As Introduced

128th General Assembly
Regular Session
2009-2010
H. B. No. 301


Representative Foley 

Cosponsors: Representatives Celeste, Skindell, Hagan, Stewart, Letson, Murray, Harris, Pryor, Yuko, Domenick, Ujvagi, Yates, Harwood, Winburn, Williams, S. 

A BILL
To amend section 4928.61 and to enact section 1
4928.622 of the Revised Code to replace the 2
current Advanced Energy Fund revenue rider on 3
retail electric distribution service rates with a 4
new rider that will terminate on January 1, 2025 5
and to permit aerospace institutes to receive 6
Advanced Energy Fund money for advanced energy 7
projects and economic development. 8


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

       Section 1. That section 4928.61 be amended and section 9
4928.622 of the Revised Code be enacted to read as follows:10

       Sec. 4928.61.  (A) There is hereby established in the state11
treasury the advanced energy fund, into which shall be deposited 12
all advanced energy revenues remitted to the director of 13
development under division (B) of this section, for the exclusive 14
purposes of funding the advanced energy program created under15
section 4928.62 of the Revised Code and paying the program's16
administrative costs. Interest on the fund shall be credited to 17
the fund.18

       (B) Advanced energy revenues shall include all of the19
following:20

       (1) Revenues remitted to the director after collection by 21
each electric distribution utility in this state of a temporary 22
rider on retail electric distribution service rates as such rates 23
are determined by the public utilities commission pursuant to this24
chapter. The rider shall be a uniform amount statewide, determined 25
by the director of development, after consultation with the public 26
benefits advisory board created by section 4928.58 of the Revised 27
Code. The amount shall be determined by dividing an aggregate 28
revenue target for a given year as determined by the director, 29
after consultation with the advisory board, by the number of 30
customers of electric distribution utilities in this state in the 31
prior year. Such aggregate revenue target shall not exceed more32
than fifteen million dollars in any year through 2005 and shall 33
not exceed more than five million dollars in any year after 200534
imposed on residential, commercial, and industrial customers as 35
defined by rules adopted by the public utilities commission. The 36
amount of the rider shall be as follows:37

       (a) One dollar per month for residential customers;38

       (b) Ten dollars per month for commercial customers;39

       (c) Fifty dollars per month for industrial customers. The 40
rider shall be imposed beginning on the effective date of thethis41
amendment of this section by Sub. H.B. 251 of the 126th general 42
assembly, January 4, 2007, and shall terminate at the end of ten43
years following the starting date of competitive retail electric 44
service or until the advanced energy fund, including interest, 45
reaches one hundred million dollars, whichever is firston January 46
1, 2025.47

       (2) Revenues from payments, repayments, and collections 48
under the advanced energy program and from program income;49

       (3) Revenues remitted to the director after collection by a 50
municipal electric utility or electric cooperative in this state 51
upon the utility's or cooperative's decision to participate in the 52
advanced energy fund;53

        (4) Revenues from renewable energy compliance payments as 54
provided under division (C)(2) of section 4928.64 of the Revised 55
Code;56

       (5) Revenue from forfeitures under division (C) of section 57
4928.66 of the Revised Code;58

       (6) Interest earnings on the advanced energy fund.59

       (C)(1) Each electric distribution utility in this state shall 60
remit to the director on a quarterly basis the revenues described 61
in divisions (B)(1) and (2) of this section. Such remittances 62
shall occur within thirty days after the end of each calendar 63
quarter.64

       (2) Each participating electric cooperative and participating65
municipal electric utility shall remit to the director on a 66
quarterly basis the revenues described in division (B)(3) of this 67
section. Such remittances shall occur within thirty days after 68
the end of each calendar quarter. For the purpose of division 69
(B)(3) of this section, the participation of an electric 70
cooperative or municipal electric utility in the energy efficiency 71
revolving loan program as it existed immediately prior to the 72
effective date of the amendment of this section by Sub. H.B. 251 73
of the 126th general assembly, January 4, 2007, does not 74
constitute a decision to participate in the advanced energy fund 75
under this section as so amended.76

       (3) AllExcept for remittances from revenues described in 77
division (B)(1) of this section, all remittances under divisions 78
(C)(1) and (2) of this section shall continue only until the end 79
of ten years following the starting date of competitive retail 80
electric service or until the advanced energy fund, including 81
interest, reaches one hundred million dollars, whichever is 82
first. Remittances from revenues described in division (B)(1) of 83
this section shall continue until January 1, 2025.84

       (D) Any moneys collected in rates for non-low-income customer85
energy efficiency programs, as of October 5, 1999, and not 86
contributed to the energy efficiency revolving loan fund 87
authorized under this section prior to the effective date of its 88
amendment by Sub. H.B. 251 of the 126th general assembly, January 89
4, 2007, shall be used to continue to fund cost-effective, 90
residential energy efficiency programs, be contributed into the91
universal service fund as a supplement to that required under 92
section 4928.53 of the Revised Code, or be returned to ratepayers93
in the form of a rate reduction at the option of the affected 94
electric distribution utility.95

       Sec. 4928.622. Any aerospace institute in this state is 96
eligible to receive up to two million five hundred thousand 97
dollars in assistance annually for advanced energy projects and 98
economic development from the director of development pursuant to 99
section 4928.62 of the Revised Code provided that the institute 100
meets the following requirements:101

       (A) Its mission is to develop the state's aerospace economy 102
through research, technology, education, and collaboration;103

       (B) It is exempt from federal income taxation under section 104
501(c)(3) of the "Internal Revenue Code of 1986," as amended;105

       (C) It works in conjunction with the state and with federal 106
research laboratories, private enterprises, and public and private 107
institutions of higher education statewide;108

       (D) It offers its members access to seminars, workshops, and 109
other aerospace education opportunities.110

       Section 2. That existing section 4928.61 of the Revised Code 111
is hereby repealed.112