| Section 1. That sections 717.25, 1710.061, 3706.25, 4905.31, | 23 |
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4928.01, 4928.143, 4928.20, 4928.61, 4928.65, 5501.311, and | 24 |
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5727.75 be amended; section 4928.64 be amended and recodified by | 25 |
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subdividing it into sections 4928.641, 4928.642, 4928.643, | 26 |
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4928.644, 4928.645, 4928.646, 4928.647, 4928.648, and 4928.649; | 27 |
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section 4928.66 be amended and recodified by subdividing it into | 28 |
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sections 4928.661, 4928.662, 4928.665, 4928.666, 4928.667, | 29 |
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4928.668, 4928.6625, 4928.6626, 4928.6627, 4928.6650, 4928.6651, | 30 |
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4928.6655, 4928.6656, 4928.6657, and 4928.6658; that new section | 31 |
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4928.66 and sections 4928.6410, 4928.6610, 4928.6611, 4928.6612, | 32 |
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4928.6613, 4928.6615, 4928.6616, 4928.6617, 4928.6618, 4928.6619, | 33 |
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4928.6620, 4928.6621, 4928.6622, 4928.6623, 4928.6630, 4928.6631, | 34 |
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4928.6632, 4928.6633, 4928.6634, 4928.6635, 4928.6636, 4928.6640, | 35 |
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4928.6641, 4928.6642, 4928.6645, 4928.6646, 4928.6647, 4928.6659, | 36 |
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and 4928.6660 of the Revised Code be enacted to read as follows: | 37 |
| (3) Facilities for making loans from the alternative energy | 80 |
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revolving loan fund, including an explanation of how owners of | 81 |
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real property within the municipal corporation may qualify for | 82 |
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loans from the fund, a description of the alternative energy and | 83 |
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energy efficiency technologies and related equipment for which a | 84 |
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loan can be made from the fund, authorization of a municipal | 85 |
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agency to process applications for loans and otherwise to | 86 |
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administer the low-cost alternative energy revolving loan program, | 87 |
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a procedure whereby loans can be applied for, criteria for | 88 |
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reviewing and accepting or denying applications for loans, | 89 |
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criteria for determining the appropriate amount of a loan, the | 90 |
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interest rate to be charged, the repayment schedule, and other | 91 |
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terms and conditions of a loan, and procedures for collecting | 92 |
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loans that are not repaid according to the repayment schedule; | 93 |
| (E) A mercantile customer that realizes energy efficiency | 129 |
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savings or reduction in demand produced by alternative energy | 130 |
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technologies or energy efficiency technologies, products, or | 131 |
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activities that it owns and for which a loan has been made under | 132 |
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this section may elect to commit the savings or reduction to the | 133 |
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electric distribution utility in exchange for an exemption from an | 134 |
energy efficiency cost recovery mechanism permitted under section | 135 |
| sections 4928.66 to 4928.6660 of the Revised Code, approved by the | 136 |
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public utilities commission. | 137 |
| (A) "Advanced energy project" means any technologies, | 179 |
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products, activities, or management practices or strategies that | 180 |
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facilitate the generation or use of electricity or any type of | 181 |
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energy and that reduce or support the reduction of energy | 182 |
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consumption or support the production of clean, renewable energy | 183 |
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for industrial, distribution, commercial, institutional, | 184 |
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governmental, research, not-for-profit, or residential energy | 185 |
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users including, but not limited to, advanced energy resources and | 186 |
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renewable energy resources. "Advanced energy project" includes any | 187 |
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project described in division (A), (B), or (C) of section 4928.621 | 188 |
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of the Revised Code. | 189 |
| (E) "Renewable energy resource" means solar photovoltaic or | 217 |
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solar thermal energy, regardless of whether electricity is | 218 |
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produced, wind energy, power produced by a hydroelectric facility, | 219 |
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geothermal energy, regardless of whether electricity is produced, | 220 |
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fuel derived from solid wastes, as defined in section 3734.01 of | 221 |
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the Revised Code, through fractionation, biological decomposition, | 222 |
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or other process that does not principally involve combustion, | 223 |
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biomass energy, energy produced by cogeneration technology that is | 224 |
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placed into service on or before December 31, 2015, and for which | 225 |
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more than ninety per cent of the total annual energy input is from | 226 |
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combustion of a waste or byproduct gas from an air contaminant | 227 |
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source in this state, which source has been in operation since on | 228 |
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or before January 1, 1985, provided that the cogeneration | 229 |
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technology is a part of a facility located in a county having a | 230 |
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population of more than three hundred sixty-five thousand but less | 231 |
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than three hundred seventy thousand according to the most recent | 232 |
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federal decennial census, biologically derived methane gas, or | 233 |
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energy derived from nontreated by-products of the pulping process | 234 |
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or wood manufacturing process, including bark, wood chips, | 235 |
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sawdust, and lignin in spent pulping liquors. "Renewable energy | 236 |
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resource" includes, but is not limited to, any energy derived from | 237 |
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a fuel cell used in the generation of electricity, including, but | 238 |
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not limited to, a proton exchange membrane fuel cell, phosphoric | 239 |
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acid fuel cell, molten carbonate fuel cell, or solid oxide fuel | 240 |
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cell; wind turbine located in the state's territorial waters of | 241 |
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Lake Erie; methane gas emitted from an abandoned coal mine; | 242 |
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storage facility that will promote the better utilization of a | 243 |
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renewable energy resource that primarily generates off peak; or | 244 |
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distributed generation system used by a customer to generate | 245 |
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electricity from any such energy. As used in this division, | 246 |
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"hydroelectric facility" means a hydroelectric generating facility | 247 |
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that is located at a dam on a river, or on any water discharged to | 248 |
a river or lake, that is within or bordering this state or, within | 249 |
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or bordering an adjoining state, or within the Canadian provinces | 250 |
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of Ontario or Quebec, and meets all of the following standards: | 251 |
| Sec. 4905.31. Chapters 4901., 4903., 4905., 4907., 4909., | 292 |
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4921., 4923., 4927., 4928., and 4929. of the Revised Code do not | 293 |
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prohibit a public utility from filing a schedule or establishing | 294 |
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or entering into any reasonable arrangement with another public | 295 |
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utility or with one or more of its customers, consumers, or | 296 |
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employees, and do not prohibit a mercantile customer of an | 297 |
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electric distribution utility as those terms are defined in | 298 |
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section 4928.01 of the Revised Code or a group of those customers | 299 |
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from establishing a reasonable arrangement with that utility or | 300 |
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another public utility electric light company, providing for any | 301 |
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of the following: | 302 |
| (E) Any other financial device that may be practicable or | 314 |
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advantageous to the parties interested. In the case of a schedule | 315 |
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or arrangement concerning a public utility electric light company, | 316 |
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such other financial device may include a device to recover costs | 317 |
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incurred in conjunction with any economic development and job | 318 |
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retention program of the utility within its certified territory, | 319 |
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including recovery of revenue foregone as a result of any such | 320 |
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program; any development and implementation of peak demand | 321 |
reduction and energy efficiency programs under sectionsections | 322 |
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4928.66 to 4928.6660 of the Revised Code; any acquisition and | 323 |
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deployment of advanced metering, including the costs of any meters | 324 |
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prematurely retired as a result of the advanced metering | 325 |
