Section 1. That sections 122.41, 122.451, 3706.01, 3706.02, | 22 |
3706.03, 3706.04, 3706.041, 3706.05, 3706.06, 3706.07, 3706.08, | 23 |
3706.09, 3706.10, 3706.11, 3706.12, 3706.13, 3706.14, 3706.15, | 24 |
3706.16, 3706.17, 3706.18, 4905.31, 4905.40, 4909.161, 4928.01, | 25 |
4928.02, 4928.05, 4928.06, 4928.12,
4928.14, 4928.15, 4928.16, | 26 |
4928.17, 4928.18, 4928.20, and 4928.21 be amended and sections | 27 |
1551.41,
4928.111,
4928.141, 4928.142, 4928.64, 4928.68, and | 28 |
4928.69 of
the Revised
Code be enacted to read as follows: | 29 |
Sec. 122.41. (A) The development financing advisory
council | 30 |
and the director of development are invested with the
powers and | 31 |
duties provided in Chapter 122. of the Revised Code,
in order to | 32 |
promote the welfare of the people of the state, to
stabilize the | 33 |
economy, to provide employment, to assist in the
development | 34 |
within the state of industrial, commercial,
distribution, and | 35 |
research activities required for the people of
the state, and for | 36 |
their gainful employment, or otherwise to
create or preserve jobs | 37 |
and employment opportunities, or improve
the economic welfare of | 38 |
the people of the state, and also to
assist in the financing of | 39 |
air, water, or thermal pollution
control facilities, advanced | 40 |
energy facilities, and solid waste disposal facilities by
mortgage | 41 |
insurance as provided in section 122.451 of the Revised
Code. It | 42 |
is hereby determined that the accomplishment of such
purposes is | 43 |
essential so that the people of the state may
maintain their | 44 |
present high standards in comparison with the
people of other | 45 |
states and so that opportunities for employment
and for favorable | 46 |
markets for the products of the state's natural
resources, | 47 |
agriculture, and manufacturing shall be improved and
that it is | 48 |
necessary for the state to establish the programs
authorized | 49 |
pursuant to Chapter 122. of the Revised Code, to
establish the | 50 |
development financing advisory council, and
to invest
it and the | 51 |
director of development with the powers and duties
provided in | 52 |
Chapter 122. of the Revised Code. The powers granted
to the | 53 |
director of development by Chapter 165. of the Revised
Code are | 54 |
independent of and in addition and alternate to, and are
not | 55 |
limited or restricted by, Chapter 122. of the Revised Code. | 56 |
Sec. 122.451. Upon application of any person, partnership, | 67 |
or corporation, or upon application of any community improvement | 68 |
corporation organized as provided in section 1724.01 of the | 69 |
Revised Code, the director of development, with controlling board | 70 |
approval, may, pledging therefor moneys in the mortgage insurance | 71 |
fund created by section 122.561 of the Revised Code, insure or | 72 |
make advance commitments to insure not more than ninety per cent | 73 |
of any mortgage payments required. Before insuring any such | 74 |
mortgage payments the director shall determine that: | 75 |
(A) "Governmental agency" means a department, division, or | 118 |
other unit of state government, a municipal corporation, county, | 119 |
township, and other political subdivision, or any other public | 120 |
corporation or agency having the power to acquire, construct, or | 121 |
operate air quality facilities or advanced energy facilities, the | 122 |
United States or any agency
thereof, and any agency, commission, | 123 |
or authority established
pursuant to an interstate compact or | 124 |
agreement. | 125 |
(1) Any method,or any modification
or replacement of | 142 |
property,
process, device, structure, or
equipment that removes, | 143 |
reduces,
prevents, contains, alters,
conveys, stores, disperses, | 144 |
or
disposes of air contaminants or
substances containing air | 145 |
contaminants, or that renders less
noxious or reduces the | 146 |
concentration of air contaminants in the
ambient air, including, | 147 |
without limitation, facilities and
expenditures that qualify as | 148 |
air pollution control facilities
under section 103 (C)(4)(F) of | 149 |
the Internal Revenue Code of 1954,
as amended, and regulations | 150 |
adopted thereunder; | 151 |
(4) Any property or portion thereof used for the collection, | 159 |
storage,
treatment, utilization, processing, or final disposal of | 160 |
a by-product or
solid
waste resulting from any method, process, | 161 |
device, structure,
or
equipment that removes, reduces, prevents, | 162 |
contains, alters,
conveys, stores, disperses, or disposes of air | 163 |
contaminants, or
that renders less noxious or reduces the | 164 |
concentration of air
contaminants in the ambient air; | 165 |
(7) As determined by the director of the Ohio coal | 172 |
development office, any property or portion thereof that is used | 173 |
for the collection, storage, treatment, utilization, processing, | 174 |
or final disposal of a by-product resulting from a coal research | 175 |
and development project as defined in section 1555.01 of the | 176 |
Revised Code or from the use of clean coal technology, excluding | 177 |
any property or portion thereof that is used primarily for other | 178 |
subsequent commercial purposes; | 179 |
"Air quality facility"
further
includes any
property or | 189 |
system to be used in whole or
in part for any of
the purposes
in | 190 |
divisions (G)(1) to (8)(10) of this section,
whether
another | 191 |
purpose
is also
served, and any property or system
incidental to | 192 |
or
that
has to
do with, or the end purpose of
which is, any of the | 193 |
foregoing. Air
quality facilities that are
defined in this | 194 |
division for
industry, commerce, distribution, or
research, | 195 |
including public
utility companies, are hereby
determined to be | 196 |
those
that qualify as facilities for the
control of air pollution | 197 |
and
thermal pollution related to air
under Section 13 of Article | 198 |
VIII, Ohio Constitution. | 199 |
(H) "Project," or "air quality project," or "advanced energy | 200 |
project" means any air
quality
facility or advanced energy | 201 |
facility, including undivided or other interests therein,
acquired | 202 |
or to be acquired or constructed or to be constructed by
the Ohio | 203 |
air quality development authority under this chapter, or
acquired | 204 |
or to be acquired or constructed or to be constructed by
a | 205 |
governmental agency or person with all or a part of the cost | 206 |
thereof being paid from a loan or grant from the authority under | 207 |
this chapter or otherwise paid from the proceeds of air quality | 208 |
revenue bonds, including all buildings and facilities that the | 209 |
authority determines necessary for the operation of the project, | 210 |
together with all property, rights, easements, and interests that | 211 |
may be required for the operation of the project. | 212 |
(I) "Cost" as applied to an air quality project or advanced | 213 |
energy project means the
cost of acquisition and construction, the | 214 |
cost of acquisition of
all land, rights-of-way, property rights, | 215 |
easements, franchise
rights, and interests required for such | 216 |
acquisition and
construction, the cost of demolishing or removing | 217 |
any buildings
or
structures on land so acquired, including the | 218 |
cost of
acquiring
any lands to which such buildings or structures | 219 |
may be
moved, the
cost of acquiring or constructing and equipping | 220 |
a
principal office
and sub-offices of the authority, the cost of | 221 |
diverting highways,
interchange of highways, and access roads to | 222 |
private property,
including the cost of land or easements for
such | 223 |
access roads, the
cost of public utility and common carrier | 224 |
relocation or
duplication, the cost of all machinery,
furnishings, | 225 |
and
equipment, financing charges, interest prior to
and during | 226 |
construction and for no more than eighteen months
after completion | 227 |
of construction, engineering, expenses of
research and development | 228 |
with respect to air quality facilities, the cost of any commodity | 229 |
contract, including fees and expenses related thereto,
legal | 230 |
expenses, plans,
specifications, surveys, studies,
estimates of | 231 |
cost and revenues,
working capital, other expenses
necessary or | 232 |
incident to
determining the feasibility or
practicability of | 233 |
acquiring or
constructing such project,
administrative expense, | 234 |
and such other
expense as may be
necessary or incident to the | 235 |
acquisition or
construction of the
project, the financing of such | 236 |
acquisition or
construction,
including the amount authorized in | 237 |
the resolution of
the
authority providing for the issuance of air | 238 |
quality revenue
bonds
to be paid into any special funds from the | 239 |
proceeds of such
bonds, and the financing of the placing of such | 240 |
project in
operation. Any obligation, cost, or expense incurred by | 241 |
any
governmental agency or person for surveys, borings, | 242 |
preparation
of
plans and specifications, and other engineering | 243 |
services, or
any
other cost described above, in connection with | 244 |
the
acquisition or
construction of a project may be regarded as a | 245 |
part of the cost of
that project and may be reimbursed out of the | 246 |
proceeds of air
quality revenue bonds as authorized by this | 247 |
chapter. | 248 |
(K) "Revenues" means all rentals and other charges
received | 253 |
by the authority for the use or services of any air
quality | 254 |
project or advanced energy project, any gift or grant received | 255 |
with respect to any
air
qualitysuch project, any moneys received | 256 |
with respect to the
lease,
sublease, sale, including installment | 257 |
sale or conditional
sale, or
other disposition of an air quality | 258 |
project or advanced energy project, moneys
received in
repayment | 259 |
of and for interest on any loans made by
the authority
to a person | 260 |
or governmental agency, whether from
the United States
or any | 261 |
department, administration, or agency
thereof, or
otherwise, | 262 |
proceeds of such bonds to the extent that
use thereof
for payment | 263 |
of principal of, premium, if any, or
interest on the
bonds is | 264 |
authorized by the authority, amounts received or
otherwise | 265 |
derived from a commodity contract or from the sale of
the related | 266 |
commodity under such a contract, proceeds
from any
insurance, | 267 |
condemnation, or guaranty pertaining to a
project or
property | 268 |
mortgaged to secure bonds or pertaining to
the financing
of the | 269 |
project, and income and profit from the
investment of the | 270 |
proceeds
of air quality revenue bonds or of any
revenues. | 271 |
(O) "Air quality revenueRevenue bonds," unless the context | 281 |
indicates
a different meaning or intent, includes air quality | 282 |
revenue notes,
air quality revenue renewal notes, and air quality | 283 |
revenue
refunding bonds, except that notes issued in anticipation | 284 |
of the
issuance of bonds shall have a maximum maturity of five | 285 |
years as
provided in section 3706.05 of the Revised Code and | 286 |
notes
or
renewal notes issued as the definitive obligation may be | 287 |
issued
maturing at such time or times with a maximum maturity of | 288 |
forty
years from the date of issuance of the original note. | 289 |
(P) "Solid waste" means any garbage; refuse; sludge from a | 290 |
waste water treatment plant, water supply treatment plant, or air | 291 |
pollution control facility; and other discarded material, | 292 |
including solid, liquid, semisolid, or contained gaseous material | 293 |
resulting from industrial, commercial, mining, and agricultural | 294 |
operations, and from community activities, but not including
solid | 295 |
or dissolved material in domestic sewage, or solid or
dissolved | 296 |
material in irrigation return flows or industrial
discharges that | 297 |
are point sources subject to permits under
section 402 of the | 298 |
"Federal Water Pollution Control Act
Amendments of 1972," 86 Stat. | 299 |
880, 33 U.S.C.A. 1342, as amended,
or source, special nuclear, or | 300 |
byproduct material as defined by
the "Atomic Energy Act of 1954," | 301 |
68 Stat. 921, 42 U.S.C.A. 2011,
as amended. | 302 |
(S) "Ethanol" means fermentation ethyl alcohol derived from | 310 |
agricultural products, including potatoes, cereal, grains, cheese | 311 |
whey, and sugar beets; forest products; or other renewable or | 312 |
biomass
resources, including residue and waste generated from the | 313 |
production, processing, and marketing of agricultural products, | 314 |
forest products, and other renewable or biomass resources, that | 315 |
meets all of
the specifications in the American society for | 316 |
testing and
materials (ASTM) specification D 4806-88 and is | 317 |
denatured as
specified in Parts 20 and 21 of Title 27 of the Code | 318 |
of Federal
Regulations. | 319 |
(U) "FutureGen project" means the buildings, equipment, and | 325 |
real property and functionally related buildings, equipment, and | 326 |
real property, including related research projects that support | 327 |
the development and operation of the buildings, equipment, and | 328 |
real property, designated by the United States department of | 329 |
energy and the FutureGen industrial alliance, inc., as the | 330 |
coal-fueled, zero-emissions power plant designed to prove the | 331 |
technical and economic feasibility of producing electricity and | 332 |
hydrogen from coal and nearly eliminating carbon dioxide emissions | 333 |
through capture and permanent storage. | 334 |
(W) "Sustainable resources" includes, but is not limited to, | 343 |
solar, wind, tidal or wave,
biomass, including, but not limited | 344 |
to, biomass involving the utilization of trees or any part | 345 |
thereof, landfill gas, biofuel, hydro, or
geothermal resources | 346 |
that are used in
the generation of
electricity and includes fuel | 347 |
cells powered by
sustainable resources. | 348 |
The authority shall consist of seven members as follows:
five | 385 |
