and development within this state of not-for-profit entity, industrial, commercial, distribution, residential, and research buildings and activities requi...

Section 3739.05 | Manufacturer to retain copies of test reports.

...(A) Each manufacturer shall maintain copies of the reports of all tests conducted on all cigarettes offered for sale in this state for a period of three years after a test is concluded, and shall make copies of these reports available to the state fire marshal and the attorney general upon receipt of a written request from the state fire marshal or attorney general. (B) No manufacturer shall fail to make t...

Section 3739.06 | Mark of compliance on cigarette package.

...(A) A manufacturer, shall place a marking on each package of cigarettes that is certified under section 3739.07 of the Revised Code. The marking shall be in eight-point type or larger, permanently printed, stamped, engraved, or embossed upon the cigarette package or cellophane wrap at or near the UPC code on the package, and consist of only the letters "FSC" that shall signify "fire standards compliant." (...

Section 3739.07 | Manufacturer's certification of compliance.

...(A) Each manufacturer shall submit to the state fire marshal a written certification that each type of cigarette listed in the certification has been tested in accordance with division (B) of section 3739.03 or section 3739.04 of the Revised Code and each type of cigarette listed in the certification meets the performance standard set forth in division (B) of section 3739.03 of the Revised Code or approved unde...

Section 3739.08 | Bands indicating lower paper permeability.

...Each cigarette a manufacturer lists in a certification submitted pursuant to section 3739.07 of the Revised Code for which the manufacturer uses lowered permeability bands in the cigarette paper to comply with the testing requirements described in division (B) of section 3739.03 of the Revised Code shall have either of the following bands surrounding the tobacco column: (A) For cigarettes on which bands are n...

Section 3739.09 | Triannual cigarette recertification.

...A manufacturer shall recertify each cigarette the manufacturer certifies pursuant to section 3739.07 of the Revised Code every three years. A manufacturer that certifies a cigarette in accordance with that section and that subsequently makes any change to that cigarette that alters the cigarette in such a way that the manufacturer knows that the cigarette is likely to no longer meet the standard specified in ...

Section 3739.10 | Copy of certification provided to dealers.

...A manufacturer that certifies its cigarettes in accordance with section 3739.07 of the Revised Code shall provide a copy of the certifications to each wholesale dealer and agent to which the manufacturer sells cigarettes and shall provide sufficient copies of an illustration of the package marking used by the manufacturer pursuant to section 3739.06 of the Revised Code for each retail dealer to which the wholes...

Section 3739.11 | Testing and enforcement powers of fire marshal.

...The state fire marshal may conduct testing on cigarettes certified by a manufacturer pursuant to section 3739.07 of the Revised Code to determine whether the manufacturer complied with the requirements of this chapter. The state fire marshal shall conduct any such testing in accordance with division (B) of section 3739.03 of the Revised Code. Whenever the state fire marshal or a designee of the state fire mar...

Section 3739.12 | Exemption for out-of-state stamping or packaging.

...(A) Nothing in this chapter shall be construed to prohibit any person or entity from manufacturing or selling cigarettes that do not meet the requirements specified in this chapter if the cigarette's packaging is or will be stamped for sale in another state or is packaged for sale outside of the United States, and that person or entity has taken reasonable steps to ensure that those cigarettes will not be sold ...

Section 3739.13 | Rules for administration of chapter.

...The implementation and substance of the New York fire safety standards for cigarettes shall be persuasive authority in implementing this chapter. The state fire marshal and attorney general may adopt rules, pursuant to Chapter 119. of the Revised Code, as necessary to administer this chapter. The tax commissioner may adopt rules, pursuant to division (M) of section 5703.05 of the Revised Code and section 5703...

Section 3739.14 | Evaluation of chapter effectiveness.

...The state fire marshal shall periodically evaluate the effectiveness of this chapter. The state fire marshal shall submit a report that consists of the state fire marshal's findings to the general assembly on the first day of the forty-ninth month after the effective date of this section, and every three years after that date.

Section 3739.15 | Conflicting local laws preempted.

...Notwithstanding any provision of law to the contrary, no political subdivision of this state may enact or enforce any ordinance or other local law or regulation that conflicts with or preempts this chapter or any policy of this state expressed in this chapter.

Section 3739.16 | Preemption of chapter by federal standards.

