(a) Any organic material from a plant that is grown | 13 |
exclusively to be used in the production of electricity, on land | 14 |
that was in crop production on the effective date of this section; | 15 |
or on land that is protected under the federal conservation | 16 |
reserve program, provided the planting does not adversely affect | 17 |
the water quality protection, soil erosion prevention, or wildlife | 18 |
habitat enhancement purposes of that program; | 19 |
(b) Any solid, nonhazardous, cellulosic waste that is derived | 20 |
from waste pallets, crates, dunnage, or landscape or right-of-way | 21 |
tree trimmings, from agricultural sources including orchard tree | 22 |
crops, vineyards, grains, legumes, or sugar, or from any crop | 23 |
byproducts or residues.
| 24 |
(3) "Renewable energy" means energy from biomass that is | 32 |
available on a renewable basis; geothermal energy; energy produced | 33 |
by a photovoltaic technology system; wind energy; or energy from a | 34 |
hydroelectric facility that produces less than twenty megawatts of | 35 |
electricity and is certified on or after two years following the | 36 |
effective date of this section as a low-impact hydropower facility | 37 |
by the low-impact hydropower institute. "Renewable energy" | 38 |
excludes nuclear energy and energy produced from coal, natural | 39 |
gas, oil, propane, or any other fossil fuel. | 40 |
(b) Reducing the energy consumption of any retail electric | 65 |
customer in this state by subsidizing all or part of the | 66 |
acquisition or installation of one or more photovoltaic technology | 67 |
systems in any residence of the customer that is located in this | 68 |
state. In any such instance, the utility or company may count | 69 |
toward its compliance in each pertinent calendar year specified in | 70 |
division (B)(3) of this section any reduction in the number of | 71 |
kilowatt hours of electricity that it sells the customer in that | 72 |
calendar year, compared to the number of kilowatt hours it sold | 73 |
the customer in the calendar year prior to installation. | 74 |
(c) For calendar year 2009, all of the calendar year | 112 |
percentage specified in division (B)(3)(a) of this section shall | 113 |
be derived from one or more new sources specified in division | 114 |
(B)(2) of this section. For subsequent calendar years through | 115 |
calendar year 2023, at minimum the entire calendar year's | 116 |
percentage increase from the prior calendar year shall be derived | 117 |
from one or more such new sources. For the purpose of division | 118 |
(B)(3)(c) of this section, a renewable energy system under | 119 |
division (B)(2)(a) or net metering system under division (B)(2)(c) | 120 |
of this section is a new source if the system is first connected | 121 |
in the calendar year to a facility or system owned, operated, or | 122 |
controlled by an electric utility; a subsidy under division | 123 |
(B)(2)(b) of this section is a new source if it is paid out by the | 124 |
electric utility or electric services company in that year; and a | 125 |
renewable energy credit under division (B)(2)(d) of this section | 126 |
is a new source if it is acquired by the electric utility or | 127 |
electric services company in that year. | 128 |
(D) The commission shall adopt rules requiring the filing of | 134 |
an annual report by each electric utility and electric services | 135 |
company that is subject to division (B) of this section, and may | 136 |
adopt such other rules as it considers necessary to promote | 137 |
renewable energy usage in this state by defining the duty | 138 |
established in that division with regard to available technologies | 139 |
or to ensure compliance with that division, including rules | 140 |
requiring the filing of additional reports. The annual report | 141 |
shall contain such information as the commission shall require | 142 |
relating to the utility's or company's compliance with division | 143 |
(B) of this section, and shall be in such form and filed at such | 144 |
time after the applicable calendar year as the commission shall | 145 |
prescribe. The rules may authorize the annual report to be | 146 |
included within the annual report filed pursuant to division (F) | 147 |
of section 4928.06 of the Revised Code. | 148 |
(E) The commission has jurisdiction under section 4905.26 of | 149 |
the Revised Code, upon complaint of any person or upon
complaint | 150 |
or initiative of the commission, to determine whether an electric | 151 |
utility or electric services company has failed to comply with any | 152 |
provision of division (B) of this section as to the amount of | 153 |
renewable energy required to be provided or the source of energy | 154 |
provided. As an exclusive remedy for such noncompliance | 155 |
notwithstanding any provision of law to the contrary, the | 156 |
commission, after reasonable notice and opportunity for hearing | 157 |
under section 4905.26 of the Revised Code, and upon a finding by | 158 |
the commission that the utility or company has failed to so | 159 |
comply, may assess a forfeiture against the utility or company. | 160 |
The forfeiture shall be in an amount that the commission considers | 161 |
just and reasonable to ensure the utility's or company's | 162 |
compliance with division (B) of this section, considering also the | 163 |
gravity of the noncompliance that is the subject of the | 164 |
proceeding, the utility's or company's prior history of | 165 |
noncompliance, and its good faith efforts to comply, including, as | 166 |
applicable, to verify the source of its supply.
| 167 |