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implementation; and compliance with any government mandate. | 326 |
| (1) "Ancillary service" means any function necessary to the | 344 |
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provision of electric transmission or distribution service to a | 345 |
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retail customer and includes, but is not limited to, scheduling, | 346 |
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system control, and dispatch services; reactive supply from | 347 |
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generation resources and voltage control service; reactive supply | 348 |
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from transmission resources service; regulation service; frequency | 349 |
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response service; energy imbalance service; operating | 350 |
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reserve-spinning reserve service; operating reserve-supplemental | 351 |
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reserve service; load following; back-up supply service; | 352 |
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real-power loss replacement service; dynamic scheduling; system | 353 |
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black start capability; and network stability service. | 354 |
| (2) "Billing and collection agent" means a fully independent | 355 |
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agent, not affiliated with or otherwise controlled by an electric | 356 |
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utility, electric services company, electric cooperative, or | 357 |
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governmental aggregator subject to certification under section | 358 |
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4928.08 of the Revised Code, to the extent that the agent is under | 359 |
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contract with such utility, company, cooperative, or aggregator | 360 |
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solely to provide billing and collection for retail electric | 361 |
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service on behalf of the utility company, cooperative, or | 362 |
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aggregator. | 363 |
| (9) "Electric services company" means an electric light | 386 |
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company that is engaged on a for-profit or not-for-profit basis in | 387 |
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the business of supplying or arranging for the supply of only a | 388 |
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competitive retail electric service in this state. "Electric | 389 |
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services company" includes a power marketer, power broker, | 390 |
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aggregator, or independent power producer but excludes an electric | 391 |
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cooperative, municipal electric utility, governmental aggregator, | 392 |
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or billing and collection agent. | 393 |
| (15) "Level of funding for low-income customer energy | 415 |
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efficiency programs provided through electric utility rates" means | 416 |
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the level of funds specifically included in an electric utility's | 417 |
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rates on October 5, 1999, pursuant to an order of the public | 418 |
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utilities commission issued under Chapter 4905. or 4909. of the | 419 |
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Revised Code and in effect on October 4, 1999, for the purpose of | 420 |
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improving the energy efficiency of housing for the utility's | 421 |
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low-income customers. The term excludes the level of any such | 422 |
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funds committed to a specific nonprofit organization or | 423 |
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organizations pursuant to a stipulation or contract. | 424 |
| (25) "Advanced energy project" means any technologies, | 461 |
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products, activities, or management practices or strategies that | 462 |
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facilitate the generation or use of electricity or any type of | 463 |
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energy and that reduce or support the reduction of energy | 464 |
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consumption or support the production of clean, renewable energy | 465 |
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for industrial, distribution, commercial, institutional, | 466 |
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governmental, research, not-for-profit, or residential energy | 467 |
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users, including, but not limited to, advanced energy resources | 468 |
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and renewable energy resources. "Advanced energy project" also | 469 |
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includes any project described in division (A), (B), or (C) of | 470 |
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section 4928.621 of the Revised Code. | 471 |
| (26) "Regulatory assets" means the unamortized net regulatory | 472 |
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assets that are capitalized or deferred on the regulatory books of | 473 |
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the electric utility, pursuant to an order or practice of the | 474 |
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public utilities commission or pursuant to generally accepted | 475 |
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accounting principles as a result of a prior commission | 476 |
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rate-making decision, and that would otherwise have been charged | 477 |
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to expense as incurred or would not have been capitalized or | 478 |
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otherwise deferred for future regulatory consideration absent | 479 |
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commission action. "Regulatory assets" includes, but is not | 480 |
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limited to, all deferred demand-side management costs; all | 481 |
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deferred percentage of income payment plan arrears; | 482 |
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post-in-service capitalized charges and assets recognized in | 483 |
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connection with statement of financial accounting standards no. | 484 |
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109 (receivables from customers for income taxes); future nuclear | 485 |
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decommissioning costs and fuel disposal costs as those costs have | 486 |
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been determined by the commission in the electric utility's most | 487 |
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recent rate or accounting application proceeding addressing such | 488 |
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costs; the undepreciated costs of safety and radiation control | 489 |
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equipment on nuclear generating plants owned or leased by an | 490 |
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electric utility; and fuel costs currently deferred pursuant to | 491 |
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the terms of one or more settlement agreements approved by the | 492 |
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commission. | 493 |
| (27) "Retail electric service" means any service involved in | 494 |
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supplying or arranging for the supply of electricity to ultimate | 495 |
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consumers in this state, from the point of generation to the point | 496 |
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of consumption. For the purposes of this chapter, retail electric | 497 |
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service includes one or more of the following "service | 498 |
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components": generation service, aggregation service, power | 499 |
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marketing service, power brokerage service, transmission service, | 500 |
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distribution service, ancillary service, metering service, and | 501 |
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billing and collection service. | 502 |
| (c) Clean coal technology that includes a carbon-based | 541 |
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product that is chemically altered before combustion to | 542 |
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demonstrate a reduction, as expressed as ash, in emissions of | 543 |
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nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or | 544 |
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sulfur trioxide in accordance with the American society of testing | 545 |
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and materials standard D1757A or a reduction of metal oxide | 546 |
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emissions in accordance with standard D5142 of that society, or | 547 |
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clean coal technology that includes the design capability to | 548 |
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control or prevent the emission of carbon dioxide, which design | 549 |
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capability the commission shall adopt by rule and shall be based | 550 |
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on economically feasible best available technology or, in the | 551 |
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absence of a determined best available technology, shall be of the | 552 |
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highest level of economically feasible design capability for which | 553 |
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there exists generally accepted scientific opinion; | 554 |
"Advanced energy resource" does not include a waste energy | 578 |
recovery system that is, or has been, included in an energy | 579 |
efficiency program of an electric distribution utility pursuant to | 580 |
requirements under section 4928.66 of the Revised Code(j) Any | 581 |
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mercantile customer or supplier method or any modification or | 582 |
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replacement of any property, process, device, structure, or | 583 |
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equipment that reduces the energy intensity of any water supply | 584 |
|
function or water treatment function. | 585 |
| (vii) Energy produced by cogeneration technology that is | 603 |
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placed into service on or before December 31, 2015, and for which | 604 |
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more than ninety per cent of the total annual energy input is from | 605 |
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combustion of a waste or byproduct gas from an air contaminant | 606 |
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source in this state, which source has been in operation since on | 607 |
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or before January 1, 1985, provided that the cogeneration | 608 |
|
technology is a part of a facility located in a county having a | 609 |
|
population of more than three hundred sixty-five thousand but less | 610 |
|
