As Passed by the Senate

126th General Assembly
Regular Session
2005-2006
Sub. H. B. No. 251


Representatives Uecker, Kearns, Raga, McGregor, J., Martin, Schneider, Collier, Wagoner, Bubp, Law, Brown, Williams, Mason, Hagan, Stewart, J., Hartnett, Barrett, Blessing, Calvert, Carano, Cassell, Chandler, Domenick, Evans, C., Faber, Fende, Flowers, Garrison, Hughes, Miller, Mitchell, Oelslager, Otterman, Patton, T., Raussen, Reidelbach, Schlichter, Seitz, Setzer, Skindell, Smith, G., Stewart, D., Strahorn, Webster, Yates, Yuko 

Senators Niehaus, Goodman, Schuler, Wilson, Gardner, Kearney, Padgett, Fedor, Fingerhut 

A BILL
To amend sections 122.075, 123.011, 125.15, 125.834, 1
1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 2
4928.61, 4928.62, and 4928.63 and to enact section 3
3345.69 of the Revised Code; to amend Section 4
203.99 of Am. Sub. H.B. 66 of the 126th General 5
Assembly, as subsequently amended; to amend 6
Section 203.99.45 of Am. Sub. H.B. 66 of the 126th 7
General Assembly, as subsequently amended; and to 8
amend Section 235.30 of Am. Sub. H.B. 530 of the 9
126th General Assembly to specify certain energy 10
efficiency and conservation standards relating to 11
facility construction and leasing that the Office 12
of Energy Services in the Department of 13
Administrative Services must promulgate and with 14
which state agencies must comply; to require 15
certain additional duties, and additional 16
cooperation between the Office and the Office of 17
Energy Efficiency of the Department of 18
Development, relating to state purchasing; to 19
require boards of trustees of state institutions 20
of higher education to adopt rules to carry out 21
on- and off-campus building, energy efficiency and 22
conservation guidelines developed by a committee 23
of those institutions in consultation with the 24
Office of Energy Services; to make other changes 25
relative to energy programs; to increase the 26
maximum amount that can be assessed to fund the 27
Oil and Natural Gas Marketing Program; to change 28
the Energy Efficiency Revolving Loan Program into 29
an Advanced Energy Program; and to make an 30
appropriation.31


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

       Section 1.  That sections 122.075, 123.011, 125.15, 125.834, 32
1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 4928.61, 4928.62, and 33
4928.63 be amended and section 3345.69 of the Revised Code be 34
enacted to read as follows:35

       Sec. 122.075. (A) As used in this section:36

       (1) "Alternative fuel" means blended biodiesel or blended 37
gasoline.38

       (2) "Biodiesel" means a mono-alkyl ester combustible liquid 39
fuel that is derived from vegetable oils or animal fats, or any 40
combination of those reagents, and that meets American society for 41
testing and materials specification D6751-03a for biodiesel fuel 42
(B100) blend stock distillate fuels.43

       (3) "Diesel fuel" and "gasoline" have the same meanings as in 44
section 5735.01 of the Revised Code.45

       (4) "Ethanol" has the same meaning as in section 5733.46 of 46
the Revised Code.47

       (5) "Blended biodiesel" means diesel fuel containing at least 48
twenty per cent biodiesel by volume.49

       (6) "Blended gasoline" means gasoline containing at least 50
eighty-five per cent ethanol by volume.51

       (7) "Incremental cost" means either of the following:52

       (a) The difference in cost between blended gasoline and 53
gasoline containing ten per cent or less ethanol at the time that 54
the blended gasoline is purchased; 55

       (b) The difference in cost between blended biodiesel and 56
diesel fuel containing two per cent or less biodiesel at the time 57
that the blended biodiesel is purchased.58

       (B) For the purpose of improving the air quality in this 59
state, the director of development shall establish an alternative 60
fuel transportation grant program under which the director may 61
make grants to businesses, nonprofit organizations, public school 62
systems, or local governments for the purchase and installation of 63
alternative fuel refueling facilities and for the purchase and use 64
of alternative fuel.65

       (C) The director shall adopt rules in accordance with Chapter 66
119. of the Revised Code that are necessary for the administration 67
of the alternative fuel transportation grant program. The rules 68
shall establish at least all of the following:69

       (1) An application form and procedures governing the 70
application process for a grant under the program;71

       (2) A procedure for prioritizing the award of grants under 72
the program;73

       (3) A requirement that the maximum grant for the purchase and 74
installation of an alternative fuel refueling facility be no more 75
than fifty per cent of the cost of the facility;76

       (4) A requirement that the maximum grant for the purchase of 77
alternative fuel be no more than fifty per cent of the incremental 78
cost of the fuel; 79

       (5) Any other criteria, procedures, or guidelines that the 80
director determines are necessary to administer the program.81

       (D) There is hereby created in the state treasury the 82
alternative fuel transportation grant fund. The fund shall consist 83
of money as may be specified by the general assembly from the 84
advanced energy efficiency revolving loan fund created by section 85
4928.61 of the Revised Code. Money in the fund shall be used to 86
make grants under the alternative fuel transportation grant 87
program and by the director in the administration of that program.88

       Sec. 123.011.  (A) ThereAs used in this section:89

       (1) "Construct" includes reconstruct, improve, renovate, 90
enlarge, or otherwise alter.91

        (2) "Energy consumption analysis" means the evaluation of all 92
energy consuming systems, components, and equipment by demand and 93
type of energy, including the internal energy load imposed on a 94
facility by its occupants and the external energy load imposed by 95
climatic conditions.96

       (3) "Energy performance index" means a number describing the 97
energy requirements of a facility per square foot of floor space 98
or per cubic foot of occupied volume as appropriate under defined 99
internal and external ambient conditions over an entire seasonal 100
cycle.101

       (4) "Facility" means a building or other structure, or part 102
of a building or other structure, that includes provision for a 103
heating, refrigeration, ventilation, cooling, lighting, hot water, 104
or other major energy consuming system, component, or equipment.105

       (5) "State funded" means funded in whole or in part through 106
appropriation by the general assembly or through the use of any 107
guarantee provided by this state.108

        (6) "State institution of higher education" has the same 109
meaning as in section 3345.011 of the Revised Code.110

       (B) There is hereby created within the department of111
administrative services an office to be known as the office of 112
energy services. The office shall be under the supervision of a 113
manager, who shall be appointed by the director of administrative 114
services. The director shall assign to the office asuch number of 115
employees and furnish such equipment and supplies that the 116
director considersas are necessary for the proper performance of 117
the office's duties assigned to the office.118

       The office shall develop energy efficiency and conservation119
programs in each of the following areas:120

       (1) New construction design and review;121

       (2) Existing building audit and retrofit;122

       (3) Energy efficient procurement;123

       (4) AlternateAlternative fuel vehicles.124

       The office may accept and administer grants from public and 125
private sources for carrying out any of its duties under this 126
section.127

       (B) In addition to its duties under division (A) of this 128
section, the office shall assist the department in its 129
responsibility for state-owned, assisted, and leased facilities by 130
ensuring that energy conservation goals are observed in the 131
design, construction, renovation, and utilization of these 132
facilities in a manner that will minimize the consumption of 133
energy used in the operation and maintenance of such facilities. 134
This process shall include the use of life-cycle costs, including 135
construction, the costs of operation and maintenance of the 136
facility as it affects energy consumption over the economic life 137
of the facility, and energy consumption analyses of existing 138
facilities in order to determine and require necessary changes in 139
the operation and maintenance of such facilities.140

       As used in this section:141

       (1) "Facility" means a building or other structure that142
includes provision for a heating or cooling system, or both, or143
for a hot water system.144

       (2) "State-assisted facility" means a facility constructed or 145
renovated in whole or in part with state or federal funds or with 146
funds guaranteed or provided by or through a state agency.147

       (3) "Energy consumption analysis" means the evaluation of all 148
energy consuming systems and components by demand and type of149
energy, including the internal energy load imposed on a facility150
by its occupants, equipment, and components and the external151
energy load imposed on a facility by climatic conditions.152

       (4) "Energy performance index" means a number describing the 153
energy requirements of a facility per square foot of floor space 154
or per cubic foot of occupied volume as appropriate under defined 155
internal and external ambient conditions over an entire seasonal 156
cycle.157

       (5) "Life-cycle costs" means the cost of owning, operating, 158
and maintaining a facility over the life of the structure. This 159
may be expressed as an annual cost for each year of the facility's 160
use.161

       (C) No state agency, department, division, bureau, office, 162
unit, board, commission, authority, quasi-governmental entity, or 163
institution, including those agencies otherwise excluded from the 164
jurisdiction of the department under division (A)(3) of section 165
123.01 of the Revised Code, shall lease, construct, or havecause 166
to be leased or constructed, within the limits prescribed in this 167
section, a state-funded facility, without having secured from the168
office a proper evaluation of life-cycle costscost analysis or, 169
in the case of a lease, an energy consumption analysis, as 170
computed or prepared by a qualified architect or engineer in 171
accordance with the rules required by division (D) of this 172
section. Construction173

       Construction shall proceed only upon the disclosure to the 174
office, for the facility chosen, of the life-cycle costs as 175
determined in this section and the capitalization of the initial 176
construction costs of the building. The results of life-cycle 177
costscost analysis shall be a primary consideration in the178
selection of a building design. SuchThat analysis shall be 179
required only for construction of buildings with an area of five 180
thousand square feet or greater. No such agency shallAn energy 181
consumption analysis for the term of a proposed lease shall be 182
required only for the leasing of an area of twenty thousand square 183
feet or greater within a given building boundary, without having 184
secured from the office a proper evaluation of an energy 185
consumption analysis for the term of the proposed lease. Such 186
energy consumption. That analysis shall be a primary consideration 187
in the selection of a facility to be leased. Nothing188

       Nothing in this section shall deprive or limit any state189
agency that has review authority over design or, construction, or 190
leasing plans from requiring a life-cycle cost analysis or energy 191
consumption analysis.192

       Whenever any state department, agency, department, division, 193
bureau, office, unit, board, commission, authority, 194
quasi-governmental entity, or institution requests release of 195
capital improvement funds for any state-funded facility, it shall 196
submit copies of all pertinent life-cycle cost analyses prepared 197
pursuant to this section and in accordance with rules adopted 198
under Chapters 3781. and 4101. of the Revised Code.199