members appointed by the governor, with the advice and
consent of | 386 |
the senate, no more than three of whom shall be
members of the | 387 |
same political party, and the director of
environmental protection | 388 |
and the director of health, who shall be
members ex officio | 389 |
without compensation. Each appointive member
shall be a resident | 390 |
of the state, and a qualified elector
therein. The members of the | 391 |
authority first appointed shall
continue in office for terms | 392 |
expiring on June 30, 1971, June 30,
1973, June 30, 1975, June 30, | 393 |
1977, and June 30, 1978,
respectively, the term of each member to | 394 |
be designated by the
governor. Appointed members' terms of office | 395 |
shall be for eight
years, commencing on the first day of July and | 396 |
ending on the
thirtieth day of June. Each appointed member shall | 397 |
hold office
from the date of his appointment until the end of the | 398 |
term for
which he was appointed. Any member appointed to fill a | 399 |
vacancy
occurring prior to the expiration of the term for which | 400 |
histhe
member's
predecessor was appointed shall hold office for | 401 |
the remainder of
such term. Any appointed member shall continue in | 402 |
office
subsequent to the expiration date of histhe member's term | 403 |
until
histhe member's successor
takes office, or until a period | 404 |
of sixty days has elapsed,
whichever occurs first. A member of the | 405 |
authority is eligible
for reappointment. Each appointed member of | 406 |
the authority,
before entering upon hisofficial duties, shall | 407 |
take an oath as
provided
by Section 7 of Article XV, Ohio | 408 |
Constitution. The governor may
at any time remove any member of | 409 |
the authority for misfeasance,
nonfeasance, or malfeasance in | 410 |
office. The authority shall elect
one of its appointed members as | 411 |
chairmanchairperson and another
as
vice-chairman | 412 |
vice-chairperson, and shall appoint a
secretary-treasurer who | 413 |
need
not be a member of the authority. Four members of the | 414 |
authority
shall constitute a quorum, and the affirmative vote of | 415 |
four
members shall be necessary for any action taken by vote of | 416 |
the
authority. No vacancy in the membership of the authority shall | 417 |
impair the rights of a quorum by such vote to exercise all the | 418 |
rights and perform all the duties of the authority. | 419 |
Before the issuance of any air quality revenue bonds under | 420 |
Chapter 3706. of the Revised Code, each appointed member of the | 421 |
authority shall give a surety bond to the state in the penal sum | 422 |
of twenty-five thousand dollars and the secretary-treasurer shall | 423 |
give such a bond in the penal sum of fifty thousand dollars, each | 424 |
such surety bond to be conditioned upon the faithful performance | 425 |
of the duties of the office, to be executed by a surety company | 426 |
authorized to transact business in this state, and to be approved | 427 |
by the governor and filed in the office of the secretary of
state. | 428 |
Each appointed member of the authority shall receive an
annual | 429 |
salary of five thousand dollars, payable in monthly
installments. | 430 |
Each member shall be reimbursed for histhe
actual
expenses | 431 |
necessarily incurred in the performance of hisofficial
duties. | 432 |
All expenses incurred in carrying out Chapter 3706. of the
Revised | 433 |
Code shall be payable solely from funds provided under
Chapter | 434 |
3706. of the Revised Code, appropriated for such purpose
by the | 435 |
general assembly, or provided by the controlling board. No | 436 |
liability
or
obligation shall be incurred by the authority
beyond | 437 |
the extent to which moneys have been so provided or
appropriated. | 438 |
Sec. 3706.03. (A) It is hereby declared to be the public | 439 |
policy
of the state through the operations of the Ohio air | 440 |
quality
development authority under this chapter to contribute | 441 |
toward one
or more of the following: to provide for the | 442 |
conservation of air
as a natural resource of the state, and to | 443 |
prevent or abate the
pollution thereof, to provide for the | 444 |
comfort, health, safety, and
general welfare of all employees, as | 445 |
well as all other inhabitants
of the state, to assist in the | 446 |
financing of air quality facilities
and advanced energy | 447 |
facilities for industry, commerce,
distribution, and research, | 448 |
including
public utility companies,
to create or preserve jobs | 449 |
and
employment opportunities or
improve the economic welfare of | 450 |
the
people, or assist and
cooperate with governmental agencies in | 451 |
achieving such purposes.
InAdditionally, advanced energy | 452 |
facilities for industry, commerce, distribution, or research, | 453 |
including public utility companies, are hereby deemed to qualify | 454 |
as facilities for the control of air pollution and thermal | 455 |
pollution related to air under Section 13, Article VIII, Ohio | 456 |
Constitution. | 457 |
(B) In furtherance of such public policy the
Ohio air | 458 |
quality
development authority may initiate, acquire,
construct, | 459 |
maintain,
repair, and operate air quality projects and advanced | 460 |
energy projects or
cause the same to be
operated pursuant to a | 461 |
lease, sublease, or
agreement with any
person or governmental | 462 |
agency; may make loans
and grants to
governmental agencies for | 463 |
the acquisition or
construction of air
quality facilities and | 464 |
advanced energy facilities by such governmental
agencies; may | 465 |
make loans
to persons for the acquisition or
construction of air | 466 |
quality
facilities and advanced energy facilities by such persons; | 467 |
may enter
into commodity contracts with, or make loans for the | 468 |
purpose of
entering into commodity contracts to, any person, | 469 |
governmental
agency, or entity located within or without the | 470 |
state in
connection with the acquisition or construction of air | 471 |
quality
facilities and advanced energy facilities; and may issue | 472 |
air quality revenue
bonds of this state
payable solely from | 473 |
revenues, to pay the cost
of such projects,
including any related | 474 |
commodity contracts. Any air quality project
or advanced energy | 475 |
project shall be determined by
the authority to be not | 476 |
inconsistent with
any applicable air
quality standards duly | 477 |
established and then
required to be met
pursuant to the "Clean | 478 |
Air Act," 84 Stat. 1679
(1970), 42
U.S.C.A. 1857, as amended. Any | 479 |
resolution of the
authority
providing for acquiring or | 480 |
constructing such projects or
for
making a loan or grant for such | 481 |
projects shall include a
finding
by the authority that such | 482 |
determination has been made.
Determinations by resolution of the | 483 |
authority that a project is
an
air quality facility or advanced | 484 |
energy facility under this chapter and is consistent with
the | 485 |
purposes of section 13 of Article VIII, Ohio Constitution,
and | 486 |
this chapter, shall be conclusive as to the validity and | 487 |
enforceability of the air quality revenue bonds issued to finance | 488 |
such project and of the resolutions, trust agreements or | 489 |
indentures, leases, subleases, sale agreements, loan agreements, | 490 |
and other agreements made in connection therewith, all in | 491 |
accordance with their terms. | 492 |
(D) Sue and plead in its own name; be sued and impleaded
in | 504 |
its own name with respect to its contracts or torts of its | 505 |
members, employees, or agents acting within the scope of their | 506 |
employment, or to enforce its obligations and covenants made
under | 507 |
sections 3706.05, 3706.07, and 3706.12 of the Revised Code.
Any | 508 |
such actions against the authority shall be brought in the
court | 509 |
of common pleas of the county in which the principal office
of the | 510 |
authority is located, or in the court of common pleas of
the | 511 |
county in which the cause of action arose, provided such
county is | 512 |
located within this state, and all summonses,
exceptions, and | 513 |
notices of every kind shall be served on the
authority by leaving | 514 |
a copy thereof at the principal office with
the person in charge | 515 |
thereof or with the secretary-treasurer of
the authority. | 516 |
(J) Acquire, in the name of the state, by purchase or | 538 |
otherwise, on such terms and in such manner as the authority
finds | 539 |
proper, or by the exercise of the right of condemnation in
the | 540 |
manner provided by section 3706.17 of the Revised Code, such | 541 |
public or private lands, including public parks, playgrounds, or | 542 |
reservations, or parts thereof or rights therein, rights-of-way, | 543 |
property, rights, easements, and interests as it finds necessary | 544 |
for carrying out this chapter, but excluding the acquisition by | 545 |
the exercise of the right of condemnation of any air quality | 546 |
facility or advanced energy facility owned by any person or | 547 |
governmental agency; and
compensation shall be paid for public or | 548 |
private lands so taken; | 549 |
(1) When the cost under any such contract or agreement,
other | 553 |
than compensation for personal services, involves an
expenditure | 554 |
of more than two thousand dollars, the authority
shall make a | 555 |
written contract with the lowest responsive and
responsible | 556 |
bidder, in accordance with section 9.312 of the
Revised Code, | 557 |
after advertisement for not less than two
consecutive weeks in a | 558 |
newspaper of general circulation in
Franklin county, and in such | 559 |
other publications as the authority
determines, which notice shall | 560 |
state the general character of the
work and the general character | 561 |
of the materials to be furnished,
the place where plans and | 562 |
specifications therefor may be
examined, and the time and place of | 563 |
receiving bids; provided,
that a contract or lease for the | 564 |
operation of an air quality
project or advanced energy project | 565 |
constructed and owned by the authority or an agreement
for | 566 |
cooperation in the acquisition or construction of an air
quality | 567 |
project or advanced energy project pursuant to section 3706.12 of | 568 |
the Revised Code
or any contract for the construction of an air | 569 |
quality project
or advanced energy project that is to be leased by | 570 |
the authority to, and operated by,
persons whothat are not | 571 |
governmental agencies and the cost of such
project is to be | 572 |
amortized exclusively from rentals or other
charges paid to the | 573 |
authority by persons whothat are not governmental
agencies is not | 574 |
subject to the foregoing requirements and the
authority may enter | 575 |
into such contract, lease, or agreement
pursuant to negotiation | 576 |
and upon such terms and conditions and
for such period as it finds | 577 |
to be reasonable and proper in the
circumstances and in the best | 578 |
interests of proper operation or of
efficient acquisition or | 579 |
construction of such project. | 580 |
(L) Employ managers, superintendents, and other employees
and | 596 |
retain or contract with consulting engineers, financial | 597 |
consultants, accounting experts, architects, attorneys, and such | 598 |
other consultants and independent contractors as are necessary in | 599 |
its judgment to carry out this chapter, and fix the compensation | 600 |
thereof. All expenses thereof shall be payable solely from the | 601 |
proceeds of air quality revenue bonds or notes issued under this | 602 |
chapter, from revenues, or from funds appropriated for such | 603 |
purpose by the general assembly. | 604 |
(M) Receive and accept from any federal agency, subject to | 605 |
the approval of the governor, grants for or in aid of the | 606 |
construction of any air quality project or advanced energy project | 607 |
or for research and
development with respect to air quality | 608 |
facilities and advanced energy facilities, and receive
and accept | 609 |
aid or contributions from any source of money,
property, labor, or | 610 |
other things of value, to be held, used, and
applied only for the | 611 |
purposes for which such grants and
contributions are made; | 612 |
Sec. 3706.041. (A) With respect to projects, and the | 661 |
financing thereof, for industry, commerce, distribution, or | 662 |
research, including public utility companies, under agreements | 663 |
whereby the person to whom the project is to be leased, subleased, | 664 |
or sold, or to whom a loan is to be made for the project, is to | 665 |
make payments sufficient to pay all of the principal of, premium, | 666 |
if any, and interest on the air quality revenue bonds issued for | 667 |
the project, or the counterparty under any related commodity | 668 |
contract agrees to make payments sufficient in amount to pay all | 669 |
of the principal of, premium, if any, and interest on the related | 670 |
air quality revenue bonds, the Ohio air quality development | 671 |
authority may, in addition to other powers under
this chapter: | 672 |
(1) Make loans for the acquisition or construction of the | 673 |
project to such person upon such terms as the authority may | 674 |
determine or authorize, including secured or unsecured loans,
and, | 675 |
in connection therewith, enter into loan agreements and
other | 676 |
agreements, including commodity contracts, accept notes and other | 677 |
forms of obligation to
evidence such indebtedness and mortgages, | 678 |
liens, pledges,
assignments, or other security interests to secure | 679 |
such
indebtedness, which may be prior or subordinate
to
or on a | 680 |
parity with other indebtedness, obligations, mortgages,
pledges, | 681 |
assignments, other security interests, or liens or
encumbrances, | 682 |
and take such actions as may be considered by it
appropriate to | 683 |
protect such security and safeguard against
losses,
including, | 684 |
without limitation thereto, foreclosure and
the bidding
upon and | 685 |
purchase of property upon foreclosure or
other sale. | 686 |