than three hundred seventy thousand according to the most recent | 611 |
|
federal decennial census; | 612 |
| "Renewable energy resource" includes, but is not limited to, | 617 |
|
any energy derived from a fuel cell used in the generation of | 618 |
|
electricity, including, but not limited to, a proton exchange | 619 |
|
membrane fuel cell, phosphoric acid fuel cell, molten carbonate | 620 |
|
fuel cell, or solid oxide fuel cell; wind turbine located in the | 621 |
|
state's territorial waters of Lake Erie; methane gas emitted from | 622 |
|
an abandoned coal mine; waste energy recovery system placed into | 623 |
|
service or retrofitted on or after the effective date of the | 624 |
|
amendment of this section by S.B. 315 of the 129th general | 625 |
|
assembly, September 10, 2012, except that a waste energy recovery | 626 |
|
system described in division (A)(38)(b) of this section may be | 627 |
|
included only if it was placed into service between January 1, | 628 |
|
2002, and December 31, 2004; storage facility that will promote | 629 |
|
the better utilization of a renewable energy resource; or | 630 |
|
distributed generation system used by a customer to generate | 631 |
|
electricity from any such energy. | 632 |
| Sec. 4928.143. (A) For the purpose of complying with section | 736 |
|
4928.141 of the Revised Code, an electric distribution utility may | 737 |
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file an application for public utilities commission approval of an | 738 |
|
electric security plan as prescribed under division (B) of this | 739 |
|
section. The utility may file that application prior to the | 740 |
|
effective date of any rules the commission may adopt for the | 741 |
|
purpose of this section, and, as the commission determines | 742 |
|
necessary, the utility immediately shall conform its filing to | 743 |
|
those rules upon their taking effect. | 744 |
| (b) A reasonable allowance for construction work in progress | 767 |
|
for any of the electric distribution utility's cost of | 768 |
|
constructing an electric generating facility or for an | 769 |
|
environmental expenditure for any electric generating facility of | 770 |
|
the electric distribution utility, provided the cost is incurred | 771 |
|
or the expenditure occurs on or after January 1, 2009. Any such | 772 |
|
allowance shall be subject to the construction work in progress | 773 |
|
allowance limitations of division (A) of section 4909.15 of the | 774 |
|
Revised Code, except that the commission may authorize such an | 775 |
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allowance upon the incurrence of the cost or occurrence of the | 776 |
|
expenditure. No such allowance for generating facility | 777 |
|
construction shall be authorized, however, unless the commission | 778 |
|
first determines in the proceeding that there is need for the | 779 |
|
facility based on resource planning projections submitted by the | 780 |
|
electric distribution utility. Further, no such allowance shall be | 781 |
|
authorized unless the facility's construction was sourced through | 782 |
|
a competitive bid process, regarding which process the commission | 783 |
|
may adopt rules. An allowance approved under division (B)(2)(b) of | 784 |
|
this section shall be established as a nonbypassable surcharge for | 785 |
|
the life of the facility. | 786 |
| (c) The establishment of a nonbypassable surcharge for the | 787 |
|
life of an electric generating facility that is owned or operated | 788 |
|
by the electric distribution utility, was sourced through a | 789 |
|
competitive bid process subject to any such rules as the | 790 |
|
commission adopts under division (B)(2)(b) of this section, and is | 791 |
|
newly used and useful on or after January 1, 2009, which surcharge | 792 |
|
shall cover all costs of the utility specified in the application, | 793 |
|
excluding costs recovered through a surcharge under division | 794 |
|
(B)(2)(b) of this section. However, no surcharge shall be | 795 |
|
authorized unless the commission first determines in the | 796 |
|
proceeding that there is need for the facility based on resource | 797 |
|
planning projections submitted by the electric distribution | 798 |
|
utility. Additionally, if a surcharge is authorized for a facility | 799 |
|
pursuant to plan approval under division (C) of this section and | 800 |
|
as a condition of the continuation of the surcharge, the electric | 801 |
|
distribution utility shall dedicate to Ohio consumers the capacity | 802 |
|
and energy and the rate associated with the cost of that facility. | 803 |
|
Before the commission authorizes any surcharge pursuant to this | 804 |
|
division, it may consider, as applicable, the effects of any | 805 |
|
decommissioning, deratings, and retirements. | 806 |
| (d) Terms, conditions, or charges relating to limitations on | 807 |
|
customer shopping for retail electric generation service, | 808 |
|
bypassability, standby, back-up, or supplemental power service, | 809 |
|
default service, carrying costs, amortization periods, and | 810 |
|
accounting or deferrals, including future recovery of such | 811 |
|
deferrals, as would have the effect of stabilizing or providing | 812 |
|
certainty regarding retail electric service; | 813 |
| (h) Provisions regarding the utility's distribution service, | 830 |
|
including, without limitation and notwithstanding any provision of | 831 |
|
Title XLIX of the Revised Code to the contrary, provisions | 832 |
|
regarding single issue ratemaking, a revenue decoupling mechanism | 833 |
|
or any other incentive ratemaking, and provisions regarding | 834 |
|
distribution infrastructure and modernization incentives for the | 835 |
|
electric distribution utility. The latter may include a long-term | 836 |
|
energy delivery infrastructure modernization plan for that utility | 837 |
|
or any plan providing for the utility's recovery of costs, | 838 |
|
including lost revenue, shared savings, and avoided costs, and a | 839 |
|
just and reasonable rate of return on such infrastructure | 840 |
|
modernization. As part of its determination as to whether to allow | 841 |
|
in an electric distribution utility's electric security plan | 842 |
|
inclusion of any provision described in division (B)(2)(h) of this | 843 |
|
section, the commission shall examine the reliability of the | 844 |
|
electric distribution utility's distribution system and ensure | 845 |
|
that customers' and the electric distribution utility's | 846 |
|
expectations are aligned and that the electric distribution | 847 |
|
utility is placing sufficient emphasis on and dedicating | 848 |
|
sufficient resources to the reliability of its distribution | 849 |
|
system. | 850 |
| (C)(1) The burden of proof in the proceeding shall be on the | 857 |
|
electric distribution utility. The commission shall issue an order | 858 |
|
under this division for an initial application under this section | 859 |
|
not later than one hundred fifty days after the application's | 860 |
|
filing date and, for any subsequent application by the utility | 861 |
|
under this section, not later than two hundred seventy-five days | 862 |
|
after the application's filing date. Subject to division (D) of | 863 |
|
this section, the commission by order shall approve or modify and | 864 |
|
approve an application filed under division (A) of this section if | 865 |
|
it finds that the electric security plan so approved, including | 866 |
|
its pricing and all other terms and conditions, including any | 867 |
|
deferrals and any future recovery of deferrals, is more favorable | 868 |
|
in the aggregate as compared to the expected results that would | 869 |
|
otherwise apply under section 4928.142 of the Revised Code. | 870 |
|
Additionally, if the commission so approves an application that | 871 |
|
contains a surcharge under division (B)(2)(b) or (c) of this | 872 |
|
section, the commission shall ensure that the benefits derived for | 873 |
|
any purpose for which the surcharge is established are reserved | 874 |
|
and made available to those that bear the surcharge. Otherwise, | 875 |
|
the commission by order shall disapprove the application. | 876 |
| (b) If the utility terminates an application pursuant to | 882 |
|
division (C)(2)(a) of this section or if the commission | 883 |
|
disapproves an application under division (C)(1) of this section, | 884 |
|
the commission shall issue such order as is necessary to continue | 885 |
|
the provisions, terms, and conditions of the utility's most recent | 886 |
|
standard service offer, along with any expected increases or | 887 |
|
decreases in fuel costs from those contained in that offer, until | 888 |
|
a subsequent offer is authorized pursuant to this section or | 889 |
|
section 4928.142 of the Revised Code, respectively. | 890 |
| (D) Regarding the rate plan requirement of division (A) of | 891 |
|
section 4928.141 of the Revised Code, if an electric distribution | 892 |
|
utility that has a rate plan that extends beyond December 31, | 893 |
|
2008, files an application under this section for the purpose of | 894 |
|
its compliance with division (A) of section 4928.141 of the | 895 |
|
Revised Code, that rate plan and its terms and conditions are | 896 |
|
hereby incorporated into its proposed electric security plan and | 897 |
|
shall continue in effect until the date scheduled under the rate | 898 |
|
plan for its expiration, and that portion of the electric security | 899 |
|
plan shall not be subject to commission approval or disapproval | 900 |
|
under division (C) of this section, and the earnings test provided | 901 |
|
for in division (F) of this section shall not apply until after | 902 |
|
the expiration of the rate plan. However, that utility may include | 903 |
|
in its electric security plan under this section, and the | 904 |
|
commission may approve, modify and approve, or disapprove subject | 905 |
|
to division (C) of this section, provisions for the incremental | 906 |
|
recovery or the deferral of any costs that are not being recovered | 907 |
|
under the rate plan and that the utility incurs during that | 908 |
continuation period to comply with section 4928.141, division (B) | 909 |
of section 4928.644928.641, or division (A) of sectionsections | 910 |
|
4928.66 to 4928.6660 of the Revised Code. | 911 |
| (E) If an electric security plan approved under division (C) | 912 |
|
of this section, except one withdrawn by the utility as authorized | 913 |
|
under that division, has a term, exclusive of phase-ins or | 914 |
|
deferrals, that exceeds three years from the effective date of the | 915 |
|
plan, the commission shall test the plan in the fourth year, and | 916 |
|
if applicable, every fourth year thereafter, to determine whether | 917 |
|
the plan, including its then-existing pricing and all other terms | 918 |
|
and conditions, including any deferrals and any future recovery of | 919 |
|
deferrals, continues to be more favorable in the aggregate and | 920 |
|
during the remaining term of the plan as compared to the expected | 921 |
|
results that would otherwise apply under section 4928.142 of the | 922 |
|
Revised Code. The commission shall also determine the prospective | 923 |
|
effect of the electric security plan to determine if that effect | 924 |
|
is substantially likely to provide the electric distribution | 925 |
|
utility with a return on common equity that is significantly in | 926 |
|
excess of the return on common equity that is likely to be earned | 927 |
|
by publicly traded companies, including utilities, that face | 928 |
|
comparable business and financial risk, with such adjustments for | 929 |
|
capital structure as may be appropriate. The burden of proof for | 930 |
|
demonstrating that significantly excessive earnings will not occur | 931 |
|
shall be on the electric distribution utility. If the test results | 932 |
|
are in the negative or the commission finds that continuation of | 933 |
|
the electric security plan will result in a return on equity that | 934 |
|
is significantly in excess of the return on common equity that is | 935 |
|
likely to be earned by publicly traded companies, including | 936 |
|
utilities, that will face comparable business and financial risk, | 937 |
|
with such adjustments for capital structure as may be appropriate, | 938 |
|
during the balance of the plan, the commission may terminate the | 939 |
|
electric security plan, but not until it shall have provided | 940 |
|