       (D) TheFor the purposes of assisting the department in its 200
responsibility for state-funded facilities pursuant to section 201
123.01 of the Revised Code and of cost-effectively reducing the 202
energy consumption of those and any other state-funded facilities, 203
thereby promoting fiscal, economic, and environmental benefits to 204
this state, the office shall promulgate rules and procedures,205
including energy conservation performance guidelines, for206
conducting a life-cycle cost analysis of alternative architectural 207
and engineering designs and for developing energy performance 208
indices to evaluate the efficiency of energy utilization of 209
competing designs in the construction of state-financed and leased 210
facilities. The rules and procedures shall take effect February 3, 211
1979.212

       Thespecifying cost-effective, energy efficiency and 213
conservation standards that may govern the lease, design, 214
construction, operation, and maintenance of all state-funded 215
facilities except facilities of state institutions of higher 216
education. The office of energy efficiency in the department of 217
development shall cooperate in providing information and technical 218
expertise to the office of energy services to ensure promulgation 219
of rules of maximum effectiveness. The standards prescribed by 220
rules promulgated under this division may draw from or 221
incorporate, by reference or otherwise and in whole or in part, 222
standards already developed or implemented by any competent, 223
public or private standards organization or program. The rules 224
also may include any of the following:225

        (1) Specifications for a life-cycle cost analysis that shall 226
determine the reasonably expected fuel costs over, for the 227
economic life of the building that are required to maintain 228
illumination, power, temperature, humidity, ventilationsuch 229
state-funded facility, and all other energy consuming equipment in 230
a facility and the reasonablereasonably expected costs of 231
probablefacility ownership, operation, and maintenance including 232
labor,and materials, and building operation. The life-cycle cost 233
analysis shall include, but not be limited. Life-cycle cost may be 234
expressed as an annual cost for each year of the facility's use. 235
Further, the life-cycle cost analysis may demonstrate for each 236
design how the design contributes to energy efficiency and 237
conservation with respect to,any of the following:238

       (1)(a) The coordination, orientation, and positioning of the239
facility on its physical site;240

       (2)(b) The amount and type of glass employed in the facility241
and the directions of exposure;242

       (3)(c) Thermal characteristics of materials, including the243
effect of insulation incorporated into facility design, including 244
insulation;245

       (4)(d) Architectural features whichthat affect energy246
consumption, including the effect of solar utilization of the247
absorption and reflection properties of external surfaces;248

       (5)(e) The variable occupancy and operating conditions of the249
facility and subportionsportions of the facility, including 250
illumination levels;251

       (6) An(f) Any other pertinent, physical characteristics of 252
the design.253

        A life-cycle cost analysis additionally may include an energy 254
consumption analysis that conforms to division (D)(2) of this 255
section.256

        (2) Specifications for an energy consumption analysis of the 257
facility's heating, refrigeration, ventilation, cooling, lighting, 258
hot water, and other major equipment of the facility's heating, 259
ventilating, and cooling system, lighting system, hot water 260
system, and all other energy consuming systems, components, and 261
equipment as appropriate. This analysis shall include both of the 262
following:263

       (a) The comparison of two or more system alternatives, one of 264
which may be a system using solar energy;265

       (b) The projection of the annual energy consumption of those266
major energy consuming systems, components, and equipment and 267
systems, for a range of operation of the facility over the 268
economic life of the facility;269

       (c) An evaluation of the energy consumption of component270
equipment in each system,and considering thetheir operation of 271
such components at other than full or rated outputs.272

       The rulesA life-cycle cost analysis and energy consumption 273
analysis shall be based on the best currently available methods of 274
analysesanalysis, includingsuch as those of the national bureau 275
of standards, the department of housing and urban development,or276
other federal agencies and, professional societies, and materials277
directions developed by the department.278

       The office shall promulgate rules(3) Specifications for 279
energy performance indices, as defined in division (B)(4) of this280
section, to be used to audit and evaluate competing design 281
proposals submitted to the state.282

        (4) A requirement that, not later than two years after the 283
effective date of this amendment, each state-funded facility 284
except a facility of a state institution of higher education is 285
managed by at least one building operator certified under the 286
building operator certification program or any equivalent program 287
or standards as shall be prescribed in the rules and considered 288
reasonably equivalent.289

       (5) An application process by which a project manager, as to 290
a specified state-funded facility except a facility of a state 291
institution of higher education, may apply for a waiver of 292
compliance with any provision of the rules required by divisions 293
(D)(1) to (4) of this section.294

       (E) The office shall conduct studies of the state's purchase 295
and use of supplies, automobiles, and equipment having a296
significant impact on energy use by government, in order to297
determine the potential for energy conservation. The department of 298
development shall advise the office on the state of the art of 299
energy efficiency, both generally and with reference to the cost 300
of various levels of energy efficiency. The office of energy 301
services shall promulgate rules to ensure that energy efficiency 302
and conservation will be considered in state purchasingthe 303
purchase of products and equipment, except motor vehicles, by any 304
state agency, department, division, bureau, office, unit, board, 305
commission, authority, quasi-governmental entity, or institution. 306
Minimum energy efficiency standards onfor purchased products and 307
equipment shallmay be required, based on federal testing and 308
labeling where available or on standards developed by the 309
department. Life-cycle cost analysisoffice. The rules shall apply 310
to the competitive selection of energy consuming systems, 311
components, and equipment and components shall be made part of the 312
competitive selection procedures ofunder Chapter 125. of the 313
Revised Code where possible.314

       Not later than January 1, 1979, theThe office also shall 315
take the initiative in implementingensure energy efficient and 316
energy conserving purchasing measures throughpractices by doing 317
all of the following means:318

       (1) IdentifyingCooperatively with the office of energy 319
efficiency, identifying available energy efficiency and320
conservation opportunities available;321

       (2) Providing for interchange of information among state322
purchasing agencies;323

       (3) Identifying laws, policies, rules, and procedures which324
that need modification;325

       (4) Monitoring experience with energy conservation buying326
practicesand the cost-effectiveness of this state's purchase and 327
use of motor vehicles and of major energy-consuming systems, 328
components, equipment, and products having a significant impact on 329
energy consumption by government;330

       (5) ProvidingCooperatively with the office of energy 331
efficiency, providing technical assistance and training programs 332
and workshops forto state employees involved in the purchasing 333
process.334

       The department of development shall make recommendations to335
the office regarding planning and implementation of purchasing 336
policies and procedures supportive of energy efficiency and337
conservation.338

       (F)(1) The office of energy services shall require all 339
departments,state agencies, state institutions, universities, 340
collegesdepartments, divisions, bureaus, offices, units, 341
commissions, boards, authorities, commissions, boards, and342
quasi-governmental entities, institutions, and state institutions 343
of higher education to implement procedures ensuring that all 344
their passenger automobiles acquired in each fiscal year, except 345
for those passenger automobiles acquired for use in law346
enforcement or emergency rescue work, achieve a fleet average fuel 347
economy of not less than twenty miles per gallon in fiscal year 348
1979, not less than twenty-one miles per gallon in fiscal year 349
1980, and, in each fiscal year thereafter, not less than the fleet 350
average fuel economy prescribed, by rule, by the office for that 351
fiscal year in accordance with this division.352

       Prioras shall be prescribed by the office by rule. The 353
office shall promulgate the rule prior to the beginning of fiscal 354
year 1981 and eachthe fiscal year thereafter, the office shall 355
adopt rules prescribing the fleet average fuel economy all 356
passenger automobiles acquired by all departments, agencies, state 357
institutions, universities, colleges, authorities, commissions, 358
boards, and quasi-governmental entities of state government during 359
the fiscal year covered by the rules must achieve, except for 360
those passenger automobiles acquired for use in law enforcement or361
emergency rescue work. These rules shall not be less stringent362
thanin accordance with the average fuel economy standards 363
established pursuant to federal law for passenger automobiles 364
manufactured during the model year that begins during the fiscal 365
year.366

       (1)(2) Each department,state agency, state institution,367
university, collegedepartment, division, bureau, office, unit, 368
commission, board, authority, commission, board, and369
quasi-governmental entity of state government, institution, and 370
state institution of higher education shall determine its fleet 371
average fuel economy by dividing:372

       (a) The total number of passenger vehicles acquired during373
the fiscal year, except for those passenger vehicles acquired for374
use in law enforcement or emergency rescue work, by375

       (b) A sum of terms, each of which is a fraction created by376
dividing:377

       (i) The number of passenger vehicles of a given make, model, 378
and year, except for passenger vehicles acquired for use in law 379
enforcement or emergency rescue work, acquired during the fiscal 380
year, by381

       (ii) The fuel economy measured by the administrator of the382
United States environmental protection agency, for the given make, 383
model, and year of vehicle, that constitutes an average fuel 384
economy for combined city and highway driving.385

       (2) As used in division (F)(1)(2) of this section, "acquired"386
means leased for a period of sixty continuous days or more, or387
purchased.388

       (G) Each state agency, department, division, bureau, office, 389
unit, board, commission, authority, quasi-governmental entity, 390
institution, and state institution of higher education shall 391
comply with any applicable provision of this section or of a rule 392
promulgated pursuant to division (D) or (F) of this section.393

       Sec. 125.15.  All state agencies required to secure any 394
equipment, materials, supplies, or services from the department of 395
administrative services shall make acquisition in the manner and 396
upon forms prescribed by the director of administrative services 397
and shall reimburse the department for the equipment, materials, 398
supplies, or services, including a reasonable sum to cover the 399
department's administrative costs and costs relating to energy 400
efficiency and conservation programs, whenever reimbursement is 401
required by the department. The money so paid shall be deposited 402
in the state treasury to the credit of the general services fund 403
or the information technology fund, as appropriate. Those funds404
are hereby created.405

       Sec. 125.834.  (A) The department of administrative services 406
shall ensure that all new motor vehicles acquired on and after 407
July 1, 2006, by the state for use by state agencies under section 408
125.832 of the Revised Code are capable of using alternative 409
fuels. A state agency that is acquiring new motor vehicles under 410
division (G)(1) of section 125.832 of the Revised Code shall 411
report annually, in a manner prescribed by the director of 412
administrative services, the number of new motor vehicles acquired 413
by the state agency and the number of those motor vehicles that 414
are capable of using alternative fuel.415