(2) Sell such project under such terms as it may
determine, | 687 |
including, without limitation thereto, sale by
conditional sale or | 688 |
installment sale, under which title may pass
prior to or after | 689 |
completion of the project or payment or
provisions for payment of | 690 |
all principal of, premium, if any, and
interest on such bonds, or | 691 |
at any other time provided in such
agreement pertaining to such | 692 |
sale, and including sale under an
option to purchase at a price | 693 |
which may be a nominal amount or
less than true value at the time | 694 |
of purchase. | 695 |
(3) Grant a mortgage, lien, or other encumbrance on, or | 696 |
pledge or assignment of, or other security interest with respect | 697 |
to, all or any part of the project, revenues, reserve funds, or | 698 |
other funds established in connection with such bonds, or on, of, | 699 |
or with respect to any lease, sublease, sale, conditional sale or | 700 |
installment sale agreement, loan agreement, or other agreement | 701 |
pertaining to the lease, sublease, sale, or other disposition of
a | 702 |
project or pertaining to a loan made for a project, or any | 703 |
guaranty or insurance agreement made with respect thereto, or any | 704 |
interest of the authority therein, or any other interest granted, | 705 |
assigned, or released to secure payments of the principal of, | 706 |
premium, if any, or interest on the bonds or to secure any other | 707 |
payments to be made by the authority, which mortgage, lien, | 708 |
encumbrance, pledge, assignment, or other security interest may
be | 709 |
prior or subordinate to or on a parity with any other
mortgage, | 710 |
assignment, other security interest, or lien or
encumbrance. | 711 |
Sec. 3706.05. The Ohio air quality development authority
may | 749 |
at any time issue revenue bonds and notes of the state in
such | 750 |
principal amount as, in the opinion of the authority, are | 751 |
necessary for the purpose of paying any part of the cost of one
or | 752 |
more air quality projects or advanced energy projects or parts | 753 |
thereof, including one or more
payments pursuant to a commodity | 754 |
contract entered into in
connection with the acquisition or | 755 |
construction of air quality
facilities or advanced energy | 756 |
facilities. The authority may
at any time issue renewal notes, | 757 |
issue bonds to pay such notes
and whenever it deems refunding | 758 |
expedient, refund any bonds by
the issuance of air quality revenue | 759 |
refunding bonds of the state,
whether the bonds to be refunded | 760 |
have or have not matured, and
issue bonds partly to refund bonds | 761 |
then outstanding, and partly
for any other authorized purpose. The | 762 |
refunding bonds shall be
sold and the proceeds applied to the | 763 |
purchase, redemption, or
payment of the bonds to be refunded. | 764 |
Except as may otherwise be
expressly provided by the authority, | 765 |
every issue of its bonds or
notes shall be general obligations of | 766 |
the authority payable out
of the revenues of the authority that | 767 |
are pledged for such
payment, without preference or priority of | 768 |
the first bonds
issued, subject only to any agreements with the | 769 |
holders of
particular bonds or notes pledging any particular | 770 |
revenues. Such
pledge shall be valid and binding from the time the | 771 |
pledge is
made and the revenues so pledged and thereafter received | 772 |
by the
authority shall immediately be subject to the lien of such | 773 |
pledge
without any physical delivery thereof or further act, and | 774 |
the
lien of any such pledge is valid and binding as against all | 775 |
parties having claims of any kind in tort, contract, or otherwise | 776 |
against the authority, irrespective of whether such parties have | 777 |
notice thereof. Neither the resolution nor any trust agreement
by | 778 |
which a pledge is created need be filed or recorded except in
the | 779 |
records of the authority. | 780 |
The bonds and notes shall be authorized by resolution of
the | 786 |
authority, shall bear such date or dates, and shall mature at
such | 787 |
time or times, in the case of any such note or any renewals | 788 |
thereof not exceeding five years from the date of issue of such | 789 |
original note and in the case of any such bond not exceeding
forty | 790 |
years from the date of issue, as such resolution or
resolutions | 791 |
may provide. The bonds and notes shall bear interest
at such rate | 792 |
or rates, be in such denominations, be in such form,
either coupon | 793 |
or registered, carry such registration privileges,
be payable in | 794 |
such medium of payment, at such place or places,
and be subject to | 795 |
such terms of redemption as the authority may
authorize. The bonds | 796 |
and notes of the authority may be sold by
the authority, at public | 797 |
or private sale, at or at not less than
such price or prices as | 798 |
the authority determines. The bonds and
notes shall be executed by | 799 |
the chairperson and
vice-chairperson of the
authority, either or | 800 |
both of whom may use a facsimile signature,
the official seal of | 801 |
the authority or a facsimile thereof shall
be
affixed thereto or | 802 |
printed thereon and attested, manually or
by
facsimile signature, | 803 |
by the secretary-treasurer of the
authority,
and any coupons | 804 |
attached thereto shall bear the
signature or
facsimile signature | 805 |
of the chairperson of
the
authority.
In case any officer whose | 806 |
signature, or a facsimile
of whose
signature, appears on any | 807 |
bonds, notes or coupons ceases
to be
such officer before delivery | 808 |
of bonds or notes, such
signature or
facsimile shall nevertheless | 809 |
be sufficient for all
purposes the
same as if the officer had | 810 |
remained in office
until such
delivery, and in case the seal of | 811 |
the authority has been changed
after a facsimile has been | 812 |
imprinted on such bonds or notes, such
facsimile seal will | 813 |
continue to be sufficient for all purposes. | 814 |
Any resolution or resolutions authorizing any bonds or
notes | 815 |
or any issue thereof may contain provisions, subject to
such | 816 |
agreements with bondholders or noteholders as may then
exist, | 817 |
which provisions shall be a part of the contract with the
holders | 818 |
thereof, as to: the pledging of all or any part of the
revenues of | 819 |
the authority to secure the payment of the bonds or
notes or of | 820 |
any issue thereof; the use and disposition of
revenues of the | 821 |
authority; a covenant to fix, alter, and collect
rentals and other | 822 |
charges so that pledged revenues will be
sufficient to pay costs | 823 |
of operation, maintenance, and repairs,
pay principal of and | 824 |
interest on bonds or notes secured by the
pledge of such revenues, | 825 |
and provide such reserves as may be
required by the applicable | 826 |
resolution or trust agreement; the
setting aside of reserve funds, | 827 |
sinking funds, or replacement and
improvement funds and the | 828 |
regulation and disposition thereof; the
crediting of the proceeds | 829 |
of the sale of bonds or notes to and
among the funds referred to | 830 |
or provided for in the resolution
authorizing the issuance of the | 831 |
bonds or notes; the use, lease,
sale, or other disposition of any | 832 |
air quality project or any
other assets of the authority; | 833 |
limitations on the purpose to
which the proceeds of sale of bonds | 834 |
or notes may be applied and
the pledging of such proceeds to | 835 |
secure the payment of the bonds
or notes or of any issue thereof; | 836 |
as to notes issued in
anticipation of the issuance of bonds, the | 837 |
agreement of the
authority to do all things necessary for the | 838 |
authorization,
issuance, and sale of such bonds in such amounts as | 839 |
may be
necessary for the timely retirement of such notes; | 840 |
limitations on
the issuance of additional bonds or notes; the | 841 |
terms upon which
additional bonds or notes may be issued and | 842 |
secured; the
refunding of outstanding bonds or notes; the | 843 |
procedure, if any,
by which the terms of any contract with | 844 |
bondholders or
noteholders may be amended or abrogated, the amount | 845 |
of bonds or
notes the holders of which must consent thereto, and | 846 |
the manner
in which such consent may be given; limitations on the | 847 |
amount of
moneys to be expended by the authority for operating, | 848 |
administrative, or other expenses of the authority; securing any | 849 |
bonds or notes by a trust agreement in accordance with section | 850 |
3706.07 of the Revised Code; any other matters, of like or | 851 |
different character, that in any way affect the security or | 852 |
protection of the bonds or notes. | 853 |
Any such trust agreement may pledge or assign revenues of
the | 869 |
authority to be received, but shall not convey or mortgage
any air | 870 |
quality project or any part thereof. Any such trust
agreement or | 871 |
any resolution providing for the issuance of such
bonds or notes | 872 |
may contain such provisions for protecting and
enforcing the | 873 |
rights and remedies of the bondholders or
noteholders as are | 874 |
reasonable and proper and not in violation of
law, including | 875 |
covenants setting forth the duties of the
authority in relation to | 876 |
the acquisition of property, the
construction, improvement, | 877 |
maintenance, repair, operation, and
insurance of the air quality | 878 |
project or projects in connection
with which such bonds or notes | 879 |
are authorized, the rentals or
other charges to be imposed for the | 880 |
use or services of any air
quality project, the application of | 881 |
revenues received or otherwise derived from a commodity contract | 882 |
or from the sale of the related commodity under such contract, the | 883 |
custody, safeguarding, and application of
all moneys, and | 884 |
provisions for the employment of consulting
engineers in | 885 |
connection with the construction or operation of
such air quality | 886 |
project or projects. Any bank or trust company
incorporated under | 887 |
the laws of this state that may act as
depository of the proceeds | 888 |
of bonds or notes or of revenues may
furnish such indemnifying | 889 |
bonds or may pledge such securities as
are required by the | 890 |
authority. Any such trust agreement may set
forth the rights and | 891 |
remedies of the bondholders and noteholders
and of the trustee, | 892 |
and may restrict the individual right of
action by bondholders and | 893 |
noteholders as is customary in trust
agreements or trust | 894 |
indentures securing similar bonds. Such
trust agreement may | 895 |
contain such other provisions as the
authority determines | 896 |
reasonable and proper for the security of
the bondholders or | 897 |
noteholders. All expenses incurred in
carrying out the provisions | 898 |
of any such trust agreement may be
treated as a part of the cost | 899 |
of the operation of the air quality
project or projects. Any such | 900 |
trust agreement or resolution
authorizing the issuance of air | 901 |
quality revenue bonds may provide
the method whereby the general | 902 |
administrative overhead expenses
of the authority shall be | 903 |
allocated among the several projects
acquired or constructed by it | 904 |
as a factor of the operation
expense of each such project. | 905 |
Sec. 3706.08. Any holder of air quality revenue bonds
issued | 906 |
under Chapter 3706. of the Revised Code, or any of the
coupons | 907 |
appertaining thereto, and the trustee under any trust
agreement, | 908 |
except to the extent the rights given by such chapter
may be | 909 |
restricted by the applicable resolution or such trust
agreement, | 910 |
may by suit, action, mandamus, or other proceedings,
protect and | 911 |
enforce any rights under the laws of the state or
granted under | 912 |
such chapter, trust agreement, or the resolution
authorizing the | 913 |
issuance of such bonds, and may enforce and
compel the performance | 914 |
of all duties required by such chapter, or
by the trust agreement | 915 |
or resolution, to be performed by the Ohio
air quality development | 916 |
authority or any officer thereof,
including the fixing, charging, | 917 |
and collecting of rentals or
other charges. | 918 |
Sec. 3706.09. Air quality revenueRevenue bonds and notes | 919 |
and air
quality revenue refunding bonds issued under Chapter 3706. | 920 |
of the
Revised Code do not constitute a debt, or a pledge of the | 921 |
faith
and credit, of the state or any political subdivision | 922 |
thereof,
and the holders or owners thereof have no right to have | 923 |
taxes
levied by the general assembly or taxing authority of any | 924 |
political subdivision of the state for the payment of the | 925 |
principal thereof or interest thereon, but such bonds and notes | 926 |
are payable solely from the revenues and funds pledged for their | 927 |
payment as authorized by such chapter, unless the notes are
issued | 928 |
in anticipation of the issuance of bonds or the bonds are
refunded | 929 |
by refunding bonds issued under such chapter, which
bonds or | 930 |
refunding bonds shall be payable solely from revenues
and funds | 931 |
pledged for their payment as authorized by such
sections. All such | 932 |
bonds and notes shall contain on the face
thereof a statement to | 933 |
the effect that the bonds or notes, as to
both principal and | 934 |
interest, are not debts of the state or any
political subdivision | 935 |
thereof, but are payable solely from
revenues and funds pledged | 936 |
for their payment. | 937 |
Sec. 3706.10. All moneys, funds, properties, and assets | 943 |
acquired by the Ohio air quality development authority under | 944 |
Chapter 3706. of the Revised Code, whether as proceeds from the | 945 |
sale of air quality revenue bonds or as revenues, or otherwise, | 946 |
shall be held by it in trust for the purposes of carrying out its | 947 |
powers and duties, shall be used and reused as provided in such | 948 |
chapter, and shall at no time be part of other public funds.