interested parties with notice and an opportunity to be heard. The | 941 |
|
commission may impose such conditions on the plan's termination as | 942 |
|
it considers reasonable and necessary to accommodate the | 943 |
|
transition from an approved plan to the more advantageous | 944 |
|
alternative. In the event of an electric security plan's | 945 |
|
termination pursuant to this division, the commission shall permit | 946 |
|
the continued deferral and phase-in of any amounts that occurred | 947 |
|
prior to that termination and the recovery of those amounts as | 948 |
|
contemplated under that electric security plan. | 949 |
| (F) With regard to the provisions that are included in an | 950 |
|
electric security plan under this section, the commission shall | 951 |
|
consider, following the end of each annual period of the plan, if | 952 |
|
any such adjustments resulted in excessive earnings as measured by | 953 |
|
whether the earned return on common equity of the electric | 954 |
|
distribution utility is significantly in excess of the return on | 955 |
|
common equity that was earned during the same period by publicly | 956 |
|
traded companies, including utilities, that face comparable | 957 |
|
business and financial risk, with such adjustments for capital | 958 |
|
structure as may be appropriate. Consideration also shall be given | 959 |
|
to the capital requirements of future committed investments in | 960 |
|
this state. The burden of proof for demonstrating that | 961 |
|
significantly excessive earnings did not occur shall be on the | 962 |
|
electric distribution utility. If the commission finds that such | 963 |
|
adjustments, in the aggregate, did result in significantly | 964 |
|
excessive earnings, it shall require the electric distribution | 965 |
|
utility to return to consumers the amount of the excess by | 966 |
|
prospective adjustments; provided that, upon making such | 967 |
|
prospective adjustments, the electric distribution utility shall | 968 |
|
have the right to terminate the plan and immediately file an | 969 |
|
application pursuant to section 4928.142 of the Revised Code. Upon | 970 |
|
termination of a plan under this division, rates shall be set on | 971 |
|
the same basis as specified in division (C)(2)(b) of this section, | 972 |
|
and the commission shall permit the continued deferral and | 973 |
|
phase-in of any amounts that occurred prior to that termination | 974 |
|
and the recovery of those amounts as contemplated under that | 975 |
|
electric security plan. In making its determination of | 976 |
|
significantly excessive earnings under this division, the | 977 |
|
commission shall not consider, directly or indirectly, the | 978 |
|
revenue, expenses, or earnings of any affiliate or parent company. | 979 |
| Sec. 4928.20. (A) The legislative authority of a municipal | 980 |
|
corporation may adopt an ordinance, or the board of township | 981 |
|
trustees of a township or the board of county commissioners of a | 982 |
|
county may adopt a resolution, under which, on or after the | 983 |
|
starting date of competitive retail electric service, it may | 984 |
|
aggregate in accordance with this section the retail electrical | 985 |
|
loads located, respectively, within the municipal corporation, | 986 |
|
township, or unincorporated area of the county and, for that | 987 |
|
purpose, may enter into service agreements to facilitate for those | 988 |
|
loads the sale and purchase of electricity. The legislative | 989 |
|
authority or board also may exercise such authority jointly with | 990 |
|
any other such legislative authority or board. For customers that | 991 |
|
are not mercantile customers, an ordinance or resolution under | 992 |
|
this division shall specify whether the aggregation will occur | 993 |
|
only with the prior, affirmative consent of each person owning, | 994 |
|
occupying, controlling, or using an electric load center proposed | 995 |
|
to be aggregated or will occur automatically for all such persons | 996 |
|
pursuant to the opt-out requirements of division (D) of this | 997 |
|
section. The aggregation of mercantile customers shall occur only | 998 |
|
with the prior, affirmative consent of each such person owning, | 999 |
|
occupying, controlling, or using an electric load center proposed | 1000 |
|
to be aggregated. Nothing in this division, however, authorizes | 1001 |
|
the aggregation of the retail electric loads of an electric load | 1002 |
|
center, as defined in section 4933.81 of the Revised Code, that is | 1003 |
|
located in the certified territory of a nonprofit electric | 1004 |
|
supplier under sections 4933.81 to 4933.90 of the Revised Code or | 1005 |
|
an electric load center served by transmission or distribution | 1006 |
|
facilities of a municipal electric utility. | 1007 |
| (B) If an ordinance or resolution adopted under division (A) | 1008 |
|
of this section specifies that aggregation of customers that are | 1009 |
|
not mercantile customers will occur automatically as described in | 1010 |
|
that division, the ordinance or resolution shall direct the board | 1011 |
|
of elections to submit the question of the authority to aggregate | 1012 |
|
to the electors of the respective municipal corporation, township, | 1013 |
|
or unincorporated area of a county at a special election on the | 1014 |
|
day of the next primary or general election in the municipal | 1015 |
|
corporation, township, or county. The legislative authority or | 1016 |
|
board shall certify a copy of the ordinance or resolution to the | 1017 |
|
board of elections not less than ninety days before the day of the | 1018 |
|
special election. No ordinance or resolution adopted under | 1019 |
|
division (A) of this section that provides for an election under | 1020 |
|
this division shall take effect unless approved by a majority of | 1021 |
|
the electors voting upon the ordinance or resolution at the | 1022 |
|
election held pursuant to this division. | 1023 |
| (C) Upon the applicable requisite authority under divisions | 1024 |
|
(A) and (B) of this section, the legislative authority or board | 1025 |
|
shall develop a plan of operation and governance for the | 1026 |
|
aggregation program so authorized. Before adopting a plan under | 1027 |
|
this division, the legislative authority or board shall hold at | 1028 |
|
least two public hearings on the plan. Before the first hearing, | 1029 |
|
the legislative authority or board shall publish notice of the | 1030 |
|
hearings once a week for two consecutive weeks in a newspaper of | 1031 |
|
general circulation in the jurisdiction or as provided in section | 1032 |
|
7.16 of the Revised Code. The notice shall summarize the plan and | 1033 |
|
state the date, time, and location of each hearing. | 1034 |
| (D) No legislative authority or board, pursuant to an | 1035 |
|
ordinance or resolution under divisions (A) and (B) of this | 1036 |
|
section that provides for automatic aggregation of customers that | 1037 |
|
are not mercantile customers as described in division (A) of this | 1038 |
|
section, shall aggregate the electrical load of any electric load | 1039 |
|
center located within its jurisdiction unless it in advance | 1040 |
|
clearly discloses to the person owning, occupying, controlling, or | 1041 |
|
using the load center that the person will be enrolled | 1042 |
|
automatically in the aggregation program and will remain so | 1043 |
|
enrolled unless the person affirmatively elects by a stated | 1044 |
|
procedure not to be so enrolled. The disclosure shall state | 1045 |
|
prominently the rates, charges, and other terms and conditions of | 1046 |
|
enrollment. The stated procedure shall allow any person enrolled | 1047 |
|
in the aggregation program the opportunity to opt out of the | 1048 |
|
program every three years, without paying a switching fee. Any | 1049 |
|
such person that opts out before the commencement of the | 1050 |
|
aggregation program pursuant to the stated procedure shall default | 1051 |
|
to the standard service offer provided under section 4928.14 or | 1052 |
|
division (D) of section 4928.35 of the Revised Code until the | 1053 |
|
person chooses an alternative supplier. | 1054 |
| (I) Customers that are part of a governmental aggregation | 1101 |
|
under this section shall be responsible only for such portion of a | 1102 |
|
surcharge under section 4928.144 of the Revised Code that is | 1103 |
|
proportionate to the benefits, as determined by the commission, | 1104 |
|
that electric load centers within the jurisdiction of the | 1105 |
|
governmental aggregation as a group receive. The proportionate | 1106 |
|
surcharge so established shall apply to each customer of the | 1107 |
|
governmental aggregation while the customer is part of that | 1108 |
|
aggregation. If a customer ceases being such a customer, the | 1109 |
|
otherwise applicable surcharge shall apply. Nothing in this | 1110 |
|
section shall result in less than full recovery by an electric | 1111 |
|
distribution utility of any surcharge authorized under section | 1112 |
|
4928.144 of the Revised Code. Nothing in this section shall result | 1113 |
|
in less than the full and timely imposition, charging, collection, | 1114 |
|
and adjustment by an electric distribution utility, its assignee, | 1115 |
|
or any collection agent, of the phase-in-recovery charges | 1116 |
|
authorized pursuant to a final financing order issued pursuant to | 1117 |
|
sections 4928.23 to 4928.2318 of the Revised Code. | 1118 |
| (J) On behalf of the customers that are part of a | 1119 |
|
governmental aggregation under this section and by filing written | 1120 |
|
notice with the public utilities commission, the legislative | 1121 |
|
authority that formed or is forming that governmental aggregation | 1122 |
|
may elect not to receive standby service within the meaning of | 1123 |
|
division (B)(2)(d) of section 4928.143 of the Revised Code from an | 1124 |
|
electric distribution utility in whose certified territory the | 1125 |
|
governmental aggregation is located and that operates under an | 1126 |
|
approved electric security plan under that section. Upon the | 1127 |
|
filing of that notice, the electric distribution utility shall not | 1128 |
|
charge any such customer to whom competitive retail electric | 1129 |
|
generation service is provided by another supplier under the | 1130 |
|
governmental aggregation for the standby service. Any such | 1131 |
|
consumer that returns to the utility for competitive retail | 1132 |
|
electric service shall pay the market price of power incurred by | 1133 |
|
the utility to serve that consumer plus any amount attributable to | 1134 |
|
the utility's cost of compliance with the alternative energy | 1135 |
resource provisions of sectionsections 4928.64 to 4928.6410 of | 1136 |
|
the Revised Code to serve the consumer. Such market price shall | 1137 |
|
include, but not be limited to, capacity and energy charges; all | 1138 |
|
charges associated with the provision of that power supply through | 1139 |
|
the regional transmission organization, including, but not limited | 1140 |
|
to, transmission, ancillary services, congestion, and settlement | 1141 |
|
and administrative charges; and all other costs incurred by the | 1142 |
|
utility that are associated with the procurement, provision, and | 1143 |
|
administration of that power supply, as such costs may be approved | 1144 |
|
by the commission. The period of time during which the market | 1145 |
|
price and alternative energy resource amount shall be so assessed | 1146 |
|
on the consumer shall be from the time the consumer so returns to | 1147 |
|
the electric distribution utility until the expiration of the | 1148 |
|
electric security plan. However, if that period of time is | 1149 |
|
expected to be more than two years, the commission may reduce the | 1150 |
|
time period to a period of not less than two years. | 1151 |
| (K) The commission shall adopt rules to encourage and promote | 1152 |
|
large-scale governmental aggregation in this state. For that | 1153 |
|
purpose, the commission shall conduct an immediate review of any | 1154 |
|
rules it has adopted for the purpose of this section that are in | 1155 |
|
effect on the effective date of the amendment of this section by | 1156 |
|
S.B. 221 of the 127th general assembly, July 31, 2008. Further, | 1157 |
|
within the context of an electric security plan under section | 1158 |
|
4928.143 of the Revised Code, the commission shall consider the | 1159 |
|