       (B) The department shall not purchase or lease, or authorize 416
the purchase or lease by a state agency of, any motor vehicles 417
that are incapable of using alternative fuels, unless one or more 418
of the following apply:419

       (a)(1) The department or state agency is unable to acquire or 420
operate motor vehicles within the cost limitations described in 421
rules adopted under division (D) of this section.422

       (b)(2) The use of alternative fuels would not meet the energy 423
conservation and exhaust emissions criteria described in rules 424
adopted under division (D) of this section.425

       (c)(3) An emergency exists or exigent circumstances exist, as 426
determined by the department of administrative services.427

       (C) Not later than ninety days after the effective date of 428
this sectionOctober 12, 2006, all motor vehicles owned or leased 429
by the state that are capable of using an alternative fuel shall 430
use an alternative fuel if the fuel is reasonably available at a 431
reasonable price. Subject to division (D) of this section, motor 432
vehicles owned or leased by the state shall use at least sixty 433
thousand gallons of E85 blend fuel per calendar year by January 1, 434
2007, with an increase of five thousand gallons per calendar year 435
each calendar year thereafter, and at least one million gallons of 436
blended biodiesel per calendar year by January 1, 2007, with an 437
increase of one hundred thousand gallons per calendar year each 438
calendar year thereafter. The director of administrative services, 439
under Chapter 119. of the Revised Code, shall adopt rules to 440
implement the fuel use requirement of this division, and the 441
directors and heads of all state departments and agencies shall 442
issue a directive to all state employees who use state motor 443
vehicles informing them of the fuel use requirement. The directive 444
shall instruct state employees to purchase alternative fuels at 445
retail fuel facilities whenever possible.446

       As used in this division, "motor vehicle" has the same 447
meaning as in section 125.831 of the Revised Code and also 448
includes all on-road and off-road vehicles powered by diesel fuel, 449
regardless of gross vehicle weight.450

       (D) The director of administrative services shall adopt and 451
may amend, under Chapter 119. of the Revised Code, rules that 452
include both of the following:453

       (1) Requirements for state agencies in the procurement of 454
alternative fuels and motor vehicles capable of using alternative 455
fuels, and cost limitations for the acquisition and operation of 456
such vehicles;457

       (2) Energy conservation and exhaust emissions criteria for 458
motor vehicles capable of using alternative fuels.459

       Sec. 1510.04.  (A) Independent producers in this state may 460
present the technical advisory council with a petition signed by 461
the lesser of one hundred or ten per cent of all such producers 462
requesting that the council hold a referendum in accordance with 463
section 1510.05 of the Revised Code to establish a marketing 464
program for oil and natural gas or to amend an existing program.465

       (B) At the time of presentation of the petition to the 466
council under division (A) of this section, the petitioners also 467
shall present the proposed program or amendment, which shall 468
include all of the following:469

       (1) The rate of assessment to be made on the production of 470
oil and natural gas in this state, which shall not exceed one cent471
five cents per each gross barrel of oil and one-tenth of one cent 472
per thousand cubic feet of natural gas;473

       (2) Terms, conditions, limitations, and other qualifications 474
for assessment;475

       (3) Procedures to refund the assessment.476

       (C) Before making a decision under this division to approve 477
or disapprove a proposed program or amendment, the council shall 478
publish in at least two appropriate periodicals designated by the 479
council a notice that the program or amendment has been proposed 480
and informing interested persons of the procedures for submitting 481
comments regarding the proposal. After publishing the notice, the 482
council shall provide interested persons with a copy of the 483
proposed program or amendment and an opportunity to comment on the 484
proposed program or amendment for thirty days after the 485
publication of the notice. The petitioners may make changes to the 486
proposed program or amendment based upon the comments received. 487
The council may make technical changes to the proposal to ensure 488
compliance with this chapter. Subsequent to any changes made by 489
the petitioners or any technical changes made by the council to a 490
proposed program or amendment, the council may approve or 491
disapprove the proposed program or amendment.492

       (D) If the council approves the proposed program or 493
amendment, with any changes made under division (C) of this 494
section, the council shall hold a referendum in accordance with 495
section 1510.05 of the Revised Code to establish a marketing 496
program for oil and natural gas or to amend an existing program.497

       Sec. 3345.69.  (A) As used in this section:498

       (1) "State institution of higher education" has the same 499
meaning as in section 3345.011 of the Revised Code.500

       (2) "Board of trustees of a state institution of higher 501
education" has the same meaning as in section 3345.61 of the 502
Revised Code.503

       (B) The chairperson of the interuniversity council of Ohio 504
and the secretary of the Ohio association of community colleges 505
shall assist in coordinating the organization and operation of a 506
committee to carry out this section. The committee shall be 507
comprised of the presidents of the state institutions of higher 508
education or their designees. The committee, in consultation with 509
the office of energy services of the department of administrative 510
services, shall develop guidelines for the board of trustees of 511
each state institution of higher education to use in ensuring 512
energy efficiency and conservation in on- and off-campus 513
buildings. Initial guidelines shall be adopted not later than 514
ninety days after the effective date of this section. At a 515
minimum, guidelines under this section shall do all of the 516
following:517

       (1) Include a goal to reduce on- and off-campus building 518
energy consumption by at least twenty per cent by 2014, using 519
calendar year 2004 as the benchmark year, while recognizing the 520
diverse nature and different energy demands and uses of such 521
buildings and measures already taken to increase building energy 522
efficiency and conservation;523

       (2) Prescribe minimum energy efficiency and conservation 524
standards for any new, on- or off-campus capital improvement 525
project with a construction cost of one hundred thousand dollars 526
or more, which standards shall be based on general building type 527
and cost-effectiveness;528

       (3) Prescribe minimum energy efficiency and conservation 529
standards for the leasing of an off-campus space of at least 530
twenty-thousand square feet;531

       (4) Incorporate best practices into energy efficiency and 532
conservation standards and plans;533

       (5) Provide that each board develop its own fifteen-year plan 534
for phasing in energy efficiency and conservation projects;535

       (6) Provide that project impact assessments include the 536
fiscal effects of energy efficiency and conservation 537
recommendations and plans;538

       (7) Establish mechanisms for each board to report 539
periodically to the committee on its progress relative to the 540
guidelines.541

       (C) The board of trustees of a state institution of higher 542
education shall adopt rules under section 111.15 of the Revised 543
Code to carry out the guidelines established pursuant to division 544
(B) of this section, including in the execution of the board's 545
authority under sections 3345.62 to 3345.66 of the Revised Code.546

       Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of the 547
Revised Code:548

       (A) "Contiguous property" includes, but is not limited to, a 549
manufactured home park as defined in section 3733.01 of the550
Revised Code; a public or publicly subsidized housing project; an551
apartment complex; a condominium complex; a college or university; 552
an office complex; a shopping center; a hotel; an industrial park; 553
and a race track.554

       (B) "Gas" means:555

       (1) Naturalnatural gas, synthetic naturalflammable gas, or 556
a mixture of those gases;557

       (2) Petroleum gas when used in the transmission or558
distribution system of a natural gas which is toxic or gas company559
corrosive.560

       (C) "Gathering lines" and the "gathering of gas" have the561
same meaning as in the Natural Gas Pipeline Safety Act and the562
rules adopted by the United States department of transportation563
pursuant to the Natural Gas Pipeline Safety Act, including 49564
C.F.R. part 192, as amended.565

       (D) "Intrastate pipe-line transportation" has the same566
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as567
amended, but excludes the gathering of gas exempted by the Natural 568
Gas Pipeline Safety Act.569

       (E) "Master-meter system" means a pipe-line system that570
distributes gas within a contiguous property for which the system571
operator purchases gas for resale to consumers, including tenants. 572
Such pipe-line system supplies consumers who purchase the gas 573
directly through a meter, or by paying rent, or by other means. 574
The term includes a master-meter system as defined in 49 C.F.R. 575
191.3, as amended. The term excludes a pipeline within a576
manufactured home, mobile home, or a building.577

       (F) "Natural Gas Pipeline Safety Act" means the "Natural Gas 578
Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App. 1671 579
et seq., as amended.580

       (G) "Operator" means any of the following:581

       (1) A gas company or natural gas company as defined in582
section 4905.03 of the Revised Code, except that division (A)(6)583
of that section does not authorize the public utilities commission 584
to relieve any producer of gas, as a gas company or natural gas 585
company, of compliance with sections 4905.90 to 4905.96 of the 586
Revised Code or the pipe-line safety code created under section 587
4905.91 of the Revised Code;588

       (2) A pipe-line company, as defined in section 4905.03 of the 589
Revised Code, when engaged in the business of transporting gas by 590
pipeline;591

       (3) A public utility that is excepted from the definition of 592
"public utility" under division (B) or (C) of section 4905.02 of 593
the Revised Code, when engaged in supplying or transporting gas by 594
pipeline within this state;595

       (4) Any person that owns, operates, manages, controls, or596
leases any of the following:597

       (a) Intrastate pipe-line transportation facilities within598
this state;599

       (b) Gas gathering lines within this state which are not600
exempted by the Natural Gas Pipeline Safety Act;601

       (c) A master-meter system within this state.602

       "Operator" does not include an ultimate consumer who owns a603
service line, as defined in 49 C.F.R. 192.3, as amended, on the604
real property of that ultimate consumer.605

       (H) "Operator of a master-meter system" means a person606
described under division (F)(4)(c) of this section. An operator of 607
a master-meter system is not a public utility under section608
4905.02 or a gas or natural gas company under section 4905.03 of609
the Revised Code.610

       (I) "Person" means:611

       (1) In addition to those defined in division (C) of section 612
1.59 of the Revised Code, a joint venture or a municipal613
corporation;614

       (2) Any trustee, receiver, assignee, or personal615
representative of persons defined in division (H)(1) of this616
section.617

       (J) "Safety audit" means the public utilities commission's618
audit of the premises, pipe-line facilities, and the records,619
maps, and other relevant documents of a master-meter system to620
determine the operator's compliance with sections 4905.90 to621
4905.96 of the Revised Code and the pipe-line safety code.622

