Governor DeWine signs bills into law, issues vetoes

• Senate Bill 19, sponsored by State Senator Andrew O. Brenner (R-Delaware), with regard to academic intervention services at public schools, the list of approved diagnostic assessments, state achievement assessments, career-technical education for home-educated students, the presentation of information by youth organizations, and community schools of quality designations.
• Senate Bill 52, sponsored by State Senator Tim Schaffer (R-Lancaster),  to designate multiple memorial highways, including the “Congressman David Hobson Memorial Highway,” and to create multiple specialty license plates.
• Senate Bill 106, sponsored by State Senator Bill Reineke (R-Tiffin), regarding electric vehicle charging stations and to make corrections to provisions of Senate Bill 103 of the 136th General Assembly.
• Senate Bill 179, sponsored by State Senator Terry Johnson (R-McDermott), to require incarcerating institutions to verify the veteran status of incarcerated individuals.
• Senate Bill 219, sponsored by State Senator Al Landis (R-Dover), to make changes to the law governing oil and gas wells.
• House Bill 170, sponsored by State Representatives Monica Robb Blasdel (R-New Waterford) and Bob Peterson (R-Sabrina), to establish a process to regulate carbon capture and storage technologies and the geologic sequestration of carbon dioxide for long-term storage.

• House Bill 268, sponsored by State Representatives Latyna M. Humphrey (D–Columbus) and Gary Click (R-Vickery), to modify when a person may file a petition for a certificate of qualification for employment.

Governor DeWine also signed the following bill while issuing a line-item veto:

• House Bill 479, sponsored by State Representative Jean Schmidt (R-Loveland), to make appropriations and to provide authorization and conditions for the operation of state programs.

Governor DeWine issued the following line-item veto message regarding HB 479:

“This item would terminate previously appropriated funding to the Outdoor Recreation Council of Appalachia.  This funding termination would disrupt economic development related to the Baileys Trail System that is already in progress. In my time as Governor, I have worked to foster the economic development of Ohio’s outdoor recreation sector, and this item would unnecessarily harm this development in the Appalachian region of Ohio. Therefore, the veto of this item is in the public interest.”

Governor DeWine also vetoed  the following bills:

• House Bill 173, sponsored by State Representative David Thomas (R-Jefferson), regarding submetered utility services.
• House Bill 472, sponsored by State Representative Jodi Salvo (R-Bolivar), to require photo identification to cast absent voter’s ballots, with certain exceptions, to allow electors to apply for those ballots through a secure online portal, and to waive fees for an identification card or vital statistics record and permit the storage of documents for individuals experiencing homelessness.

Governor DeWine issued the following veto message regarding HB 173:

“The Supreme Court of Ohio has recently held that submetering companies, which buy and resell electricity at a profit, are public utilities regulated by the Public Utilities Commission of Ohio. Substitute House Bill 173 would exempt submetering companies from the definition of a public utility, although the Public Utilities Commission would still retain oversight authority.  However, while this bill does contain some consumer protections, they are not as robust as those afforded to customers of Ohio’s electric utilities.

“I commend the Legislature on the work done on this bill.  They included provisions to protect consumers.  However, the submetering model, itself, is fundamentally flawed.

“Specifically, under Substitute House Bill 173, submetering customers would not be able to choose their own provider of retail electric generation service.  Since 2001, consumers of electric distribution utilities in Ohio have had the ability to shop for generation service, resulting in a competitive retail market for electric generation in Ohio.  Many Ohioans have taken advantage of this market to choose their own generation supplier.  These Ohioans who are in submetering situations should have the right to choose their own electricity generation supplier.

“In addition, under this bill, customers served by submetering companies would be unable to participate in the Percentage of Income Payment Programs (PIPP) offered by Ohio’s electric utilities.  The PIPP programs offer critical financial support for the neediest Ohioans to maintain their electric service.  Substitute House Bill 173 would not permit these Ohioans to participate in PIPP or in a similar customer assistance program.

“Further, Substitute House Bill 173 would permit submetering companies to charge tenants for electric service provided to common areas, such as hallways, community rooms, and outdoor lighting.  As a consumer protection principle, tenants should only be individually billed for the electric service usage for which they are individually responsible.  Responsible renters shop and price compare properties based upon published rents, which consumers expect to include common charges.  The cost of electric service for common areas should not be collected through a separate electric assessment, as that would make rent prices less transparent at submetering properties, which is bad for consumers comparing properties.

“Even without Substitute House Bill 173, a more traditional submetering model could continue in Ohio in ways that do not harm consumers.  That traditional model, that is still widely used, has the property owner or a third-party billing company calculating the utility cost based on both actual usage and local utility rates and then issuing a bill to the tenant.  For that work, the third-party billing company is paid a fee by the property owner.  The billing company does not buy the electricity at wholesale price and sell it at retail price.