Such | 949 |
funds, except as otherwise provided in any resolution
authorizing | 950 |
its air quality revenue bonds or in any trust
agreement securing | 951 |
the same, or except when invested pursuant to
section 3706.11 of | 952 |
the Revised Code, shall be kept in
depositories selected by the | 953 |
authority in the manner provided in
Chapter 135. of the Revised | 954 |
Code, and the deposits shall be
secured as provided in Chapter | 955 |
135. of the Revised Code. The
resolution authorizing the issuance | 956 |
of such bonds of any issue or
the trust agreement securing such | 957 |
bonds shall provide that any
officer to whom, or any bank or trust | 958 |
company to which, such
moneys are paid shall act as trustee of | 959 |
such moneys and hold and
apply them for the purposes hereof, | 960 |
subject to such conditions as
such chapter and such resolutions or | 961 |
trust agreement provide. | 962 |
Sec. 3706.11. Moneys in the funds of the Ohio air quality | 963 |
development
authority, except as otherwise provided in any | 964 |
resolution authorizing the
issuance of its air quality revenue | 965 |
bonds or in any trust agreement securing
the same, in excess of | 966 |
current needs, may be invested in notes, bonds, or
other | 967 |
obligations of the United States of America or any agency or | 968 |
instrumentality thereof, or in obligations of this state or any | 969 |
political
subdivision thereof. Income from all such investments of | 970 |
moneys in any fund
shall be credited to such funds as the | 971 |
authority determines, subject to the
provisions of any such | 972 |
resolution or trust agreement and such investments may
be sold at | 973 |
such times as the authority determines. | 974 |
Sec. 3706.12. The Ohio air quality development authority
may | 975 |
charge, alter, and collect rentals or other charges for the
use or | 976 |
services of any air quality project or advanced energy project and | 977 |
contract in the
manner provided by this section with one or more | 978 |
persons, one or
more governmental agencies, or any combination | 979 |
thereof, desiring
the use or services of such project, and fix the | 980 |
terms,
conditions, rentals, or other charges for such use or | 981 |
services.
Such rentals or other charges shall not be subject to | 982 |
supervision
or regulation by any other authority, commission, | 983 |
board, bureau,
or agency of the state and such contract may | 984 |
provide for
acquisition by such person or governmental agency of | 985 |
all or any
part of such air quality project or advanced energy | 986 |
project for such consideration payable
over the period of the | 987 |
contract or otherwise as the authority in
its sole discretion | 988 |
determines to be appropriate, but subject to
the provisions of any | 989 |
resolution authorizing the issuance of air
quality revenue bonds | 990 |
or notes or air quality revenue refunding
bonds of the authority | 991 |
or any trust agreement securing the same.
Any governmental agency | 992 |
that has power to construct, operate, and
maintain air quality | 993 |
facilities or advanced energy facilities may enter into a contract | 994 |
or
lease with the authority whereby the use or services of any air | 995 |
quality project or advanced energy project of the authority will | 996 |
be made available to such
governmental agency and may pay for such | 997 |
use or services such
rentals or other charges as may be agreed to | 998 |
by the authority and
such governmental agency. | 999 |
Any governmental agency or combination of governmental | 1000 |
agencies may cooperate with the authority in the acquisition or | 1001 |
construction of an air quality project or advanced energy project | 1002 |
and shall enter into such
agreements with the authority as may be | 1003 |
necessary, with a view to
effective cooperative action and | 1004 |
safeguarding of the respective
interests of the parties thereto, | 1005 |
which agreements shall provide
for such contributions by the | 1006 |
parties thereto in such proportion
as may be agreed upon and such | 1007 |
other terms as may be mutually
satisfactory to the parties | 1008 |
including without limitation the
authorization of the construction | 1009 |
of the project by one of the
parties acting as agent for all of | 1010 |
the parties and the ownership
and control of the project by the | 1011 |
authority to the extent
necessary or appropriate for purposes of | 1012 |
the issuance of air
quality revenue bonds by the authority. Any | 1013 |
governmental agency
may provide the funds for the payment of such | 1014 |
contribution as is
required under such agreements by the levy of | 1015 |
taxes, assessments
or rentals and other charges for the use of the | 1016 |
utility system of
which the air quality project or advanced energy | 1017 |
project is a part or to which it is
connected, if otherwise | 1018 |
authorized by the laws governing such
governmental agency in the | 1019 |
construction of the type of air
quality project or advanced energy | 1020 |
project provided for in the agreements, and may pay the
proceeds | 1021 |
from the collection of such taxes, assessments, utility
rentals, | 1022 |
or other charges to the authority pursuant to such
agreements; or | 1023 |
the governmental agency may issue bonds or notes,
if authorized by | 1024 |
such laws, in anticipation of the collection of
such taxes, | 1025 |
assessments, utility rentals, or other charges and
may pay the | 1026 |
proceeds of such bonds or notes to the authority
pursuant to such | 1027 |
agreements. In addition any governmental agency
may provide the | 1028 |
funds for the payment of such contribution by the
appropriation of | 1029 |
money or, if otherwise authorized by law, by the
issuance of bonds | 1030 |
or notes and may pay such appropriated money or
the proceeds of | 1031 |
such bonds or notes to the authority pursuant to
such agreements. | 1032 |
The agreement by the governmental agency to
provide such | 1033 |
contribution, whether from appropriated money or
from the proceeds | 1034 |
of such taxes, assessments, utility rentals, or
other charges, or | 1035 |
such bonds or notes, or any combination
thereof, shall not be | 1036 |
subject to Chapter 133. of the Revised Code
or any regulations or | 1037 |
limitations contained therein. The
proceeds from the collection of | 1038 |
such taxes or assessments, and
any interest earned thereon, shall | 1039 |
be paid into a special fund
immediately upon the collection | 1040 |
thereof by the governmental
agency for the purpose of providing | 1041 |
such contribution at the
times required under such agreements. | 1042 |
When the contribution of any governmental agency is to be | 1043 |
made over a period of time from the proceeds of the collection of | 1044 |
special assessments, the interest accrued and to accrue before
the | 1045 |
first installment of such assessments shall be collected
which is | 1046 |
payable by such governmental agency on such contribution
under the | 1047 |
terms and provisions of such agreements shall be
treated as part | 1048 |
of the cost of the improvement for which such
assessments are | 1049 |
levied, and that portion of such assessments as
are collected in | 1050 |
installments shall bear interest at the same
rate as such | 1051 |
governmental agency is obligated to pay on such
contribution under | 1052 |
the terms and provisions of such agreements
and for the same | 1053 |
period of time as the contribution is to be made
under such | 1054 |
agreements. If the assessment or any installment
thereof is not | 1055 |
paid when due, it shall bear interest until the
payment thereof at | 1056 |
the same rate as such contribution and the
county auditor shall | 1057 |
annually place on the tax list and duplicate
the interest | 1058 |
applicable to such assessment and the penalty and
additional | 1059 |
interest thereon as otherwise authorized by law. | 1060 |
Any governmental agency, pursuant to a favorable vote of
the | 1061 |
electors in an election held before or after June 1, 1970,
for the | 1062 |
purpose of issuing bonds to provide funds to acquire,
construct, | 1063 |
or equip, or provide real estate and interests in real
estate for, | 1064 |
an air quality facility or advanced energy facility, whether or | 1065 |
not such
governmental agency, at the time of such election, had | 1066 |
the
authority to pay the proceeds from such bonds or notes issued | 1067 |
in
anticipation thereof to the authority as provided in this | 1068 |
section, may issue such bonds or notes in anticipation of the | 1069 |
issuance thereof and pay the proceeds thereof to the authority in | 1070 |
accordance with its agreement with the authority; provided, that | 1071 |
the legislative authority of the governmental agency find and | 1072 |
determine that the air quality project or advanced energy project | 1073 |
to be acquired or
constructed by the authority in cooperation with | 1074 |
such
governmental agency will serve the same public purpose and | 1075 |
meet
substantially the same public need as the facility otherwise | 1076 |
proposed to be acquired or constructed by the governmental agency | 1077 |
with the proceeds of such bonds or notes. | 1078 |
Sec. 3706.13. Each air quality project or advanced energy | 1079 |
project, when constructed
and placed in operation, shall be | 1080 |
maintained and kept in good
condition and repair by the Ohio air | 1081 |
quality development
authority, or the authority shall cause the | 1082 |
same to be maintained
and kept in good condition and repair. Each | 1083 |
such project shall
be operated by such operating employees as the | 1084 |
authority employs
or pursuant to a contract or lease with a person | 1085 |
or governmental
agency. All public or private property damaged or | 1086 |
destroyed in
carrying out the powers granted by Chapter 3706. of | 1087 |
the Revised
Code, shall be restored or repaired and placed in its | 1088 |
original
condition, as nearly as practicable, or adequate | 1089 |
compensation
shall be paid therefor from funds provided under such | 1090 |
chapter. | 1091 |
Sec. 3706.14. All air quality revenue bonds issued under | 1101 |
this chapter are
lawful investments of banks, societies for | 1102 |
savings, savings and loan
associations, deposit guarantee | 1103 |
associations, trust companies, trustees,
fiduciaries, insurance | 1104 |
companies, including domestic for life and domestic not
for life, | 1105 |
trustees or other officers having charge of sinking and bond | 1106 |
retirement or other special funds of political subdivisions and | 1107 |
taxing
districts of this state, the commissioners of the sinking | 1108 |
fund of the state,
the administrator of workers' compensation, the | 1109 |
state teachers retirement
system, the public employees retirement | 1110 |
system, the school employees
retirement system, and the Ohio | 1111 |
police and fire pension fund,
and are acceptable as security for | 1112 |
the deposit of public moneys. | 1113 |
Sec. 3706.15. The exercise of the powers granted by
Chapter | 1114 |
3706. of the Revised Code, will be for the benefit of the
people | 1115 |
of the state, for the improvement of their health, safety, | 1116 |
convenience, and welfare, and for the enhancement of their | 1117 |
residential, agricultural, recreational, economic, commercial,
and | 1118 |
industrial opportunities and is a public purpose. As the
operation | 1119 |
and maintenance of air quality projects or advanced energy | 1120 |
projects will constitute
the performance of essential governmental | 1121 |
functions, the Ohio air
quality development authority shall not be | 1122 |
required to pay any
taxes or assessments upon any air qualitysuch | 1123 |
project, or upon any
property acquired or used by the authority | 1124 |
under Chapter 3706. of
the Revised Code, or upon the income | 1125 |
therefrom, nor shall the
transfer to or from the Ohio air quality | 1126 |
development authority of
title or possession of any air quality | 1127 |
project or advanced energy project, part thereof, or
item included | 1128 |
or to be included in any such project, be subject
to the taxes | 1129 |
levied pursuant to Chapters 5739. and 5741. of the
Revised Code, | 1130 |
and the bonds and notes issued under this chapter,
their transfer, | 1131 |
and the income therefrom, including any profit
made on the sale | 1132 |
thereof, shall at all times be free from
taxation within the | 1133 |
state. | 1134 |
Sec. 3706.16. The Ohio air quality development authority
may | 1135 |
acquire by purchase, whenever it finds such purchase
expedient, | 1136 |
any land, property, rights, rights-of-way, franchises,
easements, | 1137 |
and other interests in lands as it finds to be
necessary or | 1138 |
convenient for the construction and operation of any
air quality | 1139 |
project or advanced energy project, upon such terms and at such | 1140 |
price as it
considers reasonable and are agreed upon between the | 1141 |
authority
and the owner thereof, and take title thereto in the | 1142 |
name of the
state. | 1143 |
Any governmental agency, notwithstanding any contrary | 1144 |
provision of law and without the necessity for an advertisement, | 1145 |
auction, order of court, or other action or formality, other than | 1146 |
the regular and formal action of such governmental agency | 1147 |
concerned, may lease, lend, grant, or convey to the authority, at | 1148 |
its request, upon such terms as the proper authorities of such | 1149 |
governmental agency find reasonable and fair any real property or | 1150 |
interests therein including improvements thereto or personal | 1151 |
property which is necessary or convenient to effect the
authorized | 1152 |
purposes of the authority, including public roads and
real or | 1153 |
personal property already devoted to public use. | 1154 |
Sec. 3706.18. When the Ohio air quality development | 1170 |
authority finds it necessary to change the location of any
portion | 1171 |
of any public road, state highway, railroad, or public
utility | 1172 |
facility in connection with the construction of an air
quality | 1173 |
project or advanced energy project, it shall cause the same to be | 1174 |
reconstructed at
such location as the division of government | 1175 |
having jurisdiction
over such road, highway, railroad, or public | 1176 |
utility facility
finds most favorable. Such reconstruction shall | 1177 |
be of
substantially the same type and in as good condition as the | 1178 |
original road, highway, railroad, or public utility facility.