       (K) "Safety inspection" means any inspection, survey, or623
testing of a master-meter system which is authorized or required624
by sections 4905.90 to 4905.96 of the Revised Code and the625
pipe-line safety code. The term includes, but is not limited to,626
leak surveys, inspection of regulators and critical valves, and627
monitoring of cathodic protection systems, where applicable.628

       (L) "Safety-related condition" means any safety-related629
condition defined in 49 C.F.R. 191.23, as amended.630

       (M) "Synthetic natural gas" means gas formed from feedstocks 631
other than natural gas, including coal, oil, or naphtha.632

       (N) "Total Mcfs of gas it supplied or delivered" means the633
sum of the following volumes of gas that an operator supplied or634
delivered, measured in units per one thousand cubic feet:635

       (1) Residential sales;636

       (2) Commercial and industrial sales;637

       (3) Other sales to public authorities;638

       (4) Interdepartmental sales;639

       (5) Sales for resale;640

       (6) Transportation of gas.641

       Sec. 4928.01.  (A) As used in this chapter:642

       (1) "Ancillary service" means any function necessary to the643
provision of electric transmission or distribution service to a 644
retail customer and includes, but is not limited to, scheduling, 645
system control, and dispatch services; reactive supply from 646
generation resources and voltage control service; reactive supply 647
from transmission resources service; regulation service; frequency648
response service; energy imbalance service; operating649
reserve-spinning reserve service; operating reserve-supplemental650
reserve service; load following; back-up supply service;651
real-power loss replacement service; dynamic scheduling; system652
black start capability; and network stability service.653

       (2) "Billing and collection agent" means a fully independent654
agent, not affiliated with or otherwise controlled by an electric655
utility, electric services company, electric cooperative, or 656
governmental aggregator subject to certification under section 657
4928.08 of the Revised Code, to the extent that the agent is under 658
contract with such utility, company, cooperative, or aggregator659
solely to provide billing and collection for retail electric660
service on behalf of the utility company, cooperative, or 661
aggregator.662

       (3) "Certified territory" means the certified territory663
established for an electric supplier under sections 4933.81 to 664
4933.90 of the Revised Code as amended by Sub. S.B. No. 3 of the 665
123rd general assembly.666

       (4) "Competitive retail electric service" means a component 667
of retail electric service that is competitive as provided under 668
division (B) of this section.669

       (5) "Electric cooperative" means a not-for-profit electric 670
light company that both is or has been financed in whole or in 671
part under the "Rural Electrification Act of 1936," 49 Stat. 1363, 672
7 U.S.C. 901, and owns or operates facilities in this state to 673
generate, transmit, or distribute electricity, or a not-for-profit 674
successor of such company.675

       (6) "Electric distribution utility" means an electric utility676
that supplies at least retail electric distribution service.677

       (7) "Electric light company" has the same meaning as in 678
section 4905.03 of the Revised Code and includes an electric 679
services company, but excludes any self-generator to the extent it 680
consumes electricity it so produces or to the extent it sells for 681
resale electricity it so produces.682

       (8) "Electric load center" has the same meaning as in section683
4933.81 of the Revised Code.684

       (9) "Electric services company" means an electric light 685
company that is engaged on a for-profit or not-for-profit basis in 686
the business of supplying or arranging for the supply of only a 687
competitive retail electric service in this state. "Electric 688
services company" includes a power marketer, power broker, 689
aggregator, or independent power producer but excludes an electric 690
cooperative, municipal electric utility, governmental aggregator, 691
or billing and collection agent.692

       (10) "Electric supplier" has the same meaning as in section693
4933.81 of the Revised Code.694

       (11) "Electric utility" means an electric light company that695
is engaged on a for-profit basis in the business of supplying a 696
noncompetitive retail electric service in this state or in the 697
businesses of supplying both a noncompetitive and a competitive 698
retail electric service in this state. "Electric utility" excludes 699
a municipal electric utility or a billing and collection agent. 700

       (12) "Firm electric service" means electric service other 701
than nonfirm electric service.702

       (13) "Governmental aggregator" means a legislative authority 703
of a municipal corporation, a board of township trustees, or a 704
board of county commissioners acting as an aggregator for the 705
provision of a competitive retail electric service under authority 706
conferred under section 4928.20 of the Revised Code. 707

       (14) A person acts "knowingly," regardless of the person's708
purpose, when the person is aware that the person's conduct will709
probably cause a certain result or will probably be of a certain710
nature. A person has knowledge of circumstances when the person is 711
aware that such circumstances probably exist.712

       (15) "Level of funding for low-income customer energy 713
efficiency programs provided through electric utility rates" means 714
the level of funds specifically included in an electric utility's 715
rates on the effective date of this sectionOctober 5, 1999,716
pursuant to an order of the public utilities commission issued 717
under Chapter 4905. or 4909. of the Revised Code and in effect on 718
the day before the effective date of this sectionOctober 4, 1999, 719
for the purpose of improving the energy efficiency of housing for 720
the utility's low-income customers. The term excludes the level of 721
any such funds committed to a specific nonprofit organization or 722
organizations pursuant to a stipulation or contract.723

       (16) "Low-income customer assistance programs" means the724
percentage of income payment plan program as prescribed in rules725
4901:1-18-02(B) to (G) and 4901:1-18-04(B) of the Ohio726
Administrative Code in effect on the effective date of this727
section or, if modified pursuant to authority under section728
4928.53 of the Revised Code, the program as modified;, the home729
energy assistance program as prescribed in section 5117.21 of the730
Revised Code and in executive order 97-1023-V or, if modified731
pursuant to authority under section 4928.53 of the Revised Code,732
the program as modified;, the home weatherization assistance733
program as prescribed in division (A)(6) of section 122.011 and in734
section 122.02 of the Revised Code or, if modified pursuant to735
authority under section 4928.53 of the Revised Code, the program736
as modified; the Ohio energy credit program as prescribed in737
sections 5117.01 to 5117.05, 5117.07 to 5117.12, and 5117.99 of738
the Revised Code or, if modified pursuant to authority under739
section 4928.53 of the Revised Code, the program as modified;, and740
the targeted energy efficiency and weatherization program741
established under section 4928.55 of the Revised Code.742

       (17) "Market development period" for an electric utility 743
means the period of time beginning on the starting date of 744
competitive retail electric service and ending on the applicable 745
date for that utility as specified in section 4928.40 of the 746
Revised Code, irrespective of whether the utility applies to 747
receive transition revenues under this chapter.748

       (18) "Market power" means the ability to impose on customers 749
a sustained price for a product or service above the price that750
would prevail in a competitive market.751

       (19) "Mercantile commercial customer" means a commercial or752
industrial customer if the electricity consumed is for753
nonresidential use and the customer consumes more than seven754
hundred thousand kilowatt hours per year or is part of a national755
account involving multiple facilities in one or more states.756

       (20) "Municipal electric utility" means a municipal 757
corporation that owns or operates facilities to generate, 758
transmit, or distribute electricity.759

       (21) "Noncompetitive retail electric service" means a 760
component of retail electric service that is noncompetitive as 761
provided under division (B) of this section.762

       (22) "Nonfirm electric service" means electric service 763
provided pursuant to a schedule filed under section 4905.30 of the 764
Revised Code or pursuant to an arrangement under section 4905.31 765
of the Revised Code, which schedule or arrangement includes 766
conditions that may require the customer to curtail or interrupt 767
electric usage during nonemergency circumstances upon notification 768
by an electric utility.769

       (23) "Percentage of income payment plan arrears" means funds770
eligible for collection through the percentage of income payment771
plan rider, but uncollected as of July 1, 2000.772

       (24) "Person" has the same meaning as in section 1.59 of the773
Revised Code.774

       (25) "ProjectAdvanced energy project" means any real or 775
personal property connected with all or part of antechnologies, 776
products, activities, or management practices or strategies that 777
facilitate the generation or use of electricity and that reduce or 778
support the reduction of energy consumption or support the 779
production of clean, renewable energy for industrial, 780
distribution, commercial, orinstitutional, governmental, research 781
facility, not-for-profit facility, or residence that is to be 782
acquired, constructed, reconstructed, enlarged, improved,783
furnished, or equipped, or any combination of those activities,784
with aid furnished pursuant to sections 4928.61 to 4928.63 of the785
Revised Code for the purposes of not-for-profit, industrial,786
commercial, distribution, residential, and research development in787
this state. "Project" includes, but is not limited to, any788
small-scale renewables projectresidential energy users. Such 789
energy includes, but is not limited to, wind power; geothermal 790
energy; solar thermal energy; and energy produced by micro 791
turbines in distributed generation applications with high electric 792
efficiencies, by combined heat and power applications, by fuel 793
cells powered by hydrogen derived from wind, solar, biomass, 794
hydroelectric, landfill gas, or geothermal sources, or by solar 795
electric generation, landfill gas, or hydroelectric generation.796

       (26) "Regulatory assets" means the unamortized net regulatory797
assets that are capitalized or deferred on the regulatory books of798
the electric utility, pursuant to an order or practice of the799
public utilities commission or pursuant to generally accepted800
accounting principles as a result of a prior commission801
rate-making decision, and that would otherwise have been charged802
to expense as incurred or would not have been capitalized or803
otherwise deferred for future regulatory consideration absent804
commission action. "Regulatory assets" includes, but is not805
limited to, all deferred demand-side management costs; all806
deferred percentage of income payment plan arrears;807
post-in-service capitalized charges and assets recognized in808
connection with statement of financial accounting standards no.809
109 (receivables from customers for income taxes); future nuclear810
decommissioning costs and fuel disposal costs as those costs have811
been determined by the commission in the electric utility's most812
recent rate or accounting application proceeding addressing such813
costs; the underpreciatedundepreciated costs of safety and 814
radiation control equipment on nuclear generating plants owned or 815
leased by an electric utility; and fuel costs currently deferred 816
pursuant to the terms of one or more settlement agreements 817
approved by the commission.818

       (27) "Retail electric service" means any service involved in819
supplying or arranging for the supply of electricity to ultimate820
consumers in this state, from the point of generation to the point821
of consumption. For the purposes of this chapter, retail electric822
service includes one or more of the following "service823
components": generation service, aggregation service, power824
marketing service, power brokerage service, transmission service,825
distribution service, ancillary service, metering service, and826
billing and collection service.827