“Therefore, traditional submetering companies that do not buy and resell electricity, do not set the price of electricity or profit from the difference between the wholesale and retail electric rates, and do not bill and indirectly charge tenants for the cost of providing electricity throughout an apartment building or complex, would be allowed to submeter in the future to the benefit of landlords and tenants, alike.  However, submetering companies that purchase and resell electricity at a profit would continue to be public utilities subject to all Ohio laws governing electric utilities.

“If this bill became law, Ohio, for the first time, would be legitimizing and legalizing this flawed submetering model.  Therefore, this veto is in the public interest.”

Governor DeWine issued the following veto message regarding HB 472:

“House Bill 472 would not discourage fraud, would not add any real security, and would create an additional and significant burden for Ohioans who vote by mail.

“This bill is not needed, because Ohio does an excellent job running elections.  We know who wins on election night and not weeks later!

“Ohio does a good job of administering elections, as we have provided ample opportunities to cast votes, while avoiding the problems we have seen in recent federal elections in other states.  As Ohio Secretary of State Frank LaRose has said, ‘We’ve ensured Ohio elections are the gold standard nationwide.’

“The Ohio Association of Election Officials (OAEO) — a group of Republicans and Democrats, representing Ohio’s 88 county boards of elections and their staff members who are on the front lines of elections, works to ensure that Ohio’s elections are fair, accurate, and reliable.  This bipartisan group agrees that Ohio’s election system is strong and ‘is widely regarded as one of the most secure and well-administered in the nation.  The success of that system is the result of careful planning, adequate resources, bipartisan administration, and the ability of elections officials to implement changes thoughtfully and effectively.’

“The Ohio Legislature has worked hard to fine tune our election laws over the last few years.  In fact, since taking office as Governor in 2019, I have signed numerous election-related bills into law that help protect the integrity of the voting process.  Because much has already been done legislatively, I have said that a very compelling case must be made if we are to change Ohio’s election laws once again.

“House Bill 472 does not make that compelling case.

“H.B. 472 does not give voter officials any new tools to fight fraud.  The heart of this bill has to do with photo identification documents (IDs).  The purpose of a photo ID is to match the picture on the ID with the face of the person presenting the ID.  This makes logical sense when votes are cast in person.  However, requiring the photo ID for the mail-in ballot process does not provide election officials with any opportunity to verify if the ID picture matches the face of the voter and thereby serves as no additional verification of the voter’s true identity.

“Further, H.B. 472 would create a new burden for absentee voters by requiring them to take new, additional steps for their vote to be counted.  Absentee voters would now be required either to access a new online portal and learn how to use it to upload images of their photo ID, or make and print photocopies of their photo ID, or affirm they are exempt from these requirements via a specific form that does not yet exist but would need to be created by the Secretary of State.  While there may be disagreement whether these are large or small burdens, they are burdens, nonetheless, and when layered upon the existing steps already required to vote absentee and vote by mail, there would certainly be voters discouraged from exercising their right to vote.

“The burden added in H.B. 472 would particularly impact, as the Ohio Association of Election Official says, ‘senior citizens, individuals living in long-term care facilities, voters with mobility challenges, and those with limited access to technology may face additional burdens that could discourage participation or prevent otherwise eligible voters from casting a ballot.’  The American Association of Retired Persons (AARP) echoed these concerns, saying that ‘many older Ohioans have successfully voted absentee for years.  As requirements change, additional steps, verification requirements, or technical processes can create barriers if they are not carefully designed and clearly understood.  Even when well-intended, increased complexity can make it harder for eligible voters to successfully complete the process.’

“It should also be noted that H.B. 472 would require significant changes, including technical changes that are not funded.  According to the Ohio Legislative Service Commission, ‘The Secretary of State will incur significant costs either to create in-house or contract with an IT vendor to make and maintain a secure online portal allowing for the submission of absent voter ballot applications according to the bill’s specifications.’  Likewise, county Boards of Elections would incur new administrative costs with no additional resources provided.  In other words, this is an unfunded mandate both for the Ohio Secretary of State and for every county in Ohio.

“And so, while on paper, one can make the case that there is a pathway for absentee voters to overcome the hurdles to voting that this bill creates, if the net result is that a number of voters will be deterred from making the attempt to vote, that result is hurtful — not helpful — to our efforts to include all of our citizens in the most basic act that involves them in our democratic process.  The provision in H.B. 472 that allows for online absentee ballot applications is much needed, and I commend the Legislature for passing it.  It is unfortunate that it is in a bill that I must veto.

“H.B. 472 is all burden for so little benefit.  Therefore, this veto is in the public interest.”