The | 1179 |
cost of such reconstruction, relocation, or removal and any
damage | 1180 |
incurred in changing the location of any such road,
highway, | 1181 |
railroad, or public utility facility shall be paid by
the | 1182 |
authority as a part of the cost of such air qualitythe project. | 1183 |
When the authority finds it necessary that any public
highway | 1184 |
or portion thereof be vacated by reason of the
acquisition or | 1185 |
construction of an air quality project or advanced energy project, | 1186 |
the
authority may request the director of transportation, in | 1187 |
writing,
to vacate such highway or portion thereof in accordance | 1188 |
with
section 5511.07 of the Revised Code if the highway or portion | 1189 |
thereof to be vacated is on the state highway system, or, if the | 1190 |
highway or portion thereof to be vacated is under the
jurisdiction | 1191 |
of the county commissioners, the authority shall
request
the | 1192 |
director, in writing, to petition the board of county | 1193 |
commissioners, in
the manner provided in section 5553.041 of the | 1194 |
Revised Code, to
vacate such highway or portion thereof. The | 1195 |
authority shall pay to
the director or to the county, as a part | 1196 |
of the cost of such air
qualitythe project, any amounts required | 1197 |
to
be deposited with any
court in connection with proceedings for | 1198 |
the determination of
compensation and damages and all amounts of | 1199 |
compensation and
damages finally determined to be payable as a | 1200 |
result of such
vacation. | 1201 |
The authority may make reasonable regulations for the | 1202 |
installation, construction, maintenance, repair, renewal, | 1203 |
relocation, and removal of railroad or public utility facilities | 1204 |
in, on, over, or under any air quality project or advanced energy | 1205 |
project. Whenever the
authority determines that it is necessary | 1206 |
that any such
facilities installed or constructed in, on, over, or | 1207 |
under
property of the authority pursuant to such regulations be | 1208 |
relocated, the public utility owning or operating such facilities | 1209 |
shall relocate or remove them in accordance with the order of the | 1210 |
authority. The cost and expenses of such relocation or removal, | 1211 |
including the cost of installing such facilities in a new | 1212 |
location, and the cost of any lands, or any rights or interests
in | 1213 |
lands, and the cost of any other rights, acquired to
accomplish | 1214 |
such relocation or removal, may be paid by the
authority as a part | 1215 |
of the cost of such air qualitythe project. In
case of any such | 1216 |
relocation or removal of facilities, the
railroad or public | 1217 |
utility owning or operating them, its
successors, or assigns may | 1218 |
maintain and operate such facilities,
with the necessary | 1219 |
appurtenances, in the new location in, on,
over, or under the | 1220 |
property of the authority for as long a period
and upon the same | 1221 |
terms as it had the right to maintain and
operate such facilities | 1222 |
in their former location. | 1223 |
Every such public utility is required to conform its | 1262 |
schedules of rates, tolls, and charges to such arrangement, | 1263 |
sliding scale, classification, or other device, and where
variable | 1264 |
rates are provided for in any such schedule or
arrangement, the | 1265 |
cost data or factors upon which such rates are
based and fixed | 1266 |
shall be filed with the commission in such form
and at such times | 1267 |
as the commission directs. The commission
shall review the cost | 1268 |
data or factors upon which a variable rate
schedule filed under | 1269 |
division (B)(2) or (3) of this section is
based and shall adjust | 1270 |
the base rates of the electric light
company or order the company | 1271 |
to refund any charges that it has
collected under the variable | 1272 |
rate schedule that the commission
finds to have resulted from | 1273 |
errors or erroneous reporting. After
recovery of all of the | 1274 |
emissions fees upon which a variable rate
authorized under | 1275 |
division (B)(2) or (3) of this section is based,
collection of the | 1276 |
variable rate shall end and the variable rate
schedule shall be | 1277 |
terminated. | 1278 |
(2) For reorganization or readjustment of its indebtedness | 1291 |
and capitalization, for the discharge or lawful refunding of its | 1292 |
obligation, or for the reimbursement of moneys actually expended | 1293 |
for such purposes from income or from any other moneys in the | 1294 |
treasury of the public utility or railroad not secured or
obtained | 1295 |
from the issue of stocks, bonds, notes, or other
evidences of | 1296 |
indebtedness of such public utility or railroad. No
reimbursement | 1297 |
of moneys expended for such purposes from income or
other moneys | 1298 |
in the treasury shall be authorized unless the
applicant has kept | 1299 |
its accounts and vouchers of such expenditures
in such manner as | 1300 |
to enable the commission to ascertain the
amount and purposes of | 1301 |
such expenditures. | 1302 |
(B) Any public utility, subject to the jurisdiction of the | 1303 |
commission, may, when authorized by the commission, issue shares | 1304 |
of common capital stock to acquire or pay for shares of common | 1305 |
capital stock of a public utility of this or an adjoining state | 1306 |
whose property is so located as to permit the operation of the | 1307 |
properties of such utilities as an integrated system if the | 1308 |
applicant owns, or by this issue will acquire, not less than | 1309 |
sixty-five per cent of the issued and outstanding common capital | 1310 |
shares of the company whose shares are to be acquired, and if the | 1311 |
consideration to be capitalized by the acquiring company does not | 1312 |
exceed the par or stated value at which the shares so acquired | 1313 |
were issued. | 1314 |
Sec. 4909.161. (A) Notwithstanding the provisions of | 1364 |
Chapters 4905.
and 4909. of
the Revised Code, the payment of any | 1365 |
type of increased excise tax levy shall
be considered to be a | 1366 |
normal expense incurred by a public utility in the
course of | 1367 |
rendering service to the public, and may be recovered as such in | 1368 |
accordance with an order of the public utilities commission. Any | 1369 |
public
utility required to pay any such increased excise tax levy | 1370 |
may file with the
public utilities commission revised rate | 1371 |
schedules that
will permit full
recovery on an interim or | 1372 |
permanent basis in its rates, of the amount of any
resultant | 1373 |
increased tax payments and the commission shall promptly act to | 1374 |
approve such schedules. | 1375 |
(B) Notwithstanding
Chapters 4905. and 4909. of the Revised | 1376 |
Code, the payment of the kilowatt-hour
tax imposed by section | 1377 |
5727.81 of the
Revised Code shall be considered a
normal expense | 1378 |
incurred by an electric distribution utility, as defined in | 1379 |
section 4928.01 of the Revised Code, in the course of
rendering | 1380 |
service to the public, and may be recovered as such in
accordance | 1381 |
with an order of the commission. An electric distribution utility | 1382 |
required to pay the kilowatt-hour tax may file with the
commission | 1383 |
revised rate schedules, consistent with
Chapters 4905. and 4909. | 1384 |
and division
(A)(6) of section 4928.34 of the Revised Code,
that | 1385 |
will permit full recovery
on a permanent basis in its rates, of | 1386 |
the amount of any
resultant tax payments,
after taking into | 1387 |
account
any reductions of taxes in its rates resulting from Sub. | 1388 |
S.B. No. 3 of the 123rd general assembly,
and the commission shall | 1389 |
act promptly to
approve those schedules. | 1390 |
(1) "Ancillary service" means any function necessary to the | 1392 |
provision of electric transmission or distribution service to a | 1393 |
retail
customer and includes, but is not limited to, scheduling, | 1394 |
system
control, and dispatch services; reactive supply from | 1395 |
generation
resources and voltage control service; reactive supply | 1396 |
from
transmission resources service; regulation service; frequency | 1397 |
response service; energy imbalance service; operating | 1398 |
reserve-spinning reserve service; operating reserve-supplemental | 1399 |
reserve service; load following; back-up supply service; | 1400 |
real-power loss replacement service; dynamic scheduling; system | 1401 |
black start capability; and network stability service. | 1402 |
(2) "Billing and collection agent" means a fully independent | 1403 |
agent, not affiliated with or otherwise controlled by an electric | 1404 |
utility, electric services company, electric cooperative, or | 1405 |
governmental
aggregator subject to certification under section | 1406 |
4928.08 of the Revised Code, to the extent
that the agent is under | 1407 |
contract with such utility, company, cooperative, or
aggregator | 1408 |
solely to provide billing and collection for retail electric | 1409 |
service on behalf of the utility company, cooperative, or | 1410 |
aggregator. | 1411 |
(15) "Level of funding for low-income customer energy | 1462 |
efficiency
programs provided through electric utility rates" means | 1463 |
the level
of funds specifically included in an electric utility's | 1464 |
rates on
October 5, 1999, pursuant to an order of the
public | 1465 |
utilities commission issued under Chapter 4905. or 4909. of
the | 1466 |
Revised Code and in effect on October 4, 1999, for the purpose of | 1467 |
improving the energy
efficiency of housing for the utility's | 1468 |
low-income customers. The
term excludes the level of any such | 1469 |
funds committed to a specific
nonprofit organization or | 1470 |
organizations pursuant to a stipulation
or contract. | 1471 |
(25)(23) "Advanced energy project" means any technologies, | 1508 |
products, activities, or management practices or strategies that | 1509 |
facilitate the generation or use of electricity and that reduce or | 1510 |
support the reduction of energy consumption or support the | 1511 |
production of clean, renewable energy for industrial, | 1512 |
distribution, commercial, institutional, governmental,
research, | 1513 |
not-for-profit, or residential energy users. Such energy includes, | 1514 |
but is not limited to, wind power; geothermal energy; solar | 1515 |
thermal energy; and energy produced by micro turbines in | 1516 |
distributed generation applications with high electric | 1517 |
efficiencies, by combined heat and power applications, by fuel | 1518 |
cells powered by hydrogen derived from wind, solar, biomass, | 1519 |
hydroelectric, landfill gas, or geothermal sources, or by solar | 1520 |
electric generation, landfill gas, or hydroelectric generation. | 1521 |
(26) "Regulatory assets" means the unamortized net regulatory | 1522 |
assets that are capitalized or deferred on the regulatory books of | 1523 |
the electric utility, pursuant to an order or practice of the | 1524 |
public utilities commission or pursuant to generally accepted | 1525 |
accounting principles as a result of a prior commission | 1526 |
rate-making decision, and that would otherwise have been charged | 1527 |
to expense as incurred or would not have been capitalized or | 1528 |
otherwise deferred for future regulatory consideration absent | 1529 |
commission action. "Regulatory assets" includes, but is not | 1530 |
limited to, all deferred demand-side management costs; all | 1531 |
deferred percentage of income payment plan arrears; | 1532 |
post-in-service capitalized charges and assets recognized in | 1533 |
connection with statement of financial accounting standards no. | 1534 |
109 (receivables from customers for income taxes); future nuclear | 1535 |
decommissioning costs and fuel disposal costs as those costs have | 1536 |
been determined by the commission in the electric utility's most | 1537 |
recent rate or accounting application proceeding addressing such | 1538 |
costs; the undepreciated costs of safety and radiation control | 1539 |
equipment on nuclear generating plants owned or leased by an | 1540 |
electric utility; and fuel costs currently deferred pursuant to | 1541 |
the terms of one or more settlement agreements approved by the | 1542 |
commission. | 1543 |
(27)(24) "Retail electric service" means any service involved | 1544 |
in
supplying or arranging for the supply of electricity to | 1545 |
ultimate
consumers in this state, from the point of generation to | 1546 |
the point
of consumption. For the purposes of this chapter, retail | 1547 |
electric
service includes one or more of the following "service | 1548 |
components": generation service, aggregation service, power | 1549 |
marketing service, power brokerage service, transmission service, | 1550 |
distribution service, ancillary service, metering service, and | 1551 |
billing and collection service. | 1552 |
(C) Prior to January 1, 2001, and after application by
an | 1589 |
electric utility, notice, and an opportunity to be heard, the | 1590 |
public
utilities
commission may issue an order
delaying the | 1591 |
January 1, 2001, starting date of competitive retail
electric | 1592 |
service for the electric utility for a
specified number of days | 1593 |
not to exceed six months, but only for extreme
technical | 1594 |
conditions
precluding the start of competitive retail electric | 1595 |
service on
January 1, 2001. | 1596 |
Sec. 4928.05. (A)(1)(a) On and after the starting date of | 1662 |
competitive
retail electric service, a competitive retail electric | 1663 |
service
supplied by an electric utility or electric services | 1664 |
company shall not be
subject to supervision and
regulation by a | 1665 |
municipal corporation under Chapter 743. of the Revised Code or by | 1666 |
the public utilities
commission under Chapters 4901. to 4909., | 1667 |
4933., 4935., and 4963.
