AN ORDINANCE AUTHORIZING ALL ACTIONS NECESSARY TO EFFECT A GOVERNMENTAL ELECTRICITY AGGREGATION PROGRAM WITH OPT-OUT PROVISIONS PURSUANT TO OHIO REVISED CODE SECTION 4928.20 AND DIRECTING THE HOLMES COUNTY BOARD OF ELECTIONS TO SUBMIT A BALLOT QUESTION TO THE ELECTORS
WHEREAS, the Ohio Legislature has enacted electric deregulation legislation (“Am. Sub. S.B. No. 3”) which authorizes the legislative authorities of municipal corporations, Villages, and counties to aggregate the retail electrical loads located in the respective jurisdictions and to enter into service agreements to facilitate for those loads the purpose and sale of electricity;
WHEREAS, such legislative authorities may exercise such authority jointly with any other legislative authorities;
WHEREAS, governmental aggregation provides an opportunity for residential and small business customers collectively to participate in the potential benefits of electricity deregulation through lower electric rates which they would not otherwise be able to have individually;
WHEREAS, this Council seeks to establish a governmental aggregation program with opt-out provisions pursuant to Ohio Revised Code Section 4928.20 (the “Aggregation Program”), for the residents, businesses and other electric consumers in Village of Killbuck and in conjunction jointly with any other municipal corporation, Village, county or other political subdivision of the State of Ohio, as permitted by law.
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF VILLAGE OF KILLBUCK, HOLMES COUNTY, STATE OF OHIO:
SECTION 1. This Council finds and determines that it is in the best interest of Village of Killbuck, Ohio, its residents, businesses and other electric consumers located within the corporate limits of the Village of Killbuck to establish the Aggregation Program in the Village. Provided that this Ordinance and the Aggregation Program is approved by the electors of the Village of Killbuck, Ohio pursuant to Section 2 of this Ordinance, the Village is hereby authorized to aggregate, in accordance with Ohio Revised Code Section 4928.20, the retail electrical loads located within Village of Killbuck, Ohio, and, for that purpose, to enter into service agreements to facilitate for those loads the sale and purchase of electricity. The Village of Killbuck may exercise such authority jointly with any other municipal corporation, Village, or county or other political subdivision of the State of Oho to the full extent permitted by law. The aggregation will occur automatically for each person owning, occupying, controlling, or using an electric load center proposed to be aggregated and will provide for the opt-out rights described in Section 3 of this Ordinance.
SECTION 2. The Board of Elections of Holmes County, Ohio is hereby directed to submit the following question to the electors of Village of Killbuck, Ohio at the primary election on March 19, 2024:
Shall the Village of Killbuck have the authority to aggregate the retail electric loads located in the Village, and for that purpose, enter into service agreements to facilitate for those loads the sale and purchase of electricity, such aggregation to occur automatically except where any person elects to opt out?
SECTION 3. The Fiscal Officer of this Council is instructed immediately to file a certified copy of this Ordinance and the proposed form of the ballot question with the County Board of Elections not less than ninety (90) days prior to March 19, 2024. The Aggregation Program shall not take effect unless approved by a majority of the electors voting upon this Ordinance and the Aggregation Program provided for herein at the election held pursuant to this Section 2 and Section 4928.20 of the Ohio Revised Code.
SECTION 4. Upon the approval of a majority of the electors voting at the election provided for in Section 2 of this Ordinance, this Council individually or jointly with any other political subdivision, shall develop a plan of operation and governance for the Aggregation Program. Before adopting such plan, this Council shall hold at least two public hearings on the plan. Before the first hearing, notice of the hearings shall be published once a week for two consecutive weeks in a newspaper of general circulation in the Village. The notice shall summarize the plan and state the date, time, and location of each hearing. No plan adopted by this Council shall aggregate the electrical load of any electric load center within the Village unless it in advance clearly discloses to the person owning, occupying, controlling, or using the load center that the person will be enrolled automatically in the Aggregation Program and will remain so enrolled unless the person affirmatively elects by a stated procedure not to be so enrolled. The disclosure shall state prominently the rates, charges, and other terms and conditions of enrollment. The stated procedure shall allow any person enrolled in the Aggregation Program the opportunity to opt out of the program every three years without paying a switching fee. Any such person that opts out of the Aggregation Program pursuant to the stated procedure shall default to the standard service offer provided under division (a) of Ohio Revised Code Section 4928.14 or division (d) of Ohio Revised Code Section 4928.35, until the person chooses an alternative supplier.
SECTION 5. This Council finds and determines that all formal actions of this Council concerning and relating to the adoption of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council and of any committees that resulted in those formal actions were in meetings open to the public in compliance with the law.
SECTION 6. This Ordinance is hereby declared to be an emergency measure, necessary for the immediate preservation of the public peace, health, or safety, for the reason that it is necessary for this Ordinance to go into immediate effect and be submitted to the County Board of Elections not less than ninety (90) days prior to March 19, 2024.
Adopted at a meeting of the Village Council this 15th day of November, 2023.
SIGNATURES ON FILE