       (28) "Small electric generation facility" means an electric828
generation plant and associated facilities designed for, or829
capable of, operation at a capacity of less than two megawatts.830

       (29) "Starting date of competitive retail electric service"831
means January 1, 2001, except as provided in division (C) of this 832
section.833

       (30) "Customer-generator" means a user of a net metering 834
system.835

       (31) "Net metering" means measuring the difference in an 836
applicable billing period between the electricity supplied by an 837
electric service provider and the electricity generated by a 838
customer-generator whichthat is fed back to the electric service 839
provider.840

       (32) "Net metering system" means a facility for the 841
production of electrical energy that does all of the following:842

       (a) Uses as its fuel either solar, wind, biomass, landfill 843
gas, or hydropower, or uses a microturbine or a fuel cell;844

       (b) Is located on a customer-generator's premises;845

       (c) Operates in parallel with the electric utility's 846
transmission and distribution facilities;847

       (d) Is intended primarily to offset part or all of the848
customer-generator's requirements for electricity.849

       (33) "Self-generator" means an entity in this state that owns 850
an electric generation facility that produces electricity 851
primarily for the owner's consumption and that may provide any 852
such excess electricity to retail electric service providers, 853
whether the facility is installed or operated by the owner or by 854
an agent under a contract.855

       (B) For the purposes of this chapter, a retail electric 856
service component shall be deemed a competitive retail electric 857
service if the service component is competitive pursuant to a 858
declaration by a provision of the Revised Code or pursuant to an 859
order of the public utilities commission authorized under division 860
(A) of section 4928.04 of the Revised Code. Otherwise, the 861
service component shall be deemed a noncompetitive retail electric 862
service.863

       (C) Prior to January 1, 2001, and after application by an 864
electric utility, notice, and an opportunity to be heard, the 865
public utilities commission may issue an order delaying the 866
January 1, 2001, starting date of competitive retail electric 867
service for the electric utility for a specified number of days 868
not to exceed six months, but only for extreme technical 869
conditions precluding the start of competitive retail electric 870
service on January 1, 2001.871

       Sec. 4928.57.  On and after the starting date of competitive 872
retail electric service, the director of development shall provide 873
a report every two years until 2008 to the standing committees of 874
the general assembly that deal with public utility matters, 875
regarding the effectiveness of the low-income customer assistance 876
programs and the consumer education program, and the effectiveness 877
of the advanced energy efficiency revolving loan program created 878
under sections 4928.61 to 4928.63 of the Revised Code.879

       Sec. 4928.58.  (A) There is hereby created the public880
benefits advisory board, which has the purpose of ensuring that881
energy services be provided to low-income consumers in this state882
in an affordable manner consistent with the policy specified in883
section 4928.02 of the Revised Code. The advisory board shall884
consist of twenty-one members as follows: the director of885
development, the chairperson of the public utilities commission,886
the consumers' counsel, and the director of the air quality887
development authority, each serving ex officio and represented by888
a designee at the official's discretion; two members of the house889
of representatives appointed by the speaker of the house of890
representatives, neither of the same political party, and two891
members of the senate appointed by the president of the senate,892
neither of the same political party; and thirteen members893
appointed by the governor with the advice and consent of the894
senate, consisting of one representative of suppliers of895
competitive retail electric service; one representative of the896
residential class of electric utility customers; one897
representative of the industrial class of electric utility898
customers; one representative of the commercial class of electric899
utility customers; one representative of agricultural or rural900
customers of an electric utility; two customers receiving901
assistance under one or more of the low-income customer assistance902
programs, to represent customers eligible for any such assistance,903
including senior citizens; one representative of the general904
public; one representative of local intake agencies; one905
representative of a community-based organization serving906
low-income customers; one representative of environmental907
protection interests; one representative of lending institutions;908
and one person considered an expert in energy efficiency or909
renewables technology. Initial appointments shall be made not910
later than November 1, 1999.911

       (B) Initial terms of six of the appointed members shall end912
on June 30, 2003, and initial terms of the remaining seven913
appointed members shall end on June 30, 2004. Thereafter, terms of 914
appointed members shall be for three years, with each term ending 915
on the same day of the same month as the term it succeeds. Each 916
member shall hold office from the date of the member's appointment 917
until the end of the term for which the member was appointed. 918
Members may be reappointed.919

       Vacancies shall be filled in the manner provided for original920
appointments. Any member appointed to fill a vacancy occurring921
prior to the expiration date of the term for which the member's922
predecessor was appointed shall hold office as a member for the923
remainder of that term. A member shall continue in office after924
the expiration date of the member's term until the member's925
successor takes office or until a period of sixty days has926
elapsed, whichever occurs first.927

       (C) Board members shall be reimbursed for their actual and928
necessary expenses incurred in the performance of board duties. 929
The reimbursements constitute, as applicable, administrative costs930
of the low-income customer assistance programs for the purpose of931
division (A) of section 4928.51 of the Revised Code or932
administrative costs of the advanced energy efficiency revolving 933
loan program for the purpose of division (A) of section 4528.61 of 934
the Revised Code.935

       (D) The advisory board shall select a chairperson from among936
its members. Only board members appointed by the governor with the 937
advice and consent of the senate shall be voting members of the938
board; each shall have one vote in all deliberations of the board. 939
A majority of the voting members constitute a quorum.940

       (E) The duties of the advisory board shall be as follows:941

       (1) Advise the director in the administration of the942
universal service fund and the low-income customer assistance943
programs and advise the director on the director's recommendation944
to the commission regarding the appropriate level of the universal945
service rider;946

       (2) Advise the director on the administration of the advanced947
energy efficiency revolving loan program and the advanced energy 948
efficiency revolving loan program fund under sections 4928.61 to 949
4928.63 of the Revised Code.950

       (F) The advisory board is not an agency for purposes of951
sections 101.82 to 101.87 of the Revised Code.952

       Sec. 4928.61.  (A) There is hereby established in the state953
treasury anthe advanced energy efficiency revolving loan fund, 954
into which shall be deposited all advanced energy efficiency955
revenues remitted to the director of development under division 956
(B) of this section, for the exclusive purposes of funding the 957
advanced energy efficiency revolving loan program created under958
section 4928.62 of the Revised Code and paying the program's959
administrative costs. Interest on the fund shall be credited to 960
the fund.961

       (B) Energy efficiencyAdvanced energy revenues shall include 962
all of the following:963

       (1) Revenues remitted to the director after collection by 964
each electric distribution utility in this state of a temporary 965
rider on retail electric distribution service rates as such rates 966
are determined by the public utilities commission pursuant to this967
chapter. The rider shall be a uniform amount statewide, determined 968
by the director of development, after consultation with the public 969
benefits advisory board created by section 4928.58 of the Revised 970
Code. The amount shall be determined by dividing an aggregate 971
revenue target for a given year as determined by the director, 972
after consultation with the advisory board, by the number of 973
customers of electric distribution utilities in this state in the 974
prior year. Such aggregate revenue target shall not exceed more975
than fifteen million dollars in any year through 2005 and shall 976
not exceed more than five million dollars in any year after 2005. 977
The rider shall be imposed beginning on the starting date of978
competitive retail electric serviceeffective date of the 979
amendment of this section by Sub. H.B. 251 of the 126th general 980
assembly and shall terminate at the end of ten years following 981
thatthe starting date of competitive retail electric service or 982
until the advanced energy efficiency revolving loan fund, 983
including interest, reaches one hundred million dollars, whichever 984
is first.985

       (2) Revenues from energy efficiency revolving loan program 986
loanpayments, repayments, and paymentscollections under the 987
advanced energy program and from energy efficiency revolving loan988
program loan collections pursuant to section 4928.62 of the 989
Revised Codeincome;990

       (3) Adequate revenuesRevenues remitted to the director after 991
collection by a municipal electric utility or electric cooperative 992
in this state not earlier than the starting date of competitive 993
retail electric service upon the utility's or cooperative's 994
decision to participate in the energy efficiency revolving loan 995
programadvanced energy fund;996

        (4) Interest earnings on the advanced energy fund.997

       (C)(1) Each electric distribution utility in this state shall 998
remit to the director on a quarterly basis the revenues described 999
in divisions (B)(1) and (2) of this section. Such remittances 1000
shall begin withoccur within thirty days after the firstend of 1001
each calendar quarter following the starting date of competitive 1002
retail electric service.1003

       (2) Each participating electric cooperative and participating1004
municipal electric utility shall remit to the director on a 1005
quarterly basis the revenues described in division (B)(3) of this 1006
section. Such remittances shall begin withoccur within thirty 1007
days after the firstend of each calendar quarter following the1008
participating cooperative's or utility's decision to participate. 1009
For the purpose of division (B)(3) of this section, the 1010
participation of an electric cooperative or municipal electric 1011
utility in the energy efficiency revolving loan program as it 1012
existed immediately prior to the effective date of the amendment 1013
of this section by Sub. H.B. 251 of the 126th general assembly 1014
does not constitute a decision to participate in the advanced 1015
energy fund under this section as so amended.1016

       (3) All remittances under divisions (C)(1) and (2) of this1017
section shall continue only until the end of ten years following 1018
thatthe starting date of competitive retail electric service or1019
until the advanced energy efficiency revolving loan fund, 1020
including interest, reaches one hundred million dollars, whichever 1021
is first.1022

       (D) Any moneys collected in rates for non-low-income customer1023
energy efficiency programs, as of the effective date of this1024
sectionOctober 5, 1999, and not contributed to the energy 1025
efficiency revolving loan fund authorized under division (B)(1) of1026
this section prior to the effective date of its amendment by Sub. 1027
H.B. 251 of the 126th general assembly, shall be used to continue 1028
to fund cost-effective, residential energy efficiency programs, be1029
contributed into the universal service fund as a supplement to 1030
that required under section 4928.53 of the Revised Code, or be 1031
returned to ratepayers in the form of a rate reduction at the 1032
option of the affected electric distribution utility.1033