of the Revised Code, except section | 1668 |
sections 4905.10 and 4905.31, division
(B) of section 4905.33, and | 1669 |
sections 4905.35 and 4933.81 to 4933.90; except
sections 4905.06, | 1670 |
4935.03, 4963.40,
and 4963.41 of the
Revised Code only to the | 1671 |
extent related to service
reliability and public
safety; and | 1672 |
except as otherwise provided in this chapter. The
commission's | 1673 |
authority to enforce those excepted provisions with
respect to a | 1674 |
competitive retail electric service shall be such authority
as is | 1675 |
provided for their enforcement under Chapters 4901. to 4909., | 1676 |
4933., 4935., and 4963. of the Revised Code and this chapter. | 1677 |
(2) On and after the starting date of competitive retail | 1691 |
electric service,
a noncompetitive retail electric service | 1692 |
supplied by an
electric utility shall be subject to supervision | 1693 |
and regulation by the
commission under Chapters 4901. to 4909., | 1694 |
4933., 4935., and 4963.
of the Revised Code and this chapter, to | 1695 |
the extent that
authority
is not preempted by federal law. The | 1696 |
commission's authority to
enforce those provisions with respect to | 1697 |
a noncompetitive retail
electric service shall be the authority | 1698 |
provided under those chapters
and this chapter, to the extent the | 1699 |
authority is not preempted by
federal law. | 1700 |
On and after that starting date, a noncompetitive retail | 1708 |
electric service
supplied by an electric
cooperative shall not be | 1709 |
subject to supervision and regulation by the
commission under | 1710 |
Chapters 4901. to 4909., 4933., 4935., and 4963.
of the Revised | 1711 |
Code, except sections 4933.81 to 4933.90 and 4935.03 of the | 1712 |
Revised Code. The commission's
authority to enforce those excepted | 1713 |
sections with respect to a noncompetitive
retail electric service | 1714 |
of an electric cooperative shall be such authority as
is provided | 1715 |
for their enforcement under Chapters 4933. and 4935.
of the | 1716 |
Revised Code. | 1717 |
Sec. 4928.06. (A) Beginning on the starting date of | 1723 |
competitive
retail electric service, the public utilities | 1724 |
commission shall
ensure
that the policy specified in section | 1725 |
4928.02 of the
Revised Code
is effectuated. To the extent | 1726 |
necessary, the commission shall
adopt rules to carry out this | 1727 |
chapter. Initial rules necessary
for the commencement of the | 1728 |
competitive retail electric service
under this chapter shall be | 1729 |
adopted within one hundred eighty days
after the effective date of | 1730 |
this section. Except as otherwise
provided in this chapter, the | 1731 |
proceedings and orders of the
commission under the chapter shall | 1732 |
be subject to and governed by
Chapter 4903. of the Revised
Code. | 1733 |
(C) In addition to its authority under section 4928.04 of the | 1743 |
Revised Code
and
divisions (A)
and (B) of this section, the | 1744 |
commission, on an ongoing basis,
shall monitor and evaluate the | 1745 |
provision of retail electric service in this
state for the purpose | 1746 |
of discerning any noncompetitive retail electric service that | 1747 |
should be available on a competitive basis on or after the | 1748 |
starting date of competitive retail electric service pursuant to a | 1749 |
declaration in the Revised Code, and for the purpose of
discerning | 1750 |
any competitive retail electric service that is no longer subject | 1751 |
to effective
competition on or after that date. Upon such | 1752 |
evaluation, the commission periodically shall report its findings | 1753 |
and any recommendations for legislation to the standing committees | 1754 |
of both houses of the general assembly that have primary | 1755 |
jurisdiction regarding public utility legislation. Until
2008, the | 1756 |
commission and the consumer's counsel also shall provide
biennial | 1757 |
reports to those standing committees, regarding the
effectiveness | 1758 |
of competition in the supply of competitive retail
electric | 1759 |
services in this state.
In addition, until the end of all market | 1760 |
development periods as determined
by the commission under section | 1761 |
4928.40 of the Revised Code, those standing
committees shall meet | 1762 |
at least biennially to consider the
effect on this state of | 1763 |
electric service restructuring and to
receive reports from the | 1764 |
commission, consumers' counsel, and
director of development. | 1765 |
(2) In addition to the commission's authority under division | 1791 |
(E)(1) of this section, the commission, beginning the first year | 1792 |
after the market development period of a particular electric | 1793 |
utility and after reasonable notice and opportunity for hearing, | 1794 |
may take such measures within a transmission constrained area in | 1795 |
the utility's certified territory as are necessary to ensure that | 1796 |
retail electric generation service is provided at reasonable rates | 1797 |
within that area. The commission may exercise this authority only | 1798 |
upon findings that an electric utility is or has engaged in the | 1799 |
abuse of market power and that that abuse is not adequately | 1800 |
mitigated by rules and practices of any independent transmission | 1801 |
entity controlling the transmission facilities. Any such measure | 1802 |
shall be taken only to the extent necessary to protect customers | 1803 |
in the area from the particular abuse of market power and to the | 1804 |
extent the commission's authority is not preempted by federal law. | 1805 |
The
measure shall remain in effect until the commission, after | 1806 |
reasonable notice and opportunity for hearing, determines that the | 1807 |
particular abuse of market power has been mitigated. | 1808 |
(F) An electric utility, electric services company, electric | 1809 |
cooperative, or governmental aggregator subject to certification | 1810 |
under
section 4928.08 of the Revised Code shall provide the | 1811 |
commission with such information, regarding a competitive retail | 1812 |
electric
service for which it is subject to certification, as the | 1813 |
commission considers
necessary to
carry out this chapter. An | 1814 |
electric utility
shall provide the commission with such | 1815 |
information as the commission
considers necessary to carry out | 1816 |
divisions (B) to (E) of
this section. The commission shall take | 1817 |
such measures as it considers
necessary to protect the | 1818 |
confidentiality of any such
information. | 1819 |
The commission shall require each electric utility
to file | 1820 |
with the
commission on and after the starting date of competitive | 1821 |
retail electric
service an annual report of its intrastate gross | 1822 |
receipts and
sales of kilowatt hours of electricity, and shall | 1823 |
require each
electric services company, electric cooperative, and | 1824 |
governmental aggregator
subject to
certification to file an annual | 1825 |
report on and after that starting date of such
receipts and sales | 1826 |
from the provision of those retail electric services for which it | 1827 |
is subject to certification. For the purpose of the reports,
sales | 1828 |
of kilowatt hours of electricity are deemed to occur at the meter | 1829 |
of the retail customer. | 1830 |
Sec. 4928.111. An electric distribution utility for which a | 1831 |
standard service offer consisting of an electric security plan | 1832 |
under section 4928.14 of the Revised Code has been approved by the | 1833 |
public utilities commission shall file with the commission a | 1834 |
long-term energy delivery infrastructure modernization plan or any | 1835 |
plan providing for the utility's recovery of costs and a just and | 1836 |
reasonable rate of return on such infrastructure modernization. A | 1837 |
plan shall specify the initiatives the utility shall take to | 1838 |
improve electric service reliability by rebuilding, upgrading, or | 1839 |
replacing the utility's distribution system. The plan shall be | 1840 |
filed under an application under section 4909.18 of the Revised | 1841 |
Code. | 1842 |
(1) The commission shall make joint investigations, hold | 1897 |
joint
hearings, within or outside this state, and issue joint or | 1898 |
concurrent
orders in conjunction or concurrence with any official | 1899 |
or agency of any
state or of the United States, whether in the | 1900 |
holding of
those
investigations or hearings, or in the making of | 1901 |
those orders, the
commission is functioning under agreements or | 1902 |
compacts between
states, under the concurrent power of states to | 1903 |
regulate
interstate commerce, as an agency of the United States, | 1904 |
or
otherwise. | 1905 |
(E) If a qualifying transmission entity
is not operational as | 1910 |
contemplated in division (A) of this section,
division (A)(13) of | 1911 |
section 4928.34 of the Revised Code, or division (G) of
section | 1912 |
4928.35 of the Revised Code, the commission by rule or
order shall | 1913 |
take such measures or impose such requirements on all for-profit | 1914 |
entities that own or control electric transmission facilities | 1915 |
located in this state as the commission determines necessary and | 1916 |
proper to achieve independent, nondiscriminatory operation of, and | 1917 |
separate ownership and control of, such electric transmission | 1918 |
facilities on or after the starting date of competitive retail | 1919 |
electric
service. | 1920 |
(B) After that market development period, each electric | 1930 |
distribution utility also shall offer customers within its | 1931 |
certified territory an option to purchase competitive retail | 1932 |
electric service the price of which is determined through a | 1933 |
competitive bidding process. Prior to January 1, 2004, the | 1934 |
commission shall adopt rules concerning the conduct of the | 1935 |
competitive bidding process, including the information | 1936 |
requirements necessary for customers to choose this option and the | 1937 |
requirements to evaluate qualified bidders. The commission may | 1938 |
require that the competitive bidding process be reviewed by an | 1939 |
independent third party. No generation supplier shall be | 1940 |
prohibited from participating in the bidding process, provided | 1941 |
that any winning bidder shall be considered a certified supplier | 1942 |
for purposes of obligations to customers. At the election of the | 1943 |
electric distribution utility, and approval of the commission, the | 1944 |
competitive bidding option under this division may be used as the | 1945 |
market-based standard offer required by division (A) of this | 1946 |
section. The commission may determine at any time that a | 1947 |
competitive bidding process is not required, if other means to | 1948 |
accomplish generally the same option for customers is readily | 1949 |
available in the market and a reasonable means for customer | 1950 |
participation is developed. | 1951 |
(C) For the purpose of complying with division (A) of this | 1979 |
section, beginning on the effective date of the amendment of this | 1980 |
section by S.B. 221 of the 127th general assembly and pursuant to | 1981 |
filing requirements the commission shall prescribe by rule, a | 1982 |
utility may file an application for commission approval of a | 1983 |
modified standard service offer. Upon that filing, the commission | 1984 |
shall set the date and time for hearing, send written notice of | 1985 |
the hearing to the utility, and publish notice of the hearing one | 1986 |
time in a newspaper of general circulation in each county in the | 1987 |
service area affected by the application. | 1988 |
(D)(1) Subject to division (D) of this section, a standard | 1989 |
service offer proposed under division (C) of this section, and | 1990 |
herein designated an electric security plan, shall adjust a | 1991 |
utility's standard service offer relative to changes in one or | 1992 |
more costs incurred by the utility to serve jurisdictional load in | 1993 |
this state and specified in the application. An adjustment for a | 1994 |
change in a capitalized cost shall also include a just and | 1995 |
reasonable
return on that cost. The amount of any adjustment | 1996 |
under division
(D) of this section shall be offset by any | 1997 |
decrease in costs, excluding reductions in amoritization relating | 1998 |
to costs recovered through a regulatory transition charge | 1999 |
authorized by the commission as of February 1, 2008, and
by any | 2000 |
change in kilowatt-hours sold that are
associated with serving | 2001 |
jurisdictional load in this state. Costs,
as determined by the | 2002 |
commission, may include, but are not limited
to, any of the | 2003 |
following: | 2004 |
(c) The cost of construction of one or more new, specified | 2010 |
generating facilities that, superseding Chapter 4906. of the | 2011 |
Revised Code, the commission determines and certificates the need | 2012 |
for as to the standard service offer on the basis of resource | 2013 |