effect on large-scale governmental aggregation of any | 1160 |
|
nonbypassable generation charges, however collected, that would be | 1161 |
|
established under that plan, except any nonbypassable generation | 1162 |
|
charges that relate to any cost incurred by the electric | 1163 |
|
distribution utility, the deferral of which has been authorized by | 1164 |
|
the commission prior to the effective date of the amendment of | 1165 |
|
this section by S.B. 221 of the 127th general assembly, July 31, | 1166 |
|
2008. | 1167 |
| (1) Revenues remitted to the director after collection by | 1178 |
|
each electric distribution utility in this state of a temporary | 1179 |
|
rider on retail electric distribution service rates as such rates | 1180 |
|
are determined by the public utilities commission pursuant to this | 1181 |
|
chapter. The rider shall be a uniform amount statewide, determined | 1182 |
|
by the director of development, after consultation with the public | 1183 |
|
benefits advisory board created by section 4928.58 of the Revised | 1184 |
|
Code. The amount shall be determined by dividing an aggregate | 1185 |
|
revenue target for a given year as determined by the director, | 1186 |
|
after consultation with the advisory board, by the number of | 1187 |
|
customers of electric distribution utilities in this state in the | 1188 |
|
prior year. Such aggregate revenue target shall not exceed more | 1189 |
|
than fifteen million dollars in any year through 2005 and shall | 1190 |
|
not exceed more than five million dollars in any year after 2005. | 1191 |
|
The rider shall be imposed beginning on the effective date of the | 1192 |
|
amendment of this section by Sub. H.B. 251 of the 126th general | 1193 |
|
assembly, January 4, 2007, and shall terminate at the end of ten | 1194 |
|
years following the starting date of competitive retail electric | 1195 |
|
service or until the advanced energy fund, including interest, | 1196 |
|
reaches one hundred million dollars, whichever is first. | 1197 |
| (2) Each participating electric cooperative and participating | 1217 |
|
municipal electric utility shall remit to the director on a | 1218 |
|
quarterly basis the revenues described in division (B)(3) of this | 1219 |
|
section. Such remittances shall occur within thirty days after the | 1220 |
|
end of each calendar quarter. For the purpose of division (B)(3) | 1221 |
|
of this section, the participation of an electric cooperative or | 1222 |
|
municipal electric utility in the energy efficiency revolving loan | 1223 |
|
program as it existed immediately prior to the effective date of | 1224 |
|
the amendment of this section by Sub. H.B. 251 of the 126th | 1225 |
|
general assembly, January 4, 2007, does not constitute a decision | 1226 |
|
to participate in the advanced energy fund under this section as | 1227 |
|
so amended. | 1228 |
| (D) Any moneys collected in rates for non-low-income customer | 1234 |
|
energy efficiency programs, as of October 5, 1999, and not | 1235 |
|
contributed to the energy efficiency revolving loan fund | 1236 |
|
authorized under this section prior to the effective date of its | 1237 |
|
amendment by Sub. H.B. 251 of the 126th general assembly, January | 1238 |
|
4, 2007, shall be used to continue to fund cost-effective, | 1239 |
|
residential energy efficiency programs, be contributed into the | 1240 |
|
universal service fund as a supplement to that required under | 1241 |
|
section 4928.53 of the Revised Code, or be returned to ratepayers | 1242 |
|
in the form of a rate reduction at the option of the affected | 1243 |
|
electric distribution utility. | 1244 |
| (3) A mercantile customer-sited advanced energy resource or | 1254 |
|
renewable energy resource, whether new or existing, that the | 1255 |
|
mercantile customer contractually commits to an electric | 1256 |
|
distribution utility or an electric services company for purposes | 1257 |
|
of compliance with section 4928.641 of the Revised Code or | 1258 |
|
contractually commits to an electric distribution utility for | 1259 |
integration into the
electric distribution utility's | 1260 |
|
demand-response, energy efficiency, or peak demand reduction | 1261 |
programs as provided under
division (A)(2)(c) of section 4928.66 | 1262 |
| 4928.6650 of the Revised Code, including, but not limited to, any | 1263 |
|
of the following: | 1264 |
| (e) Any plan, policy, behavior, or practice that reduces the | 1280 |
|
total energy intensity of a facility, pipeline, building, plant, | 1281 |
|
or equipment regardless of the type of energy intensity reduction, | 1282 |
|
provided that such plan, policy, behavior, or practice does not | 1283 |
|
result in a substitution of an alternative form of energy use for | 1284 |
|
the use of purchased electricity; | 1285 |
Sec. 4928.641. (B)(A) By 2025 and thereafter, an electric | 1303 |
|
distribution utility shall provide from alternative energy | 1304 |
|
resources, including, at its discretion, alternative energy | 1305 |
|
resources obtained pursuant to an electricity supply contract, a | 1306 |
|
portion of the electricity supply required for its standard | 1307 |
|
service offer under section 4928.141 of the Revised Code, and an | 1308 |
|
electric services company shall provide a portion of its | 1309 |
|
electricity supply for retail consumers in this state from | 1310 |
|
alternative energy resources, including, at its discretion, | 1311 |
|
alternative energy resources obtained pursuant to an electricity | 1312 |
|
supply contract. That portion shall equal twenty-five per cent of | 1313 |
|
the total number of kilowatt hours of electricity sold by the | 1314 |
|
subject utility or company to any and all retail electric | 1315 |
|
consumers whose electric load centers are served by that utility | 1316 |
|
and are located within the utility's certified territory or, in | 1317 |
|
the case of an electric services company, are served by the | 1318 |
|
company and are located within this state. However, nothing in | 1319 |
|
this section precludes a utility or company from providing a | 1320 |
|
greater percentage. The baseline for a utility's or company's | 1321 |
|
compliance with the alternative energy resource requirements of | 1322 |
|
this section shall be the average of such total kilowatt hours it | 1323 |
|
sold in the preceding three calendar years, except that the public | 1324 |
|
utilities commission may reduce a utility's or company's baseline | 1325 |
|
to adjust for new economic growth in the utility's certified | 1326 |
|
territory or, in the case of an electric services company, in the | 1327 |
|
company's service area in this state. | 1328 |
Sec. 4928.642. (C)(1) The public utilities commission | 1370 |
|
annually shall review an electric distribution utility's or | 1371 |
|
electric services company's compliance with the most recent | 1372 |
applicable benchmark under division (B)(2) of this section | 1373 |
| 4928.641 of the Revised Code and, in the course of that review, | 1374 |
|
shall identify any undercompliance or noncompliance of the utility | 1375 |
|
or company that it determines is weather-related, related to | 1376 |
|
equipment or resource shortages for advanced energy or renewable | 1377 |
|
energy resources as applicable, or is otherwise outside the | 1378 |
|
utility's or company's control. | 1379 |
Sec. 4928.643. (2) Subject to the cost cap provisions of | 1380 |
division (C)(3) of this section 4928.644 of the Revised Code, if | 1381 |
|
the public utilities commission determines, after notice and | 1382 |
|
opportunity for hearing, and based upon its findings in that | 1383 |
|
review regarding avoidable undercompliance or noncompliance, but | 1384 |
subject to division (C)(4) of this section 4928.645 of the Revised | 1385 |
|
Code, that the utility or company has failed to comply with any | 1386 |
such benchmark, the commission shallmay impose a renewable energy | 1387 |
|
compliance payment on the utility or company. | 1388 |
(b)(B) The compliance payment pertaining to the renewable | 1397 |
energy resource benchmarks under division (B)(2) of this section | 1398 |
| 4928.641 of the Revised Code shall equal the number of additional | 1399 |
|
renewable energy credits that the electric distribution utility or | 1400 |
|
electric services company would have needed to comply with the | 1401 |
|
applicable benchmark in the period under review times an amount | 1402 |
|
that shall begin at forty-five dollars and shall be adjusted | 1403 |
|
annually by the commission to reflect any change in the consumer | 1404 |
|
price index as defined in section 101.27 of the Revised Code, but | 1405 |
|
shall not be less than forty-five dollars. | 1406 |
Sec. 4928.644. (3)(A) An electric distribution utility or an | 1415 |
electric services company need not comply with a benchmark under | 1416 |
division (B)(1) or (2) of this section to the extent that its | 1417 |
reasonably expected cost of that compliance exceeds its reasonably | 1418 |
expected cost of otherwise producing or acquiring the requisite | 1419 |
electricity by three per cent or more. The cost of compliance | 1420 |
shall be calculated as though any exemption from taxes and | 1421 |
assessments had not been granted under section 5727.75 of the | 1422 |
Revised Codeshall not continue to comply, or be subject to any | 1423 |
|
obligation to continue to comply, in any year, with a benchmark | 1424 |
|
under division (B)(1) or (2) of section 4928.641 of the Revised | 1425 |
|
Code, if continued compliance for that year would exceed the cost | 1426 |
|
cap calculated under division (B) of this section.
| 1427 |
| (2) "Generation supply dollar amount" means the reasonably | 1437 |
|
expected dollar amount per megawatt hour for the generation supply | 1438 |
|
available to consumers pursuant to section 4928.141 of the Revised | 1439 |
|
Code during the applicable compliance year, which consists of a | 1440 |
|
weighted average of the cost of the standard service offer supply | 1441 |
|
for the delivery during that compliance year, net of distribution | 1442 |
|
losses. With respect to an electric services company, generation | 1443 |
|
supply dollar amount means the average weighted cost of generation | 1444 |
|
supply of the relevant electric distribution utility. | 1445 |
Sec. 4928.645. (4)(a)(A) An electric distribution utility or | 1456 |
|
electric services company may request the public utilities | 1457 |
|
commission to make a force majeure determination pursuant to this | 1458 |
divisionsection regarding all or part of the utility's or | 1459 |
company's compliance with any minimum benchmark under division | 1460 |
(B)(2) of this section 4928.641 of the Revised Code during the | 1461 |
period of review occurring pursuant to division (C)(2) of this | 1462 |
|
section 4928.643 of the Revised Code. The commission may require | 1463 |
|
the electric distribution utility or electric services company to | 1464 |
make solicitations for renewable energy resource credits as part | 1465 |
of its default service before the utility's or company's request | 1466 |
|
of force majeure under this division can be made. | 1467 |
(b)(B) Within ninety days after the filing of a request by an | 1468 |
|
electric distribution utility or electric services company under | 1469 |
division (C)(4)(a)(A) of this section, the commission shall | 1470 |
|
determine if renewable energy resources are reasonably available | 1471 |
|
in the marketplace in sufficient quantities for the utility or | 1472 |
company to comply with the subject minimum benchmark during the | 1473 |
|
review period. In making this determination, the commission shall | 1474 |
|
consider whether the electric distribution utility or electric | 1475 |
|
services company has made a good faith effort to acquire | 1476 |
|
sufficient renewable energy or, as applicable, solar energy | 1477 |
|
resources to so comply, including, but not limited to, by banking | 1478 |
|
or seeking renewable energy resource credits or by seeking the | 1479 |
|
resources through long-term contracts. Additionally, the | 1480 |
|
commission shall consider the availability of renewable energy or | 1481 |
|
solar energy resources in this state and other jurisdictions in | 1482 |
|
the PJM interconnection regional transmission organization or its | 1483 |
successor and the midwestmidcontinent independent system operator | 1484 |
|
or its successor. | 1485 |
(c)(C) If, pursuant to division (C)(4)(b)(B) of this section, | 1486 |
|