       Sec. 4928.62.  (A) Beginning on the starting date of 1034
competitive retail electric service, thereThere is hereby created 1035
the advanced energy efficiency revolving loan program, which shall 1036
be administered by the director of development. Under the program, 1037
the director may authorize the use of moneys in the advanced1038
energy efficiency revolving loan fund for financial, technical, 1039
and related assistance for advanced energy projects in this state 1040
or for economic development assistance, in furtherance of the 1041
purposes set forth in section 4928.63 of the Revised Code. To the 1042
extent feasible given approved applications for assistance, the 1043
assistance shall be distributed among the certified territories of 1044
electric distribution utilities and participating electric 1045
cooperatives, and among the service areas of participating 1046
municipal electric utilities, in amounts proportionate to the1047
remittances of each utility and cooperative under divisions (B)(1)1048
and (3) of section 4928.61 of the Revised Code. The assistance may 1049
be provided by the director of development in the form of direct 1050
loans or grants, or through lending institutions in the form of 1051
loan participation agreements at below market rates or linked 1052
deposits. The total of all grants provided in any one fiscal year 1053
shall not exceed ten per cent of the revenues paid into the energy 1054
efficiency revolving loan fund during the previous fiscal year.1055

       The director shall not authorize financial assistance for an 1056
advanced energy project under the program unless the director 1057
first determines all of the following:1058

       (1) The project will include an investment in products,1059
technologies, or services, including energy efficiency for 1060
low-income housing, for residential, commercial and industrial 1061
business, local government, educational institution, nonprofit1062
entity, or agricultural customers of an electric distribution1063
utility in this state or a participating municipal electric1064
utility or electric cooperative in this state.1065

       (2) The project will improve energy efficiency in a 1066
cost-efficient manner by using both the most appropriate national, 1067
federal, or other standards for products as determined by the 1068
director, and the best practices for use of technology, products, 1069
or services in the context of the total facility or building.1070

       (3) The project will benefit the economic and environmental1071
welfare of the citizens of this state.1072

       (4) The receipt of financial assistance is a major factor in 1073
the applicant's decision to proceed with or invest inthat the 1074
project will create new jobs or preserve existing jobs in this 1075
state or use innovative technologies or materials.1076

       (B) In carrying out sections 4928.61 to 4928.63 of the 1077
Revised Code, the director may do all of the following for the 1078
purpose ofto further the public interest in advanced energy 1079
efficiency revolving loan programprojects and economic 1080
development:1081

       (1) Award grants, contracts, loans, loan participation 1082
agreements, linked deposits, and energy production incentives; 1083

       (2) Acquire in the name of the director any property of any 1084
kind or character in accordance with this section, by purchase, 1085
purchase at foreclosure, or exchange, on such terms and in such 1086
manner as the director considers proper;1087

       (2)(3) Make and enter into all contracts and agreements 1088
necessary or incidental to the performance of the director's 1089
duties and the exercise of the director's powers under those1090
sections 4928.61 to 4928.63 of the Revised Code;1091

       (3)(4) Employ or enter into contracts with financial 1092
consultants, marketing consultants, consulting engineers, 1093
architects, managers, construction experts, attorneys, technical 1094
monitors, energy evaluators, or other employees or agents as the 1095
director considers necessary, and fix their compensation;1096

       (4)(5) Adopt rules prescribing the application procedures for1097
financial assistance under the advanced energy program; the terms 1098
and conditions of any loans, grants, contracts, loans, loan 1099
participation agreements, linked deposits, and contractsenergy 1100
production incentives; criteria pertaining to the eligibility of 1101
participating lending institutions; and any other matters 1102
necessary for the implementation of the program;1103

       (5)(6) Do all things necessary and appropriate for the 1104
operation of the program.1105

       (C) The department of development may hold ownership to any 1106
unclaimed energy efficiency and renewable energy emission 1107
allowances provided for in Chapter 3745-14 of the Administrative 1108
Code or otherwise, that result from advanced energy projects that 1109
receive funding from the advanced energy fund, and it may use the 1110
allowances to further the public interest in advanced energy 1111
projects or for economic development.1112

        (D) Financial statements, financial data, and trade secrets1113
submitted to or received by the director from an applicant or 1114
recipient of financial assistance under sections 4928.61 to 1115
4928.63 of the Revised Code, or any information taken from those1116
statements, data, or trade secrets for any purpose, are not public1117
records for the purpose of section 149.43 of the Revised Code.1118

       (E) Nothing in the amendments of sections 4928.61, 4928.62, 1119
and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th 1120
general assembly shall affect any pending or effected assistance, 1121
pending or effected purchases or exchanges of property made, or 1122
pending or effected contracts or agreements entered into pursuant 1123
to division (A) or (B) of this section as the section existed 1124
prior to the effective date of those amendments or shall affect 1125
the exemption provided under division (C) of this section as the 1126
section existed prior to that effective date.1127

       (F) Any assistance a school district receives for an advanced 1128
energy project, including a geothermal heating, ventilating, and 1129
air conditioning system, shall be in addition to any assistance 1130
provided under Chapter 3318. of the Revised Code and shall not be 1131
included as part of the district or state portion of the basic 1132
project cost under that chapter.1133

       Sec. 4928.63.  The director of development and the public 1134
benefits advisory board have the powers and duties provided in 1135
sections 4928.61 and 4928.62 of the Revised Code, in order to 1136
promote the welfare of the people of this state, to; stabilize the1137
economy, to; assist in the improvement and development within this 1138
state of not-for-profit entity, industrial, commercial, 1139
distribution, residential, and research buildings and activities 1140
required for the people of this state, to; improve the economic 1141
welfare of the people of this state,by reducing energy costs and 1142
by reducing energy usage in a cost-efficient manner using, as 1143
determined by the director, both the most appropriate national, 1144
federal, or other standards for products and the best practices 1145
for the use of technology, products, or services in the context of 1146
a total facility or building; and also to assist in the 1147
improvement oflowering of energy demand to reduce air, water, or 1148
thermal pollution control facilities and solid waste disposal 1149
facilities. It is hereby determined that the accomplishment of 1150
those purposes is essential so that the people of this state may 1151
maintain their present high standards in comparison with the 1152
people of other states and so that opportunities for improving the 1153
economic welfare of the people of this state, for improving the 1154
housing of residents of this state, and for favorable markets for 1155
the products of this state's natural resources, agriculture, and 1156
manufacturing shall be improved; and that it is necessary for this 1157
state to establish the program authorized pursuant to sections 1158
4928.61 and 4928.62 of the Revised Code.1159

       Section 2.  That existing sections 122.075, 123.011, 125.15, 1160
125.834, 1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 4928.61, 1161
4928.62, and 4928.63 of the Revised Code are hereby repealed.1162

       Section 3. That Section 203.99 of Am. Sub. H.B. 66 of the 1163
126th General Assembly, as most recently amended by Sub. H.B. 245 1164
of the 126th General Assembly, be amended to read as follows:1165

       Sec. 203.99. DEV DEPARTMENT OF DEVELOPMENT1166

General Revenue Fund1167

GRF 195-321 Operating Expenses $ 2,738,908 $ 2,723,908 1168
GRF 195-401 Thomas Edison Program $ 17,554,838 $ 17,454,838 1169
GRF 195-404 Small Business Development $ 1,740,722 $ 1,740,722 1170
GRF 195-405 Minority Business Development Division $ 1,580,291 $ 1,580,291 1171
GRF 195-407 Travel and Tourism $ 6,812,845 $ 6,712,845 1172
GRF 195-410 Defense Conversion Assistance $ 300,000 $ 200,000 1173
GRF 195-412 Business Development Grants $ 11,750,000 $ 11,750,000 1174
GRF 195-415 Economic Development Division and Regional Offices $ 5,794,975 $ 5,894,975 1175
GRF 195-416 Governor's Office of Appalachia $ 4,122,372 $ 4,122,372 1176
GRF 195-422 Third Frontier Action Fund $ 16,790,000 $ 16,790,000 1177
GRF 195-426 Clean Ohio Implementation $ 300,000 $ 300,000 1178
GRF 195-432 International Trade $ 4,223,787 $ 4,223,787 1179
GRF 195-434 Investment in Training Grants $ 12,227,500 $ 12,227,500 1180
GRF 195-436 Labor/Management Cooperation $ 811,869 $ 811,869 1181
GRF 195-497 CDBG Operating Match $ 1,040,956 $ 1,040,956 1182
GRF 195-498 State Match Energy $ 94,000 $ 94,000 1183
GRF 195-501 Appalachian Local Development Districts $ 380,080 $ 380,080 1184
GRF 195-502 Appalachian Regional Commission Dues $ 246,803 $ 246,803 1185
GRF 195-507 Travel and Tourism Grants $ 1,287,500 $ 1,162,500 1186
GRF 195-515 Economic Development Contingency $ 10,000,000 $ 0 1187
GRF 195-905 Third Frontier Research & Development General Obligation Debt Service $ 0 $ 13,910,000 1188
GRF 195-912 Job Ready Site Development General Obligation Debt Service $ 0 $ 4,124,400 1189
TOTAL GRF General Revenue Fund $ 99,797,446 $ 107,491,846 1190

General Services Fund Group1191

135 195-605 Supportive Services $ 7,450,000 $ 7,539,686 1192
5AD 195-667 Investment in Training Expansion $ 5,000,000 $ 5,000,000 1193
5AD 195-668 Worker Guarantee Program $ 3,000,000 $ 3,000,000 1194
5AD 195-677 Economic Development Contingency $ 0 $ 10,000,000 1195
685 195-636 General Reimbursements $ 1,000,000 $ 1,000,000 1196
TOTAL GSF General Services Fund 1197
Group $ 16,450,000 $ 26,539,686 1198

Federal Special Revenue Fund Group1199

3AE 195-643 Workforce Development Initiatives $ 5,800,000 $ 5,800,000 1200
3K8 195-613 Community Development Block Grant $ 65,000,000 $ 65,000,000 1201
3K9 195-611 Home Energy Assistance Block Grant $ 90,500,000 $ 90,500,000 1202
3K9 195-614 HEAP Weatherization $ 16,219,478 $ 16,219,478 1203
3L0 195-612 Community Services Block Grant $ 25,235,000 $ 25,235,000 1204
3V1 195-601 HOME Program $ 40,000,000 $ 40,000,000 1205
308 195-602 Appalachian Regional Commission $ 600,660 $ 600,660 1206
308 195-603 Housing and Urban Development $ 5,000,000 $ 5,000,000 1207
308 195-605 Federal Projects $ 15,300,249 $ 15,300,249 1208
308 195-609 Small Business Administration $ 4,296,381 $ 4,296,381 1209
308 195-618 Energy Federal Grants $ 3,397,659 $ 3,397,659 1210
335 195-610 Oil Overcharge $ 3,000,000 $ 3,000,000 1211
TOTAL FED Federal Special Revenue 1212
Fund Group $ 274,349,427 $ 274,349,427 1213