planning projections developed in accordance with policies and | 2014 |
procedures the commission shall prescribe by rule; or the cost, | 2015 |
in
excess of two hundred fifty million dollars, of construction | 2016 |
of an
environmental retrofit to a specified, then-existing | 2017 |
generating
facility. A price adjustment for such a new facility | 2018 |
or
environmental retrofit shall be consistent with section | 2019 |
4909.15 of
the Revised Code and consistent with section 4909.18 | 2020 |
of the
Revised Code as applicable; and, subject to such terms and | 2021 |
conditions as the commission prescribes in an order issued under | 2022 |
division (D)(6) of this section, shall be for the actual life of | 2023 |
the facility. | 2024 |
In the case of an advanced energy technology or facility | 2041 |
under section 4928.142 of the Revised Code, the costs of which are | 2042 |
included in a standard service offer as authorized under this | 2043 |
division, the portion of the standard service offer price | 2044 |
attributable to those costs shall be bypassable by a consumer that | 2045 |
has exercised choice of supplier under section 4928.03 of the | 2046 |
Revised Code, but bypassable only to the extent the commission | 2047 |
determines that the advanced energy technology or facilities | 2048 |
implemented by that supplier are comparable to that implemented by | 2049 |
the utility, under section 4928.142 of the Revised Code as of the | 2050 |
issuance of an order under division (D)(6) of this section, for | 2051 |
the purpose of the utility's compliance with division (A) of | 2052 |
section 4928.142 of the Revised Code. | 2053 |
(b) If a utility continues to provide its standard service | 2059 |
offer pursuant to an electric security plan, for any later such | 2060 |
application by the utility, the baseline measure shall be the | 2061 |
cost, and the associated kilowatt-hours sold, as determined under | 2062 |
the utility's then-existing approved plan. With regard to a | 2063 |
generating facility under division (D)(1)(c) of this section, | 2064 |
associated decreases in cost and changes in kilowatt-hours sold | 2065 |
shall include, but are not limited to, retirement of all or part | 2066 |
of any other generating facility, the cost of which had been | 2067 |
included in the utility's rate base prior to the effective date of | 2068 |
the amendment of this section by Sub. S.B. 221 of the 127th | 2069 |
general assembly or was included under division (D)(1)(c) or (e) | 2070 |
of this section. | 2071 |
(H) The failure of a
supplier to provide retail electric | 2163 |
generation service to
customers within the certified territory of | 2164 |
the electric
distribution utility shall result in the supplier's | 2165 |
customers,
after reasonable notice, defaulting to the utility's | 2166 |
standard
service offer filed under division (A) of this section | 2167 |
until the
customer chooses an alternative supplier. A supplier is | 2168 |
deemed under this
division to have failed to
provide such service | 2169 |
if the commission finds, after reasonable notice and
opportunity | 2170 |
for hearing, that any of the following conditions are met: | 2171 |
Sec. 4928.141. During a proceeding under section 4928.14 of | 2187 |
the Revised Code and upon submission of an appropriate discovery | 2188 |
request, an electric distribution utility shall make available to | 2189 |
the requesting party every contract or agreement that is between | 2190 |
the utility or any of its affiliates and a party to the | 2191 |
proceeding, consumer, electric services company, or political | 2192 |
subdivision and that is relevant to the proceeding, subject to | 2193 |
such protection for proprietary or confidential information as is | 2194 |
determined appropriate by the public utilities commission. | 2195 |
Sec. 4928.142. (A) Subject to division (B) of this section, | 2196 |
an electric distribution utility by the end of 2025 shall provide | 2197 |
a portion of the electricity supply required for its standard | 2198 |
service offer under section 4928.14 of the Revised Code from | 2199 |
advanced energy. That portion shall equal twenty-five per cent of | 2200 |
the total number of kilowatt-hours of electricity supplied by the | 2201 |
utility to any and all electric consumers whose electric load | 2202 |
centers are located within the utility's certified territory. | 2203 |
However, subject to division (B) of this section, nothing in this | 2204 |
section precludes a utility from providing a greater percentage. | 2205 |
The advanced energy supply shall be consistent with the following | 2206 |
requirements: | 2207 |
(C)(1) The commission annually shall submit to the general | 2244 |
assembly in accordance with section 101.68 of the Revised Code a | 2245 |
report describing the compliance of electric distribution | 2246 |
utilities with divisions (A) and (B) of this section and any | 2247 |
interim goals or strategy for utility compliance with those | 2248 |
divisions or for encouraging the use of advanced energy in | 2249 |
supplying this state's electricity needs in a manner that | 2250 |
considers available technology, costs, job creation, and economic | 2251 |
impacts. The commission shall allow and consider public comments | 2252 |
on the report prior to its submission to the general assembly. | 2253 |
Nothing in the report shall be binding on any person, including | 2254 |
any utility for the purpose of its compliance with division (A) of | 2255 |
this section, or the enforcement of that provision under division | 2256 |
(B) of this section. | 2257 |
Sec. 4928.15. (A) Except as otherwise provided in sections | 2264 |
4928.31 to 4928.40 of the Revised Code, noNo electric utility | 2265 |
shall
supply noncompetitive retail electric distribution service | 2266 |
in this state
on or after the starting date of competitive retail | 2267 |
electric service
except pursuant to a schedule for that service | 2268 |
that is consistent
with the state policy specified in section | 2269 |
4928.02 of the Revised Code and
filed with the
public utilities | 2270 |
commission under section 4909.18 of the Revised Code. The
schedule | 2271 |
shall provide that electric distribution service under
the | 2272 |
schedule is available to all consumers within the utility's | 2273 |
certified territory and to any supplier to those consumers on a | 2274 |
nondiscriminatory and comparable basis. Distribution service
rates | 2275 |
and charges under the schedule shall be established in
accordance | 2276 |
with Chapters 4905. and 4909. of the Revised
Code. The
schedule | 2277 |
shall include an obligation to build distribution facilities when | 2278 |
necessary to provide
adequate distribution service, provided that | 2279 |
a customer requesting that
service may be required
to pay all or | 2280 |
part of the reasonable incremental cost of the new
facilities, in | 2281 |
accordance with rules, policy, precedents, or
orders of the | 2282 |
commission. | 2283 |
(B) Except as otherwise provided in sections 4928.31 to | 2284 |
4928.40
of the Revised Code and except as preempted by federal | 2285 |
law, no
electric utility shall supply the transmission service or | 2286 |
ancillary service
component of noncompetitive retail electric | 2287 |
service in this
state on or after the starting date of competitive | 2288 |
retail electric
service except pursuant to a schedule for that | 2289 |
service component
that is consistent with the state policy | 2290 |
specified in section
4928.02 of the Revised Code and filed with | 2291 |
the commission under
section 4909.18 of the Revised Code. The | 2292 |
schedule shall provide
that transmission or ancillary service | 2293 |
under the schedule is available to all
consumers and to any | 2294 |
supplier to those consumers on a
nondiscriminatory and comparable | 2295 |
basis. Service rates and charges
under the schedule shall be | 2296 |
established in accordance with
Chapters 4905. and 4909. of the | 2297 |
Revised Code. | 2298 |
(2) The commission also has jurisdiction under section | 2311 |
4905.26 of
the Revised Code, upon complaint of any person or upon | 2312 |
complaint
or initiative of the commission on or after the starting | 2313 |
date of competitive
retail electric service, to determine whether | 2314 |
an electric
utility has violated or failed to comply with any | 2315 |
provision of
sections 4928.01 to 4928.15, any provision of | 2316 |
divisions (A) to
(D) of section 4928.35 of the Revised Code, or | 2317 |
any rule or order adopted or
issued under
those sections; or | 2318 |
whether an electric services company, electric cooperative,
or | 2319 |
governmental aggregator subject to certification
under section | 2320 |
4928.08 of the Revised Code has violated or
failed to comply with | 2321 |
any provision of sections 4928.01 to 4928.10 of the
Revised Code | 2322 |
regarding a competitive retail electric service
for which it is | 2323 |
subject to certification or any rule or order adopted or
issued | 2324 |
under those sections. | 2325 |
(2) Order any remedy or forfeiture provided under sections | 2351 |
4905.54 to 4905.60 and 4905.64 of the Revised Code upon a
finding | 2352 |
under division (A)(2) of this section that the electric utility | 2353 |
has violated or failed to comply with any provision of sections | 2354 |
4928.01 to
4928.15, any provision of divisions (A) to (D) of | 2355 |
section
4928.35 of the Revised Code, or
any rule or order
adopted | 2356 |
or issued under those sections. in addition, the commission may | 2357 |
order any remedy provided under section 4905.22, 4905.37, or | 2358 |
4905.38 of the
Revised Code if
the violation or failure to comply | 2359 |
by
an electric utility related to the provision of a | 2360 |
noncompetitive
retail electric service. | 2361 |
(3) Order any remedy or forfeiture provided under sections | 2362 |
4905.54
to 4905.60 and 4905.64 of the Revised Code upon a finding | 2363 |
under
division (A)(2) of this section that the electric services | 2364 |
company, electric cooperative, or governmental aggregator subject | 2365 |
to
certification under section
4928.08 of the Revised Code has | 2366 |
violated or failed to comply,
regarding a competitive retail | 2367 |
electric service for which it is subject to
certification, with | 2368 |
any provision of sections 4928.01 to 4928.10 of the Revised
Code | 2369 |
or any rule or order adopted or issued under those sections. | 2370 |
Sec. 4928.17. (A) Except as otherwise provided in sections | 2391 |
4928.31 to 4928.40section 4928.14 of the Revised Code and | 2392 |
beginning
on the
starting date of competitive retail electric | 2393 |
service, no
electric
utility
shall engage in this state, either | 2394 |
directly or
through an
affiliate, in the
businesses of supplying | 2395 |
a
noncompetitive retail
electric service
and supplying a | 2396 |
competitive retail electric
service, or in the
businesses of | 2397 |
supplying a noncompetitive retail
electric service
and supplying | 2398 |
a product or service other than
retail electric
service, unless | 2399 |
the utility implements and
operates under a
corporate separation | 2400 |
plan that is approved by the
public utilities
commission under | 2401 |
this section, is consistent with
the policy
specified in section | 2402 |
4928.02 of the Revised Code, and
achieves all of the following: | 2403 |
(3) The plan is sufficient to ensure that the utility will | 2415 |
not
extend any undue preference or advantage to any affiliate, | 2416 |
division, or
part of its own business engaged in the business of | 2417 |
supplying the
competitive retail electric service or nonelectric | 2418 |
product or service,
including, but not limited to, utility | 2419 |
resources such as trucks, tools, office
equipment, office space, | 2420 |
supplies, customer and marketing information,
advertising, billing | 2421 |
and mailing systems, personnel, and training, without
compensation | 2422 |
based upon fully loaded embedded costs charged to the affiliate; | 2423 |
and to
ensure that any such affiliate, division, or part will not | 2424 |
receive undue preference or advantage from any affiliate, | 2425 |
division, or part of the business engaged in business of supplying | 2426 |
the noncompetitive retail electric service. No such utility, | 2427 |
affiliate, division, or part shall extend such undue preference. | 2428 |
Notwithstanding any other division of this section, a utility's | 2429 |
obligation
under division (A)(3) of this section shall be | 2430 |
effective
January 1, 2000. | 2431 |
(B) The commission may approve, modify and approve, or | 2432 |
disapprove
a corporate separation plan filed with the commission | 2433 |
under division
(A) of this section. As part of the code of conduct | 2434 |
required under
division (A)(1) of this section, the commission | 2435 |
shall adopt rules
pursuant to division (A) of section 4928.06 of | 2436 |
the Revised Code
regarding corporate separation and procedures for | 2437 |
plan filing and approval.