...No person is required to comply with this chapter or the rules adopted pursuant to it if a federal reduced cigarette ignition propensity standard that preempts this chapter or rules adopted under it is adopted and becomes effective.

Section 3739.17 | Immunity for acts in compliance with chapter.

...In addition to any other immunities, defenses, and exclusions provided under the Revised Code, the state, the department of taxation, the department of commerce, the division of the fire marshal within the department of commerce, and any employees of the state, either department, or the division, are immune from liability in any civil action or proceeding arising from the performance or nonperformance of an...

Section 3739.18 | Manufacturer's certification fee - enforcement and prevention funds.

...(A) A manufacturer shall pay the state fire marshal a fee of one thousand dollars or an adjusted fee pursuant to division (B) of this section for each type of brand family included in a certification required under division (A) of section 3739.07 of the Revised Code. The fee for each type of brand family includes any new cigarette certified under this chapter within that brand family during the three-year cer...

Section 3739.99 | Civil penalties for violation of chapter.

...(A) A manufacturer who violates division (B) of section 3739.05 of the Revised Code shall be subject to a civil penalty not to exceed ten thousand dollars for each day after the sixtieth day that the manufacturer fails to comply with that division. (B) A manufacturer, wholesale dealer, agent, or any other person other than a retail dealer who knowingly sells or offers to sell cigarettes in violation of sectio...

Section 4928.64 | Electric distribution utility to provide electricity from qualifying renewable energy resources.

...(A)(1) As used in this section, "qualifying renewable energy resource" means a renewable energy resource, as defined in section 4928.01 of the Revised Code that: (a) Has a placed-in-service date on or after January 1, 1998; (b) Is any run-of-the-river hydroelectric facility that has an in-service date on or after January 1, 1980; (c) Is a small hydroelectric facility; (d) Is created on or after January 1,...

Section 4928.641 | Costs being recovered through bypassable charge.

...(A) If an electric distribution utility has executed a contract before April 1, 2014, to procure renewable energy resources and there are ongoing costs associated with that contract that are being recovered from customers through a bypassable charge as of September 12, 2014, that cost recovery shall, regardless of the amendments to section 4928.64 of the Revised Code by H.B. 6 of the 133rd general assembly, continue ...

Section 4928.642 | [Repealed effective 8/14/2025 by H.B. 15, 136th General Assembly] Reduction from compliance amount.

...Beginning with compliance year 2020, the public utilities commission shall, in accordance with this section, reduce the number of kilowatt hours required for compliance with section 4928.64 of the Revised Code for all electric distribution utilities and all electric services companies in this state. The commission shall determine each utility's and each company's reduction by taking the total amount of kilowatt hours...

Section 3740.01 | Definitions.

...garding a patient; (3) For each home health agency individually, any other routine service or activity that the chief administrator of the home health agency designates as direct care. (E) "Disqualifying offense" means any of the offenses listed or described in divisions (A)(3)(a) to (e) of section 109.572 of the Revised Code. (F) "Employee" means a person employed by a home health agency in a full-time, par...

Section 4928.643 | Baselines for compliance with qualified renewable energy resource requirements.

...(A) Except as provided in division (B) of this section and section 4928.644 of the Revised Code, the baseline for an electric distribution utility's or an electric services company's compliance with the qualified renewable energy resource requirements of section 4928.64 of the Revised Code shall be the average of total kilowatt hours sold by the utility or company in the preceding three calendar years to the fo...

Section 4928.644 | Adjustments to baselines.

...(A) The public utilities commission may reduce either baseline described in section 4928.643 of the Revised Code to adjust for new economic growth in the electric distribution utility's certified territory or in the electric services company's service area in this state. (B) To facilitate the competitiveness of mercantile customers located in this state that are registered as self-assessing purchasers under divisio...

Section 4928.645 | Use of renewable energy credits.

...(A) An electric distribution utility or electric services company may use, for the purpose of complying with the requirements under divisions (B)(1) and (2) of section 4928.64 of the Revised Code, renewable energy credits any time in the five calendar years following the date of their purchase or acquisition from any entity, including, but not limited to, the following: (1) A mercantile customer; (2) An owner or...

Section 4928.65 | Adoption of rules governing disclosure of costs to customers of the renewable energy resource, energy efficiency savings, and peak demand reduction requirements.