the commission determines that renewable energy or solar energy | 1487 |
|
resources are not reasonably available to permit the electric | 1488 |
|
distribution utility or electric services company to comply, | 1489 |
|
during the period of review, with the subject minimum benchmark | 1490 |
prescribed under division (B)(2) of this section 4928.641 of the | 1491 |
|
Revised Code, the commission shall modify that compliance | 1492 |
|
obligation of the utility or company as it determines appropriate | 1493 |
|
to accommodate the finding. Commission modification shall not | 1494 |
|
automatically reduce the obligation for the electric distribution | 1495 |
|
utility's or electric services company's compliance in subsequent | 1496 |
|
years. If it modifies the electric distribution utility or | 1497 |
electric services company obligation under division (C)(4)(c) of | 1498 |
|
this section, the commission may require the utility or company, | 1499 |
|
if sufficient renewable energy resource credits exist in the | 1500 |
|
marketplace, to acquire additional renewable energy resource | 1501 |
|
credits in subsequent years equivalent to the utility's or | 1502 |
company's modified obligation under division (C)(4)(c) of this | 1503 |
|
section. | 1504 |
Sec. 4928.646. (5) The public utilities commission shall | 1505 |
|
establish a process to provide for at least an annual review of | 1506 |
|
the alternative energy resource market in this state and in the | 1507 |
|
service territories of the regional transmission organizations | 1508 |
|
that manage transmission systems located in this state. The | 1509 |
|
commission shall use the results of this study to identify any | 1510 |
|
needed changes to the amount of the renewable energy compliance | 1511 |
payment specified under divisions (C)(2)(a)(A) and (b)(B) of this | 1512 |
|
section 4928.643 of the Revised Code. Specifically, the commission | 1513 |
|
may increase the amount to ensure that payment of compliance | 1514 |
payments is not used to achieve compliance with this section | 1515 |
| 4928.641 of the Revised Code in lieu of actually acquiring or | 1516 |
|
realizing energy derived from renewable energy resources. However, | 1517 |
|
if the commission finds that the amount of the compliance payment | 1518 |
|
should be otherwise changed, the commission shall present this | 1519 |
|
finding to the general assembly for legislative enactment. | 1520 |
| (B) The commission shall begin providing the information | 1535 |
described in division (D)(1)(b)(A)(2) of this section in each | 1536 |
report submitted after the effective date of the amendment of this | 1537 |
section by S.B. 315 of the 129th general assemblySeptember 10, | 1538 |
|
2012. The commission shall allow and consider public comments on | 1539 |
|
the report prior to its submission to the general assembly. | 1540 |
|
Nothing in the report shall be binding on any person, including | 1541 |
|
any utility or company for the purpose of its compliance with any | 1542 |
benchmark under division (B) of this section 4928.641 of the | 1543 |
Revised Code, or the enforcement of that provision under division | 1544 |
(C) of this sectionsections 4928.642 to 4928.646 of the Revised | 1545 |
|
Code. | 1546 |
| Sec. 4928.65. An electric distribution utility or electric | 1569 |
|
services company may use renewable energy credits any time in the | 1570 |
|
five calendar years following the date of their purchase or | 1571 |
|
acquisition from any entity, including, but not limited to, a | 1572 |
|
mercantile customer or an owner or operator of a hydroelectric | 1573 |
|
generating facility that is located at a dam on a river, or on any | 1574 |
|
water discharged to a river or lake, that is within or bordering | 1575 |
this state or, within or bordering an adjoining state, or within | 1576 |
|
the Canadian provinces of Ontario or Quebec, for the purpose of | 1577 |
|
complying with the renewable energy and solar energy resource | 1578 |
requirements of division (B)(2) of section
4928.644928.641 of | 1579 |
|
the Revised Code. The public utilities commission shall adopt | 1580 |
|
rules specifying that one unit of credit shall equal one megawatt | 1581 |
|
hour of electricity derived from renewable energy resources, | 1582 |
|
except that, for a generating facility of seventy-five megawatts | 1583 |
|
or greater that is situated within this state and has committed by | 1584 |
|
December 31, 2009, to modify or retrofit its generating unit or | 1585 |
|
units to enable the facility to generate principally from biomass | 1586 |
|
energy by June 30, 2013, each megawatt hour of electricity | 1587 |
|
generated principally from that biomass energy shall equal, in | 1588 |
|
units of credit, the product obtained by multiplying the actual | 1589 |
|
percentage of biomass feedstock heat input used to generate such | 1590 |
|
megawatt hour by the quotient obtained by dividing the then | 1591 |
|
existing unit dollar amount used to determine a renewable energy | 1592 |
compliance payment as provided under division
(C)(2)(b)(B) of | 1593 |
section 4928.644928.643 of the Revised Code by the then existing | 1594 |
|
market value of one renewable energy credit, but such megawatt | 1595 |
|
hour shall not equal less than one unit of credit. The rules also | 1596 |
|
shall provide for this state a system of registering renewable | 1597 |
|
energy credits by specifying which of any generally available | 1598 |
|
registries shall be used for that purpose and not by creating a | 1599 |
|
registry. That selected system of registering renewable energy | 1600 |
|
credits shall allow a hydroelectric generating facility to be | 1601 |
|
eligible for obtaining renewable energy credits and shall allow | 1602 |
|
customer-sited projects or actions the broadest opportunities to | 1603 |
|
be eligible for obtaining renewable energy credits. | 1604 |
Sec. 4928.66. Sec. 4928.661. (A)(1)(a) Beginning in 2009, an | 1662 |
|
electric distribution utility shall implement energy efficiency | 1663 |
|
programs that achieve energy efficiency savings that reduce the | 1664 |
|
quantity of energy required to maintain or improve end-use or | 1665 |
|
utility system functionality. Such energy savings shall be | 1666 |
|
equivalent to at least three-tenths of one per cent of the total, | 1667 |
|
annual average, and normalized kilowatt-hour sales of the electric | 1668 |
|
distribution utility during the preceding three calendar years to | 1669 |
|
customers in this state. For a waste energy recovery or combined | 1670 |
|
heat and power system, the savings shall be as estimated by the | 1671 |
|
public utilities commission. The savings requirement, using such a | 1672 |
|
three-year average, shall increase to an additional five-tenths of | 1673 |
|
one per cent in 2010, seven-tenths of one per cent in 2011, | 1674 |
|
eight-tenths of one per cent in 2012, nine-tenths of one per cent | 1675 |
in 2013, one per cent from 2014 to 2018, andone and one-quarter | 1676 |
|
per cent in 2019, one and one-half per cent in 2020, one and | 1677 |
three-quarters per cent in 2021, two per cent each year thereafter | 1678 |
| in 2022, two and one-quarter per cent in 2023, two and one-half | 1679 |
|
per cent in 2024, and two and three-quarters per cent in 2025, | 1680 |
|
achieving a cumulative, annual energy savings in excess of | 1681 |
|
twenty-two per cent by the end of 2025. For purposes of a waste | 1682 |
|
energy recovery or combined heat and power system, an electric | 1683 |
|
distribution utility shall not apply more than the total annual | 1684 |
|
percentage of the electric distribution utility's | 1685 |
|
industrial-customer load, relative to the electric distribution | 1686 |
|
utility's total load, to the annual energy savings requirement. | 1687 |
(a) The baseline for energy savings under division (A)(1)(a) | 1703 |
of this sectionthe energy efficiency requirements shall be the | 1704 |
|
average of the total kilowatt hours the electric distribution | 1705 |
|
utility sold in the preceding three calendar years, and the | 1706 |
baseline for a peak demand reduction under
division (A)(1)(b) of | 1707 |
this sectionthe peak demand reduction requirements shall be the | 1708 |
|
average peak demand on the utility in the preceding three calendar | 1709 |
years, except that the public utilities commission mayshall | 1710 |
reduce
either baselinethe baselines to adjust for new economic | 1711 |
|
growth in the utility's certified territory and a downturn in the | 1712 |
|
economy. The commission shall exclude the following from the | 1713 |
|
baseline: | 1714 |
Sec. 4928.666. If a mercantile customer makes such existing | 1721 |
|
or new demand-response, energy efficiency, including waste energy | 1722 |
|
recovery and combined heat and power, or peak demand reduction | 1723 |
|
capability available to an electric distribution utility pursuant | 1724 |
to division (A)(2)(c) of this section 4928.6650 of the Revised | 1725 |
Code, the electric utility's baseline under division (A)(2)(a) of | 1726 |
this section 4928.665 of the Revised Code shall be adjusted to | 1727 |
|
exclude the effects of all such demand-response, energy | 1728 |
|
efficiency, including waste energy recovery and combined heat and | 1729 |
|
power, or peak demand reduction programs that may have existed | 1730 |
|
during the period used to establish the baseline. | 1731 |
| Sec. 4928.6613. (A) If, on the effective date of S.B. 58 of | 1782 |
|
the 130th general assembly, an electric distribution utility has a | 1783 |
|
compliance plan based on the energy efficiency savings and peak | 1784 |
|
demand reduction requirements under former section 4928.66 of the | 1785 |
|
Revised Code as it existed prior to the effective date of S.B. 58 | 1786 |
|
of the 130th general assembly that was approved by the public | 1787 |
|
utilities commission or was filed with but not yet approved by the | 1788 |
|
commission, the electric distribution utility may, at its sole | 1789 |
|
discretion, continue or implement such compliance plan, including | 1790 |
|
any existing approved cost recovery and incentive mechanisms, | 1791 |
|
until such costs and incentives are fully recovered. All | 1792 |
|
provisions of sections 4928.66 to 4928.6660 of the Revised Code as | 1793 |
|
amended or enacted in S.B. 58 of the 130th general assembly shall | 1794 |
|
apply if the electric distribution utility continues or implements | 1795 |
|
such compliance plan. | 1796 |
Sec. 4928.6625. (c) Compliance with divisions (A)(1)(a) and | 1876 |
(b) of this sectionthe energy efficiency and peak demand | 1877 |
|
reduction requirements shall be measured by including the effects | 1878 |
of all demand-response programscapabilities for mercantile | 1879 |
|
customers of the subject electric distribution utility, all waste | 1880 |
|
energy recovery systems and all combined heat and power systems, | 1881 |
|
and all such mercantile customer-sited energy efficiency, | 1882 |
|
including waste energy recovery and combined heat and power, and | 1883 |
|
peak demand reduction programs, adjusted upward by the appropriate | 1884 |
|
loss factors. | 1885 |
Sec. 4928.6626. Division (A)(2)(c) of this sectionEnergy | 1886 |
|
efficiency and peak demand reduction requirements shall be applied | 1887 |
|
to include facilitating efforts by a mercantile customer or group | 1888 |
|
of those customers to offer customer-sited demand-response, energy | 1889 |
|
efficiency, including waste energy recovery and combined heat and | 1890 |
|
power, or peak demand reduction capabilities to the electric | 1891 |
|
distribution utility through a contractual commitment as part of a | 1892 |
|
reasonable arrangement submitted to the public utilities | 1893 |
|
commission pursuant to section 4905.31 of the Revised Code. | 1894 |
| Sec. 4928.6630. Any retail customer of an electric | 1910 |
|
distribution utility that receives service above the primary | 1911 |
|
voltage level as determined by the utility's tariff | 1912 |
|
classification, may opt out of both the opportunity and ability to | 1913 |
|
obtain direct benefits from the utility's compliance plan. Such | 1914 |
|
opt out shall extend to all of the customer's accounts, | 1915 |
|
irrespective of the size or service voltage level, which are | 1916 |
|
associated with the activities performed by the customer and which | 1917 |
|
are located on or adjacent to the customer's premises that are | 1918 |
|
served above the primary voltage level. | 1919 |
| Sec. 4928.6635. If the energy management system of a retail | 1986 |