The rules shall include limitations on | 2438 |
affiliate practices solely for the
purpose of
maintaining a | 2439 |
separation of the affiliate's business from the
business of the | 2440 |
utility to prevent unfair competitive
advantage by virtue of that | 2441 |
relationship. The rules also shall
include an opportunity for any | 2442 |
person having a real and substantial interest
in the corporate | 2443 |
separation plan to file specific objections to the plan and | 2444 |
propose specific
responses to issues
raised in the objections, | 2445 |
which objections and responses the
commission shall address in its | 2446 |
final order. Prior to commission
approval of the plan, the | 2447 |
commission shall afford a hearing upon
those aspects of the plan | 2448 |
that the commission determines
reasonably require a hearing. The | 2449 |
commission may reject and
require refiling of a substantially | 2450 |
inadequate plan under this
section. | 2451 |
(C) The commission shall issue an order approving or | 2452 |
modifying
and approving a corporate separation plan under this | 2453 |
section, to be effective
on the date specified in the
order, only | 2454 |
upon findings that the plan reasonably complies with
the | 2455 |
requirements of division (A) of this section and will provide
for | 2456 |
ongoing compliance with the policy specified in section 4928.02 of | 2457 |
the
Revised Code. However, for good cause shown, the commission | 2458 |
may issue an
order approving or modifying and approving a | 2459 |
corporate separation plan under
this section that does not comply | 2460 |
with division (A)(1) of this section but
complies with such | 2461 |
functional separation requirements as the commission
authorizes to | 2462 |
apply for an interim period prescribed in the order, upon a | 2463 |
finding that such alternative plan will provide for ongoing | 2464 |
compliance with
the policy specified in section 4928.02 of the | 2465 |
Revised Code. | 2466 |
(B) The commission has jurisdiction under section 4905.26 of | 2487 |
the
Revised Code, upon complaint of any person or upon complaint | 2488 |
or
initiative of the commission on or after the starting date of | 2489 |
competitive
retail electric service, to determine whether an | 2490 |
electric utility or its
affiliate has violated any provision of | 2491 |
section 4928.17 of the Revised Code or
an order
issued or rule | 2492 |
adopted under that
section. For this purpose, the commission may | 2493 |
examine such books, accounts,
or other records kept by an electric | 2494 |
utility or its
affiliate as may relate to the businesses for which | 2495 |
corporate
separation is required under section 4928.17 of the | 2496 |
Revised Code,
and may investigate such utility or affiliate | 2497 |
operations as may relate to
those businesses and investigate the | 2498 |
interrelationship of
those operations. Any such examination or | 2499 |
investigation by the
commission shall be governed by Chapter 4903. | 2500 |
of the
Revised Code. | 2501 |
Sec. 4928.20. (A) The legislative authority of a
municipal | 2539 |
corporation may adopt an ordinance, or the board of township | 2540 |
trustees of a township or the board of county commissioners of a | 2541 |
county may adopt a resolution, under which, on or after the | 2542 |
starting
date of competitive retail electric service, it may | 2543 |
aggregate in
accordance with this section the retail electrical | 2544 |
loads located,
respectively, within the municipal corporation, | 2545 |
township, or
unincorporated area of the county and, for that | 2546 |
purpose, may enter
into service agreements to facilitate for those | 2547 |
loads the sale and
purchase of electricity. The legislative | 2548 |
authority or board also
may exercise such authority jointly with | 2549 |
any other such
legislative authority or board. For customers that | 2550 |
are not mercantile commercial customers, an ordinance or | 2551 |
resolution under
this division shall specify whether the | 2552 |
aggregation will occur
only with the prior, affirmative consent of | 2553 |
each person owning, occupying,
controlling, or using an electric | 2554 |
load center proposed to be
aggregated or will occur automatically | 2555 |
for all such persons
pursuant to the opt-out requirements of | 2556 |
division (D) of this
section. The aggregation of mercantile | 2557 |
commercial customers shall occur only with the prior, affirmative | 2558 |
consent of each such person owning, occupying, controlling, or | 2559 |
using an electric load center proposed to be aggregated. Nothing | 2560 |
in this division, however, authorizes the aggregation of
the | 2561 |
retail electric
loads of an electric load center, as defined in | 2562 |
section 4933.81 of the Revised
Code, that is
located in the | 2563 |
certified territory of
a nonprofit electric supplier under | 2564 |
sections 4933.81 to 4933.90 of the Revised
Code or an
electric | 2565 |
load center served by
transmission or distribution facilities of a | 2566 |
municipal electric utility. | 2567 |
(B) If an ordinance or resolution adopted under division (A) | 2568 |
of
this section specifies that aggregation of customers that are | 2569 |
not mercantile commercial customers will occur automatically
as | 2570 |
described in that division, the ordinance or resolution shall | 2571 |
direct the
board of elections to submit the question of the | 2572 |
authority to aggregate to the electors of the respective municipal | 2573 |
corporation, township, or unincorporated area of a county at a | 2574 |
special election on the day of the next primary or general | 2575 |
election in the municipal corporation, township, or county. The | 2576 |
legislative authority or board shall certify a copy of the | 2577 |
ordinance or resolution to the board of elections not less than | 2578 |
seventy-five days before the day of the special election. No | 2579 |
ordinance or resolution adopted under division (A) of this section | 2580 |
that provides for an election under this division shall take | 2581 |
effect unless approved by a majority
of the electors voting upon | 2582 |
the ordinance or resolution at the election held
pursuant to this | 2583 |
division. | 2584 |
(C) Upon the applicable requisite authority under divisions | 2585 |
(A)
and (B) of this section, the legislative authority or board | 2586 |
shall
develop a plan of operation and governance for the | 2587 |
aggregation
program so authorized. Before adopting a plan under | 2588 |
this
division, the legislative authority or board shall hold at | 2589 |
least
two public hearings on the plan. Before the first hearing, | 2590 |
the
legislative authority or board shall publish notice of the | 2591 |
hearings once a week for two consecutive weeks in a newspaper of | 2592 |
general circulation in the jurisdiction. The notice shall | 2593 |
summarize the plan and state the date, time, and location of each | 2594 |
hearing. | 2595 |
(D) No legislative authority or board, pursuant to an | 2596 |
ordinance or
resolution under divisions (A) and (B) of this | 2597 |
section that
provides for automatic aggregation of customers that | 2598 |
are not mercantile commercial customers as described in division | 2599 |
(A) of
this section, shall aggregate the electrical load of any | 2600 |
electric load center
located within its
jurisdiction unless it in | 2601 |
advance clearly discloses to the person owning,
occupying, | 2602 |
controlling,
or using the load center that the person will be | 2603 |
enrolled
automatically in the aggregation program and will remain | 2604 |
so
enrolled unless the person affirmatively elects by a stated | 2605 |
procedure not to be so enrolled. The disclosure shall state | 2606 |
prominently the rates, charges, and other terms and conditions of | 2607 |
enrollment. The stated procedure shall allow any person enrolled | 2608 |
in the
aggregation program the opportunity to opt out of the | 2609 |
program up to every twofour years,
without paying a switching | 2610 |
fee. Any such
person that opts out of the
aggregation
program | 2611 |
pursuant to the
stated procedure shall default to the
standard | 2612 |
service offer
provided under division (A) of section
4928.14 or | 2613 |
division (D) of
section 4928.35 of the Revised Code
until the | 2614 |
person chooses an
alternative supplier. | 2615 |
Sec. 4928.64. The public utilities commission shall adopt | 2677 |
rules to establish energy efficiency standards applicable to | 2678 |
electric distribution utilities such that, by 2025, any such | 2679 |
utility shall implement energy efficiency measures that will | 2680 |
result in not less than twenty-five per cent of actual growth in | 2681 |
electric load and not less than ten per cent of total peak demand | 2682 |
being achieved through those measures. The rules shall include a | 2683 |
requirement that an electric distribution utility provide a | 2684 |
customer upon request with two years' consumption data in an | 2685 |
accessible form. Additionally, the rules may provide for | 2686 |
decoupling. | 2687 |
Sec. 4928.68. The public utilities commission shall employ a | 2688 |
federal energy advocate to monitor the activities of the federal | 2689 |
energy regulatory commission and other federal agencies and | 2690 |
advocate on behalf of the interests of retail electric service | 2691 |
consumers in this state. The attorney general shall represent the | 2692 |
advocate before the federal energy regulatory commission and other | 2693 |
federal agencies. Among other duties assigned to the advocate by | 2694 |
the commission, the advocate shall examine the value of the | 2695 |
participation of this state's electric utilities in regional | 2696 |
transmission organizations and submit a report to the public | 2697 |
utilities commission on whether continued participation of those | 2698 |
utilities is in the interest of those consumers. | 2699 |
Section 2. That existing sections 122.41, 122.451, 3706.01, | 2707 |
3706.02, 3706.03, 3706.04, 3706.041, 3706.05, 3706.06, 3706.07, | 2708 |
3706.08, 3706.09, 3706.10, 3706.11, 3706.12, 3706.13, 3706.14, | 2709 |
3706.15, 3706.16, 3706.17, 3706.18, 4905.31, 4905.40, 4909.161, | 2710 |
4928.01, 4928.02,
4928.05, 4928.06, 4928.12, 4928.14, 4928.15, | 2711 |
4928.16, 4928.17, 4928.18, 4928.20, and 4928.21 and sections | 2712 |
4928.31, 4928.32, 4928.33, 4928.34, 4928.35, 4928.36, 4928.37, | 2713 |
4928.38, 4928.39, 4928.40, 4928.41, 4928.42, 4928.431, and 4928.44 | 2714 |
of the Revised
Code are
hereby
repealed. | 2715 |