...(A) Not later than January 1, 2015, the public utilities commission shall adopt rules governing the disclosure of the costs to customers of the renewable energy resource, energy efficiency savings, and peak demand reduction requirements of sections 4928.64 and 4928.66 of the Revised Code. The rules shall include both of the following requirements: (1) That every electric distribution utility list, on all cust...

Section 4928.66 | Implementing energy efficiency programs.

...(A)(1)(a) Beginning in 2009, an electric distribution utility shall implement energy efficiency programs that achieve energy savings equivalent to at least three-tenths of one per cent of the total, annual average, and normalized kilowatt-hour sales of the electric distribution utility during the preceding three calendar years to customers in this state. An energy efficiency program may include a combined heat and po...

Section 4928.661 | Low-income customer portfolio plan re-established.

...(A) If an electric distribution utility had a portfolio plan that terminated on December 31, 2020, pursuant to division (F) of section 4928.66 of the Revised Code and included a program that benefited, and was limited to, low-income customers with an annual income at or below two hundred per cent of the federal poverty level, the utility shall re-establish the part of the portfolio plan that included the low-income p...

Section 4928.662 | Measurement and determination of compliance with demand reduction requirements.

...For the purpose of measuring and determining compliance with the energy efficiency and peak demand reduction requirements under section 4928.66 of the Revised Code, the public utilities commission shall count and recognize compliance as follows: (A) Energy efficiency savings and peak demand reduction achieved through actions taken by customers or through electric distribution utility programs that comply wit...

Section 4928.6610 | Definitions for R.C. 4928.6611 to 4928.6615.

...As used in sections 4928.6611 to 4928.6615 of the Revised Code: (A) "Customer" means either of the following: (1) Effective January 1, 2020, a mercantile customer as defined in section 4928.01 of the Revised Code; (2) Any customer of an electric distribution utility to which either of the following applies: (a) The customer receives service above the primary voltage level as determined by the utility's tari...

Section 4928.6611 | Opting out of portfolio plan.

...Beginning January 1, 2017, a customer of an electric distribution utility may opt out of the opportunity and ability to obtain direct benefits from the utility's portfolio plan. Such an opt out shall extend to all of the customer's accounts, irrespective of the size or service voltage level that are associated with the activities performed by the customer and that are located on or adjacent to the customer's pr...

Section 4928.6612 | Notice of intent.

...Any customer electing to opt out under section 4928.6611 of the Revised Code shall do so by providing a verified written notice of intent to opt out to the electric distribution utility from which it receives service and submitting a complete copy of the opt-out notice to the secretary of the public utilities commission. The notice provided to the utility shall include all of the following: (A) A statement i...

Section 4928.6613 | Effect of election to opt out.

...Upon a customer's election to opt out under section 4928.6611 of the Revised Code and commencing on the effective date of the election to opt out, no account properly identified in the customer's verified notice under division (C) of section 4928.6612 of the Revised Code shall be subject to any cost recovery mechanism under section 4928.66 of the Revised Code or eligible to participate in, or directly benefit f...

Section 4928.6614 | Opting in.

...(A) A customer subsequently may opt in to an electric distribution utility's portfolio plan after a previous election to opt out under section 4928.6611 of the Revised Code if both of the following apply: (1) The customer has previously opted out for a period of at least three consecutive calendar years. (2) The customer gives twelve months' advance notice of its intent to opt in to the public utilities commi...

Section 4928.6615 | Notice of intent to opt in.

...Any customer electing to opt in under section 4928.6614 of the Revised Code shall do so by providing a written notice of intent to opt in to the electric distribution utility from which it receives service and submitting a complete copy of the opt-in notice to the secretary of the public utilities commission. The notice shall include all of the following: (A) A statement indicating that the customer has elect...

Section 4928.67 | Standard contract or tariff providing for net energy metering.

...(A)(1) Except as provided in division (A)(2) of this section, an electric utility shall develop a standard contract or tariff providing for net metering. That contract or tariff shall be identical in rate structure, all retail rate components, and any monthly charges to the contract or tariff to which the same customer would be assigned if that customer were not a customer-generator. (2) An electric u...

Section 4928.68 | Rules establishing greenhouse gas emission reporting requirements.

...To the extent permitted by federal law, the public utilities commission shall adopt rules establishing greenhouse gas emission reporting requirements, including participation in the climate registry, and carbon dioxide control planning requirements for each electric generating facility that is located in this state, is owned or operated by a public utility that is subject to the commis...