State Special Revenue Fund Group1214

4F2 195-639 State Special Projects $ 290,183 $ 290,183 1215
4F2 195-676 Promote Ohio $ 5,228,210 $ 5,228,210 1216
4S0 195-630 Enterprise Zone Operating $ 275,000 $ 275,000 1217
4S1 195-634 Job Creation Tax Credit Operating $ 375,800 $ 375,800 1218
4W1 195-646 Minority Business Enterprise Loan $ 2,580,597 $ 2,580,597 1219
444 195-607 Water and Sewer Commission Loans $ 523,775 $ 523,775 1220
450 195-624 Minority Business Bonding Program Administration $ 53,967 $ 53,967 1221
451 195-625 Economic Development Financing Operating $ 2,358,311 $ 2,358,311 1222
5CA 195-678 Shovel Ready Sites $ 5,000,000 $ 5,000,000 1223
5CG 195-679 Alternative Fuel Transportation $ 150,000 $ 1,150,000 1224
5CV 195-680 Defense Conversion Assistance $ 1,000,000 $ 0 1225
5CY 195-682 Lung Cancer and Lung Disease Research $ 10,000,000 $ 0 1226
5M4 195-659 Universal Service $ 210,000,000 $ 210,000,000 1227
5M5 195-660 Advanced Energy Efficiency Loan and Grant Programs $ 12,000,000 $ 12,000,000 1228
5X1 195-651 Exempt Facility Inspection $ 25,000 $ 25,000 1229
611 195-631 Water and Sewer Administration $ 15,713 $ 15,713 1230
617 195-654 Volume Cap Administration $ 200,000 $ 200,000 1231
646 195-638 Low- and Moderate- Income Housing Trust Fund $ 53,000,000 $ 53,000,000 1232
TOTAL SSR State Special Revenue 1233
Fund Group $ 303,076,556 $ 293,076,556 1234

Facilities Establishment Fund Group1235

009 195-664 Innovation Ohio $ 50,000,000 $ 50,000,000 1236
010 195-665 Research and Development $ 50,000,000 $ 50,000,000 1237
037 195-615 Facilities Establishment $ 63,931,149 $ 63,931,149 1238
4Z6 195-647 Rural Industrial Park Loan $ 3,000,000 $ 3,000,000 1239
5D2 195-650 Urban Redevelopment Loans $ 5,475,000 $ 5,475,000 1240
5H1 195-652 Family Farm Loan Guarantee $ 1,000,000 $ 1,000,000 1241
5S8 195-627 Rural Development Initiative $ 3,000,000 $ 3,000,000 1242
5S9 195-628 Capital Access Loan Program $ 3,000,000 $ 3,000,000 1243
TOTAL 037 Facilities 1244
Establishment Fund Group $ 179,406,149 $ 179,406,149 1245

Clean Ohio Revitalization Fund1246

003 195-663 Clean Ohio Operating $ 350,000 $ 350,000 1247
TOTAL 003 Clean Ohio Revitalization Fund $ 350,000 $ 350,000 1248

Third Frontier Research & Development Fund Group1249

011 195-686 Third Frontier Operating $ 713,028 $ 1,932,056 1250
011 195-687 Third Frontier Research & Development Projects $ 100,000,000 $ 100,000,000 1251
TOTAL 011 Third Frontier Research & Development Fund Group $ 100,713,028 $ 101,932,056 1252

Job Ready Site Development Fund Group1253

012 195-688 Job Ready Site Operating $ 622,200 $ 746,155 1254
TOTAL 012 Job Ready Site Development Fund Group $ 622,200 $ 746,155 1255

TOTAL ALL BUDGET FUND GROUPS $ 974,764,806 $ 983,891,875 1256


       Section 4. That existing Section 203.99 of Am. Sub. H.B. 66 1258
of the 126th General Assembly, as most recently amended by Sub. 1259
H.B. 245 of the 126th General Assembly, is hereby repealed.1260

       Section 5. That Section 203.99.45 of Am. Sub. H.B. 66 of the 1261
126th General Assembly, as amended by Sub. H.B. 245 of the 126th 1262
General Assembly, be amended to read as follows:1263

       Sec. 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING1264

       The foregoing appropriation item 195-625, Economic1265
Development Financing Operating, shall be used for the operating1266
expenses of financial assistance programs authorized under Chapter1267
166. of the Revised Code and under sections 122.43 and 122.45 of1268
the Revised Code.1269

       VOLUME CAP ADMINISTRATION1270

       The foregoing appropriation item 195-654, Volume Cap1271
Administration, shall be used for expenses related to the1272
administration of the Volume Cap Program. Revenues received by the 1273
Volume Cap Administration Fund (Fund 617) shall consist of1274
application fees, forfeited deposits, and interest earned from the1275
custodial account held by the Treasurer of State.1276

       UNIVERSAL SERVICE FUND1277

       The foregoing appropriation item 195-659, Universal Service,1278
shall be used to provide payments to regulated electric utility 1279
companies for low-income customers enrolled in Percentage of 1280
Income Payment Plan (PIPP) electric accounts, to fund targeted 1281
energy efficiency and customer education services to PIPP 1282
customers, and to cover the department's administrative costs1283
related to Universal Service Fund Programs.1284

       SHOVEL READY SITES1285

       The foregoing appropriation item 195-678, Shovel Ready Sites, 1286
shall be used to administer the Shovel Ready Sites Program under 1287
section 122.083 of the Revised Code.1288

       ALTERNATIVE FUEL TRANSPORTATION1289

       The foregoing appropriation item 195-679, Alternative Fuel 1290
Transportation, shall be used by the Director of Development to 1291
make grants under the Alternative Fuel Transportation Grant Fund 1292
Program in accordance with section 122.075 of the Revised Code, 1293
and for administrative costs associated with the program.1294

       TRANSFER OF UNCLAIMED FUNDS TO THE DEFENSE CONVERSION 1295
ASSISTANCE FUND FOR BASE REALIGNMENT AND CLOSURE GRANTS1296

       (A) There is hereby created in the State Treasury the Defense 1297
Conversion Assistance Fund (Fund 5CV). The fund shall consist of 1298
all cash deposited to it pursuant to division (C) of this section.1299

       (B) The foregoing appropriation item 195-680, Defense 1300
Conversion Assistance, shall be used by the Director of 1301
Development to provide grants to local communities for costs 1302
associated with the preparation and redevelopment of military 1303
installations in Ohio that are slated for realignment or closure 1304
under the United States Department of Defense Base Realignment and 1305
Closure Program.1306

       (C) Notwithstanding division (A) of section 169.05 of the 1307
Revised Code, upon the request of the Director of Budget and 1308
Management, the Director of Commerce, prior to June 30, 2006, 1309
shall transfer to the Defense Conversion Assistance Fund (Fund 1310
5CV) $1,000,000 of the unclaimed funds that have been reported by 1311
the holders of unclaimed funds under section 169.05 of the Revised 1312
Code regardless of the allocation of the unclaimed funds described 1313
in that section.1314

       (D) On or before June 30, 2006, the unencumbered balance of 1315
the foregoing appropriation item 195-680, Defense Conversion 1316
Assistance, for fiscal year 2006 is hereby appropriated for the 1317
same purpose for fiscal year 2007.1318

       LUNG CANCER AND LUNG DISEASE RESEARCH1319

       The foregoing appropriation item 195-682, Lung Cancer and 1320
Lung Disease Research, shall be used by the Director of 1321
Development to promote lung cancer and lung disease research.1322

       ADVANCED ENERGY EFFICIENCY REVOLVING LOAN FUND1323

       The foregoing appropriation item 195-660, Advanced Energy 1324
Efficiency Loan and GrantPrograms, shall be used to provide 1325
financial assistance to customers for eligible energy efficiency1326
advanced energy projects for residential, commercial and 1327
industrial business, local government, educational institution, 1328
nonprofit, and agriculture customers, and to pay for the program's 1329
administrative costs as provided in the Revised Code and rules 1330
adopted by the Director of Development.1331

       TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN1332
FUND TO THE INDUSTRIAL SITE IMPROVEMENTS FUND1333

        Notwithstanding Chapters 122. and 4928. of the Revised Code 1334
and any other law to the contrary, the Director of Budget and 1335
Management shall transfer $2,500,000 in cash in fiscal year 2006 1336
and $2,500,000 in cash in fiscal year 2007 from the Advanced1337
Energy Efficiency Revolving Loan Fund (Fund 5M5) to the Industrial 1338
Site Improvements Fund (Fund 5AR).1339

        Moneys in Fund 5AR, Industrial Site Improvements, shall be 1340
used by the Director of Development to make grants to eligible 1341
counties for the improvement of commercial or industrial areas 1342
within those counties under section 122.951 of the Revised Code.1343

       TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN1344
FUND TO THE RAIL TRANSLOAD FACILITIES FUND1345

       Notwithstanding Chapters 122. and 4928. of the Revised Code 1346
and any other law to the contrary, the Director of Budget and 1347
Management shall transfer $500,000 in cash in fiscal year 2006 1348
from the Advanced Energy Efficiency Revolving Loan Fund (Fund 5M5) 1349
in the Department of Development to the Rail Transload Facilities 1350
Fund (Fund 5CF) in the Department of Transportation.1351

       TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN1352
FUND TO THE ALTERNATIVE FUEL TRANSPORTATION GRANT FUND1353

       Notwithstanding Chapter 4928. of the Revised Code and any 1354
other law to the contrary, the Director of Budget and Management 1355
shall transfer $150,000 in cash in fiscal year 2006 and $1,150,000 1356
in cash in fiscal year 2007 from the Advanced Energy Efficiency 1357
Revolving Loan Fund (Fund 5M5) to the Alternative Fuel 1358
Transportation Grant Fund (Fund 5CG).1359