|
customer that elects to opt out under sections 4928.6630 to | 1987 |
|
4938.6633 of the Revised Code does not incorporate independent | 1988 |
|
measurement and verification protocols, the public utilities | 1989 |
|
commission may request information from the customer for the | 1990 |
|
limited purpose of determining if the customer's protocols are | 1991 |
|
reasonable compared to the protocols generally accepted within the | 1992 |
|
customer's business sector. If the commission determines that the | 1993 |
|
customer's protocols do not meet the protocols generally accepted | 1994 |
|
within the customer's business sector, the commission may provide | 1995 |
|
the customer with measurement and verification protocols that meet | 1996 |
|
the generally accepted protocols, and the customer shall either | 1997 |
|
adopt the protocols provided or adopt alternate protocols that | 1998 |
|
meet the protocols generally accepted within the customer's | 1999 |
|
business sector. However, in no event shall the commission have | 2000 |
|
any authority to supervise or regulate the customer's energy | 2001 |
|
management system or the customer's process for measurement and | 2002 |
|
verification. | 2003 |
| (G) The commission shall recognize and count energy savings | 2043 |
|
and peak demand reduction associated with heat rate and other | 2044 |
|
efficiency or energy intensity improvements achieved since 2006 | 2045 |
|
from electric generating plants that have existed as of January 1, | 2046 |
|
2013, and are located either within an electric distribution | 2047 |
|
utility's certified territory, or owned and operated by an | 2048 |
|
affiliate of the electric distribution utility as long as the | 2049 |
|
generating plant was previously owned, in whole or in part, by an | 2050 |
|
electric distribution utility located in this state. Such energy | 2051 |
|
savings and peak demand reductions shall count as both energy | 2052 |
|
savings and peak demand reductions under this section and advanced | 2053 |
|
energy under sections 4928.64 to 4928.6410 of the Revised Code. | 2054 |
|
Payments or incentives paid to any such generating plant by an | 2055 |
|
electric distribution utility are solely within the discretion of | 2056 |
|
the utility, but shall not be recoverable as a cost of compliance | 2057 |
|
with the requirements of this section. | 2058 |
| Sec. 4928.6642. All energy efficiency savings and peak demand | 2081 |
|
reductions, including energy efficiency savings and demand | 2082 |
|
reductions described in division (E) of section 717.25 of the | 2083 |
|
Revised Code and divisions (A) and (B) of section 1710.061 of the | 2084 |
|
Revised Code, shall be counted toward compliance with the energy | 2085 |
|
efficiency and peak demand reduction requirements, consistent with | 2086 |
|
section 4928.6640 of the Revised Code, regardless of whether the | 2087 |
|
savings or reductions may also be counted towards compliance with | 2088 |
|
sections 4928.64 to 4928.6410 of the Revised Code. | 2089 |
| Sec. 4928.6650. Any mechanism designed to recover the cost | 2107 |
|
of energy efficiency, including waste energy recovery and combined | 2108 |
heat and power, and peak demand reduction programs under divisions | 2109 |
(A)(1)(a) and (b) of this section maythe energy efficiency and | 2110 |
|
peak demand reduction requirements shall exempt any mercantile | 2111 |
|
customers that commit their demand-response or other | 2112 |
|
customer-sited capabilities, whether existing or new, for | 2113 |
|
integration into the electric distribution utility's | 2114 |
|
demand-response, energy efficiency, including waste energy | 2115 |
|
recovery and combined heat and power, or peak demand reduction | 2116 |
programs, if theprovided that: | 2117 |
Sec. 4928.6651. (D) The public utilities commission may | 2125 |
|
establish rules regarding the content of an application by an | 2126 |
|
electric distribution utility for commission approval of a revenue | 2127 |
|
decoupling mechanism under this division. Such an application | 2128 |
|
shall not be considered an application to increase rates and may | 2129 |
|
be included as part of a proposal to establish, continue, or | 2130 |
|
expand energy efficiency or conservation programs. The commission | 2131 |
|
by order may approve an application under this division if it | 2132 |
|
determines both that the revenue decoupling mechanism provides for | 2133 |
|
the recovery of revenue that otherwise may be forgone by the | 2134 |
|
utility as a result of or in connection with the implementation by | 2135 |
|
the electric distribution utility of any energy efficiency or | 2136 |
|
energy conservation programs and reasonably aligns the interests | 2137 |
|
of the utility and of its customers in favor of those programs. | 2138 |
Sec. 4928.6656. (C) IfExcept as provided in section | 2147 |
|
4928.6647 of the Revised Code, if the public utilities commission | 2148 |
|
determines, after notice and opportunity for hearing and based | 2149 |
upon its report under
division (B) of this section 4928.6655 of | 2150 |
|
the Revised Code, that an electric distribution utility has failed | 2151 |
|
to comply with an energy efficiency or peak demand reduction | 2152 |
requirement of division (A) of this section, the commission shall | 2153 |
| may assess a forfeiture on the utility as provided under sections | 2154 |
4905.55 to 4905.60 and 4905.64 of the Revised Code, either in the | 2155 |
amount, per day per undercompliance or noncompliance, relative to | 2156 |
the period of the report, equal to that prescribed for | 2157 |
noncompliances under section 4905.54 of the Revised Code, or in an | 2158 |
|
amount equal to the then existing market value of one renewable | 2159 |
|
energy credit per megawatt hour of undercompliance or | 2160 |
|
noncompliance. Revenue from any forfeiture assessed under this | 2161 |
|
division shall be deposited to the credit of the advanced energy | 2162 |
|
fund created under section 4928.61 of the Revised Code. | 2163 |
| Sec. 5501.311. (A) Notwithstanding sections 123.01 and | 2201 |
|
127.16 of the Revised Code the director of transportation may | 2202 |
|
lease or lease-purchase all or any part of a transportation | 2203 |
|
facility to or from one or more persons, one or more governmental | 2204 |
|
agencies, a transportation improvement district, or any | 2205 |
|
combination thereof, and may grant leases, easements, or licenses | 2206 |
|
for lands under the control of the department of transportation. | 2207 |
|
The director may adopt rules necessary to give effect to this | 2208 |
|
section. | 2209 |
| (C) Any lease or lease-purchase agreement under which the | 2214 |
|
department is the lessee shall be for a period not exceeding the | 2215 |
|
then current two-year period for which appropriations have been | 2216 |
|
made by the general assembly to the department, and such agreement | 2217 |
|
may contain such other terms as the department and the other | 2218 |
|
parties thereto agree, notwithstanding any other provision of law, | 2219 |
|
including provisions that rental payments in amounts sufficient to | 2220 |
|
pay bond service charges payable during the current two-year lease | 2221 |
|
term shall be an absolute and unconditional obligation of the | 2222 |
|
department independent of all other duties under the agreement | 2223 |
|
without set-off or deduction or any other similar rights or | 2224 |
|
defenses. Any such agreement may provide for renewal of the | 2225 |
|
agreement at the end of each term for another term, not exceeding | 2226 |
|
two years, provided that no renewal shall be effective until the | 2227 |
|
effective date of an appropriation enacted by the general assembly | 2228 |
|
from which the department may lawfully pay rentals under such | 2229 |
|
agreement. Any such agreement may include, without limitation, any | 2230 |
|
agreement by the department with respect to any costs of | 2231 |
|
transportation facilities to be included prior to acquisition and | 2232 |
|
construction of such transportation facilities. Any such agreement | 2233 |
|
shall not constitute a debt or pledge of the faith and credit of | 2234 |
|
the state, or of any political subdivision of the state, and the | 2235 |
|
lessor shall have no right to have taxes or excises levied by the | 2236 |
|
general assembly, or the taxing authority of any political | 2237 |
|
subdivision of the state, for the payment of rentals thereunder. | 2238 |
|
Any such agreement shall contain a statement to that effect. | 2239 |
| (F) In accordance with section 5501.031 of the Revised Code, | 2289 |
|
to further efforts to promote energy conservation and energy | 2290 |
|
efficiency, the director may grant a lease, easement, or license | 2291 |
|
in a transportation facility to a utility service provider that | 2292 |
|
has received its certificate from the Ohio power siting board or | 2293 |
|
appropriate local entity for construction, placement, or operation | 2294 |
|
of an alternative energy generating facility service provider as | 2295 |
defined in sectionsections 4928.64 to 4928.6410 of the Revised | 2296 |
|
Code. An interest granted under this division is subject to all of | 2297 |
|
the following conditions: | 2298 |
| (a) On or before December 31, 2015, the owner or a lessee | 2355 |
|
pursuant to a sale and leaseback transaction of the project | 2356 |
|
submits an application to the power siting board for a certificate | 2357 |
|
under section 4906.20 of the Revised Code, or if that section does | 2358 |
|
not apply, submits an application for any approval, consent, | 2359 |
|
permit, or certificate or satisfies any condition required by a | 2360 |
|
public agency or political subdivision of this state for the | 2361 |
|
construction or initial operation of an energy project. | 2362 |
| (c) For a qualified energy project with a nameplate capacity | 2370 |
|
of five megawatts or greater, a board of county commissioners of a | 2371 |
|
county in which property of the project is located has adopted a | 2372 |
|
resolution under division (E)(1)(b) or (c) of this section to | 2373 |
|
approve the application submitted under division (E) of this | 2374 |
|
section to exempt the property located in that county from | 2375 |
|
taxation. A board's adoption of a resolution rejecting an | 2376 |
|
application or its failure to adopt a resolution approving the | 2377 |
|
application does not affect the tax-exempt status of the qualified | 2378 |
|
energy project's property that is located in another county. | 2379 |
| (2) If tangible personal property of a qualified energy | 2380 |
|
project using renewable energy resources was exempt from taxation | 2381 |
|
under this section beginning in any of tax years 2011, 2012, 2013, | 2382 |
|
2014, 2015, or 2016, and the certification under division (E)(2) | 2383 |
|
of this section has not been revoked, the tangible personal | 2384 |
|
property of the qualified energy project is exempt from taxation | 2385 |
|
for tax year 2017 and all ensuing tax years if the property was | 2386 |
|
placed into service before January 1, 2017, as certified in the | 2387 |
|
construction progress report required under division (F)(2) of | 2388 |
|
this section. Tangible personal property that has not been placed | 2389 |
|
into service before that date is taxable property subject to | 2390 |
|
taxation. An energy project for which certification has been | 2391 |
|
revoked is ineligible for further exemption under this section. | 2392 |
|
Revocation does not affect the tax-exempt status of the project's | 2393 |
|
tangible personal property for the tax year in which revocation | 2394 |
|
occurs or any prior tax year. | 2395 |
| (2) For such a qualified energy project with a nameplate | 2404 |
|
capacity of five megawatts or greater, a board of county | 2405 |
|
commissioners of a county in which property of the qualified | 2406 |
|
energy project is located has adopted a resolution under division | 2407 |
|
(E)(1)(b) or (c) of this section to approve the application | 2408 |
|
submitted under division (E) of this section to exempt the | 2409 |
|
property located in that county from taxation. A board's adoption | 2410 |
|
of a resolution rejecting the application or its failure to adopt | 2411 |
|
a resolution approving the application does not affect the | 2412 |
|
tax-exempt status of the qualified energy project's property that | 2413 |
|
is located in another county. | 2414 |
| (b) The director shall forward a copy of each application for | 2434 |
|
certification of an energy project with a nameplate capacity of | 2435 |
|
five megawatts or greater to the board of county commissioners of | 2436 |
|
each county in which the project is located and to each taxing | 2437 |
|
unit with territory located in each of the affected counties. Any | 2438 |
|
board that receives from the director a copy of an application | 2439 |
|
submitted under this division shall adopt a resolution approving | 2440 |
|
or rejecting the application unless it has adopted a resolution | 2441 |
|
under division (E)(1)(c) of this section. A resolution adopted | 2442 |
|
under division (E)(1)(b) or (c) of this section may require an | 2443 |
|
annual service payment to be made in addition to the service | 2444 |
|
payment required under division (G) of this section. The sum of | 2445 |
|
the service payment required in the resolution and the service | 2446 |
|
payment required under division (G) of this section shall not | 2447 |
|
exceed nine thousand dollars per megawatt of nameplate capacity | 2448 |
|
located in the county. The resolution shall specify the time and | 2449 |
|
manner in which the payments required by the resolution shall be | 2450 |
|
paid to the county treasurer. The county treasurer shall deposit | 2451 |
|
the payment to the credit of the county's general fund to be used | 2452 |
|
for any purpose for which money credited to that fund may be used. | 2453 |
| (3) The director shall deny a certification application if | 2480 |
|
the director determines the person has failed to comply with any | 2481 |
|
requirement under this section. The director may revoke a | 2482 |
|
certification if the director determines the person, or subsequent | 2483 |
|
owner or lessee pursuant to a sale and leaseback transaction of | 2484 |
|
the qualified energy project, has failed to comply with any | 2485 |
|
requirement under this section. Upon certification or revocation, | 2486 |
|
the director shall notify the person, owner, or lessee, the tax | 2487 |
|
commissioner, and the county auditor of a county in which the | 2488 |
|
project is located of the certification or revocation. Notice | 2489 |
|
shall be provided in a manner convenient to the director. | 2490 |
| (2) File with the director of development services a | 2495 |
|
certified construction progress report before the first day of | 2496 |
|
March of each year during the energy facility's construction or | 2497 |
|
installation indicating the percentage of the project completed, | 2498 |
|
and the project's nameplate capacity, as of the preceding | 2499 |
|
thirty-first day of December. Unless otherwise instructed by the | 2500 |
|
director of development services, the owner or lessee of an energy | 2501 |
|
project shall file a report with the director on or before the | 2502 |
|
first day of March each year after completion of the energy | 2503 |
|
facility's construction or installation indicating the project's | 2504 |
|
nameplate capacity as of the preceding thirty-first day of | 2505 |
|
December. Not later than sixty days after June 17, 2010, the owner | 2506 |
|
or lessee of an energy project, the construction of which was | 2507 |
|
completed before June 17, 2010, shall file a certificate | 2508 |
|
indicating the project's nameplate capacity. | 2509 |
| (4) For energy projects with a nameplate capacity of five | 2515 |
|
megawatts or greater, repair all roads, bridges, and culverts | 2516 |
|
affected by construction as reasonably required to restore them to | 2517 |
|
their preconstruction condition, as determined by the county | 2518 |
|
engineer in consultation with the local jurisdiction responsible | 2519 |
|
for the roads, bridges, and culverts. In the event that the county | 2520 |
|
engineer deems any road, bridge, or culvert to be inadequate to | 2521 |
|
support the construction or decommissioning of the energy | 2522 |
|
facility, the road, bridge, or culvert shall be rebuilt or | 2523 |
|
reinforced to the specifications established by the county | 2524 |
|
engineer prior to the construction or decommissioning of the | 2525 |
|
facility. The owner or lessee of the facility shall post a bond in | 2526 |
|
an amount established by the county engineer and to be held by the | 2527 |
|
board of county commissioners to ensure funding for repairs of | 2528 |
|
roads, bridges, and culverts affected during the construction. The | 2529 |
|
bond shall be released by the board not later than one year after | 2530 |
|
the date the repairs are completed. The energy facility owner or | 2531 |
|
lessee pursuant to a sale and leaseback transaction shall post a | 2532 |
|
bond, as may be required by the Ohio power siting board in the | 2533 |
|
certificate authorizing commencement of construction issued | 2534 |
|
pursuant to section 4906.10 of the Revised Code, to ensure funding | 2535 |
|
for repairs to roads, bridges, and culverts resulting from | 2536 |
|
decommissioning of the facility. The energy facility owner or | 2537 |
|
lessee and the county engineer may enter into an agreement | 2538 |
|
regarding specific transportation plans, reinforcements, | 2539 |
|
modifications, use and repair of roads, financial security to be | 2540 |
|
provided, and any other relevant issue. | 2541 |
| (6) Maintain a ratio of Ohio-domiciled full-time equivalent | 2548 |
|
employees employed in the construction or installation of the | 2549 |
|
energy project to total full-time equivalent employees employed in | 2550 |
|
the construction or installation of the energy project of not less | 2551 |
|
than eighty per cent in the case of a solar energy project, and | 2552 |
|
not less than fifty per cent in the case of any other energy | 2553 |
|
project. In the case of an energy project for which certification | 2554 |
|
from the power siting board is required under section 4906.20 of | 2555 |
|
the Revised Code, the number of full-time equivalent employees | 2556 |
|
employed in the construction or installation of the energy project | 2557 |
|
equals the number actually employed or the number projected to be | 2558 |
|
employed in the certificate application, if such projection is | 2559 |
|
required under regulations adopted pursuant to section 4906.03 of | 2560 |
|
the Revised Code, whichever is greater. For all other energy | 2561 |
|
projects, the number of full-time equivalent employees employed in | 2562 |
|
the construction or installation of the energy project equals the | 2563 |
|
number actually employed or the number projected to be employed by | 2564 |
|
the director of development services, whichever is greater. To | 2565 |
|
estimate the number of employees to be employed in the | 2566 |
|
construction or installation of an energy project, the director | 2567 |
|
shall use a generally accepted job-estimating model in use for | 2568 |
|
renewable energy projects, including but not limited to the job | 2569 |
|
and economic development impact model. The director may adjust an | 2570 |
|
estimate produced by a model to account for variables not | 2571 |
|
accounted for by the model. | 2572 |
| (7) For energy projects with a nameplate capacity in excess | 2573 |
|
of two megawatts, establish a relationship with a member of the | 2574 |
|
university system of Ohio as defined in section 3345.011 of the | 2575 |
|
Revised Code or with a person offering an apprenticeship program | 2576 |
|
registered with the employment and training administration within | 2577 |
|
the United States department of labor or with the apprenticeship | 2578 |
|
council created by section 4139.02 of the Revised Code, to educate | 2579 |
|
and train individuals for careers in the wind or solar energy | 2580 |
|
industry. The relationship may include endowments, cooperative | 2581 |
|
programs, internships, apprenticeships, research and development | 2582 |
|
projects, and curriculum development. | 2583 |
| (8) Offer to sell power or renewable energy credits from the | 2584 |
|
energy project to electric distribution utilities or electric | 2585 |
|
service companies subject to renewable energy resource | 2586 |
requirements under section 4928.644928.641 of the Revised Code | 2587 |
|
that have issued requests for proposal for such power or renewable | 2588 |
|
energy credits. If no electric distribution utility or electric | 2589 |
|
service company issues a request for proposal on or before | 2590 |
|
December 31, 2010, or accepts an offer for power or renewable | 2591 |
|
energy credits within forty-five days after the offer is | 2592 |
|
submitted, power or renewable energy credits from the energy | 2593 |
|
project may be sold to other persons. Division (F)(8) of this | 2594 |
|
section does not apply if: | 2595 |
| (G) The owner or a lessee pursuant to a sale and leaseback | 2610 |
|
transaction of a qualified energy project shall make annual | 2611 |
|
service payments in lieu of taxes to the county treasurer on or | 2612 |
|
before the final dates for payments of taxes on public utility | 2613 |
|
personal property on the real and public utility personal property | 2614 |
|
tax list for each tax year for which property of the energy | 2615 |
|
project is exempt from taxation under this section. The county | 2616 |
|
treasurer shall allocate the payment on the basis of the project's | 2617 |
|
physical location. Upon receipt of a payment, or if timely payment | 2618 |
|
has not been received, the county treasurer shall certify such | 2619 |
|
receipt or non-receipt to the director of development services and | 2620 |
|
tax commissioner in a form determined by the director and | 2621 |
|
commissioner, respectively. Each payment shall be in the following | 2622 |
|
amount: | 2623 |
| (1) In the case of a solar energy project, seven thousand | 2624 |
|
dollars per megawatt of nameplate capacity located in the county | 2625 |
|
as of December 31, 2010, for tax year 2011, as of December 31, | 2626 |
|
2011, for tax year 2012, as of December 31, 2012, for tax year | 2627 |
|
2013, as of December 31, 2013, for tax year 2014, as of December | 2628 |
|
31, 2014, for tax year 2015, as of December 31, 2015, for tax year | 2629 |
|
2016, and as of December 31, 2016, for tax year 2017 and each tax | 2630 |
|
year thereafter; | 2631 |
| Section 3. The act recodifies section 4928.64 of the Revised | 2684 |
|
Code by subdividing it into the sections identified in the | 2685 |
|
following table. The left-hand column identifies the sections that | 2686 |
|
result from the recodification, and the right-hand column | 2687 |
|
indicates the source of the resulting section in section 4928.64 | 2688 |
|
of the Revised Code before its recodification. Except insofar as | 2689 |
|
amendments are indicated in the resulting sections, the resulting | 2690 |
|
sections are a continuation of, and are to be substituted in a | 2691 |
|
continuing way for, the law as it existed in section 4928.64 of | 2692 |
|
the Revised Code before its recodification. | 2693 |
| Section 4. The act recodifies section 4928.66 of the Revised | 2708 |
|
Code by subdividing it into the sections identified in the | 2709 |
|
following table. The left-hand column identifies the sections that | 2710 |
|
result from the recodification, and the right-hand column | 2711 |
|
indicates the source of the resulting section in section 4928.66 | 2712 |
|
of the Revised Code before its recodification. Except insofar as | 2713 |
|
amendments are indicated in the resulting sections, the resulting | 2714 |
|
sections are a continuation of, and are to be substituted in a | 2715 |
|
continuing way for, the law as it existed in section 4928.64 of | 2716 |
|
the Revised Code before its recodification. | 2717 |
| Section 5. To the extent that the Public Utilities Commission | 2737 |
|
may have adopted, prior to the effective date of S.B. 58 of the | 2738 |
|
130th General Assembly, methods to measure alternative energy, | 2739 |
|
energy efficiency, and peak demand reduction compliance that are | 2740 |
|
different or inconsistent with the requirements of former sections | 2741 |
|
4928.64 and 4928.66 of the Revised Code as they existed prior to | 2742 |
|
the effective date of S.B. 58 of the 130th General Assembly, such | 2743 |
|
difference or inconsistency shall, for purposes of addressing all | 2744 |
|
cases or controversies, be resolved by the Commission and the | 2745 |
|
Supreme Court in favor of the measurement method that maximizes | 2746 |
|
the amount of compliance during the period in question. | 2747 |