       TRANSFER FROM THE ADVANCED ENERGY FUND TO THE ADMINISTRATIVE 1360
BUILDING FUND1361

        Notwithstanding Chapter 4928. of the Revised Code and any 1362
other law to the contrary, the Director of Budget and Management 1363
shall transfer $3,600,000 in cash in fiscal year 2007 from the 1364
Advanced Energy Fund (Fund 5M5) in the Department of Development 1365
to the Administrative Building Fund (Fund 026). The cash shall 1366
thereafter be credited to appropriation item CAP-835, Energy 1367
Conservation Projects, under the budget of the Department of 1368
Administrative Services.1369

       GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS1370

       All payments received by the state pursuant to a series of 1371
settlements with ten brokerage firms reached with the United 1372
States Securities and Exchange Commission, the National 1373
Association of Securities Dealers, the New York Stock Exchange, 1374
the New York Attorney General, and other state regulators 1375
(henceforth referred to as the "Global Analysts Settlement 1376
Agreements"), shall be deposited into the state treasury to the 1377
credit of the Economic Development Contingency Fund (Fund 5Y6), 1378
which is hereby created in the state treasury. The fund shall be 1379
used by the Director of Development to support economic 1380
development projects for which appropriations would not otherwise 1381
be available, and shall be subject to the submission of a request 1382
to the Controlling Board by the Director outlining the planned use 1383
of the funds, and the subsequent approval of the request by the 1384
Controlling Board.1385

       Section 6. That existing Section 203.99.45 of Am. Sub. H.B. 1386
66 of the 126th General Assembly, as amended by Sub. H.B. 245 of 1387
the 126th General Assembly, is hereby repealed.1388

       Section 7. That Section 235.30 of Am. Sub. H.B. 530 of the 1389
126th General Assembly, be amended to read as follows:1390

Reappropriations

       Sec. 235.30.  DAS DEPARTMENT OF ADMINISTRATIVE SERVICES1391

CAP-809 Hazardous Substance Abatement $ 1,609,476 1392
CAP-811 Health/EPA Laboratory Facilities $ 1,116,354 1393
CAP-822 Americans with Disabilities Act $ 1,598,416 1394
CAP-826 Office Services Building Renovation $ 86,483 1395
CAP-827 Statewide Communications System $ 16,943,803 1396
CAP-834 Capital Project Management System $ 1,157,600 1397
CAP-835 Energy Conservation Projects $ 890,085 4,490,085 1398
CAP-837 Major Computer Purchases $ 1,476,068 1399
CAP-838 SOCC Renovations $ 1,399,122 1400
CAP-844 Hamilton State/Local Government Center - Planning $ 57,500 1401
CAP-849 Facility Planning and Development $ 3,492,200 1402
CAP-850 Education Building Renovations $ 14,649 1403
CAP-852 North High Building Complex Renovations $ 11,534,496 1404
CAP-855 Office Space Planning $ 5,274,502 1405
CAP-856 Governor's Residence Security Update $ 6,433 1406
CAP-859 eSecure Ohio $ 2,626,921 1407
CAP-860 Structured Cabling $ 403,518 1408
CAP-864 eGovernment Infrastructure $ 1,297,400 1409
CAP-865 DAS Building Security $ 140,852 1410
CAP-866 OH*1 Network $ 4,000,000 1411
CAP-867 Lausche Building Connector $ 1,307,200 1412
CAP-868 Riversouth Development $ 18,500,000 1413
Total Department of Administrative Services $ 74,933,078 78,533,078 1414

       HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES1415

       The foregoing appropriation item CAP-809, Hazardous Substance1416
Abatement, shall be used to fund the removal of asbestos, PCB,1417
radon gas, and other contamination hazards from state facilities.1418

       Prior to the release of funds for asbestos abatement, the1419
Department of Administrative Services shall review proposals from1420
state agencies to use these funds for asbestos abatement projects1421
based on criteria developed by the Department of Administrative1422
Services. Upon a determination by the Department of Administrative1423
Services that the requesting agency cannot fund the asbestos1424
abatement project or other toxic materials removal through1425
existing capital and operating appropriations, the Department may1426
request the release of funds for such projects by the Controlling1427
Board. State agencies intending to fund asbestos abatement or1428
other toxic materials removal through existing capital and1429
operating appropriations shall notify the Director of1430
Administrative Services of the nature and scope prior to1431
commencing the project.1432

       Only agencies that have received appropriations for capital1433
projects from the Administrative Building Fund (Fund 026) are1434
eligible to receive funding from this item. Public school1435
districts are not eligible.1436

       IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT1437

       The foregoing appropriation item CAP-822, Americans with1438
Disabilities Act, shall be used to renovate state-owned facilities1439
to provide access for physically disabled persons in accordance1440
with Title II of the Americans with Disabilities Act.1441

       Prior to the release of funds for renovation, state agencies1442
shall perform self-evaluations of state-owned facilities1443
identifying barriers to access to service. State agencies shall1444
prioritize access barriers and develop a transition plan for the1445
removal of these barriers. The Department of Administrative1446
Services shall review proposals from state agencies to use these1447
funds for Americans with Disabilities Act renovations.1448

       Only agencies that have received appropriations for capital1449
projects from the Administrative Building Fund (Fund 026) are 1450
eligible to receive funding from this item. Public school 1451
districts are not eligible.1452

       MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM1453

       There is hereby continued a Multi-Agency Radio Communications1454
System (MARCS) Steering Committee consisting of the designees of1455
the Directors of the Office of Information Technology, Public 1456
Safety, Natural Resources, Transportation, Rehabilitation and 1457
Correction, and Budget and Management. The Director of the Office 1458
of Information Technology or the Director's designee shall chair 1459
the Committee. The Committee shall provide assistance to the 1460
Director of the Office of Information Technology for effective and 1461
efficient implementation of the MARCS system as well as develop 1462
policies for the ongoing management of the system. Upon dates 1463
prescribed by the Directors of the Office of Information 1464
Technology and Budget and Management, the MARCS Steering Committee 1465
shall report to the Directors on the progress of MARCS 1466
implementation and the development of policies related to the 1467
system.1468

       The foregoing appropriation item CAP-827, Statewide1469
Communications System, shall be used to purchase or construct the1470
components of MARCS that are not specific to any one agency. The1471
equipment may include, but is not limited to, multi-agency1472
equipment at the Emergency Operations Center/Joint Dispatch1473
Facility, computer and telecommunication equipment used for the1474
functioning and integration of the system, communications towers,1475
tower sites, tower equipment, and linkages among towers and1476
between towers and the State of Ohio Network for Integrated1477
Communication (SONIC) system. The Director of the Office of 1478
Information Technology shall, with the concurrence of the MARCS 1479
Steering Committee, determine the specific use of funds.1480

       The amount reappropriated for the foregoing appropriation 1481
item CAP-827, Statewide Communications System, is the unencumbered 1482
and unallotted balance as of June 30, 2006, in appropriation item 1483
CAP-827, Statewide Communications System, plus $623,665.11.1484

       Spending from this appropriation item shall not be subject to1485
Chapters 123. and 153. of the Revised Code.1486

       ENERGY CONSERVATION PROJECTS1487

       The foregoing appropriation item CAP-835, Energy Conservation1488
Projects, shall be used to perform energy conservation1489
renovations, including the United States Environmental Protection1490
Agency's Energy Star Program, in state-owned facilities. Prior to1491
the release of funds for renovation, state agencies shall have1492
performed a comprehensive energy audit for each project. The1493
Department of Administrative Services shall review and approve1494
proposals from state agencies to use these funds for energy1495
conservation. Public school districts and state-supported and1496
state-assisted institutions of higher education are not eligible1497
for funding from this item.1498

       The amount reappropriated for the foregoing appropriation 1499
item CAP-835, Energy Conservation Projects, is the unencumbered 1500
and unallotted balance as of June 30, 2006, in appropriation item 1501
CAP-835, Energy Conservation Projects, plus $3,600,000.1502

       NORTH HIGH BUILDING COMPLEX RENOVATIONS1503

       The amount reappropriated for the foregoing appropriation 1504
item CAP-852, North High Building Complex Renovations, is the 1505
unencumbered and unallotted balance as of June 30, 2006, in 1506
appropriation item CAP-852, North High Building Complex 1507
Renovations, plus the sum of the unencumbered and unallotted 1508
balance for appropriation item CAP-813, Heer Building Renovation 1509
as of June 30, 2006.1510

       Section 8. That existing Section 235.30 of Am. Sub. H.B. 530 1511
of the 126th General Assembly is hereby repealed.1512

       Section 9. The Ohio School Facilities Commission shall study 1513
the U.S. Green Building Council's "LEED for Schools" Rating System 1514
and shall issue a written report to the General Assembly not later 1515
than October 1, 2007, comparing that system to applicable 1516
standards set forth in the Commission's most current Ohio School 1517
Design Manual.1518

       Section 10. (A) Except as otherwise specifically provided in 1519
division (B) of this section, the amendment or enactment of the 1520
sections of law contained in this act, and the items of law of 1521
which the amendments or enactments are composed, are subject to 1522
the referendum. Therefore, under Ohio Constitution, Article II, 1523
Section 1c and section 1.471 of the Revised Code, the amendment or 1524
enactment of the sections of law contained in this act, and the 1525
items of law of which the amendments or enactments are composed, 1526
take effect on the ninety-first day after this act is filed with 1527
the Secretary of State. If, however, a referendum petition is 1528
filed against any such amendment or enactment, or against any item 1529
of law of which any such amendment or enactment is composed, the 1530
amendment or enactment, or item, unless rejected at the 1531
referendum, takes effect at the earliest time permitted by law.1532

       (B) The amendment or enactment by this act of the sections of 1533
law listed in this division, and the items of law of which the 1534
amendments or enactments are composed, are not subject to the 1535
referendum. Therefore, under Ohio Constitution, Article II, 1536
Section 1d and section 1.471 of the Revised Code, the amendments 1537
or enactments, and the items of law of which the amendments or 1538
enactments are composed, go into immediate effect when this act 1539
becomes law.1540

       Sections 122.075, 4928.01, 4928.57, 4928.58, 4928.61, 1541
4928.62, and 4928.63 of the Revised Code.1542

       Sections 3, 4, 5, 6, and 10 of this act.1543