Sec. 4928.58. (A) There is hereby created the public | 9 |
benefits advisory board, which has the purpose of ensuring that | 10 |
energy services be provided to low-income consumers in this state | 11 |
in an affordable manner consistent with the policy specified in | 12 |
section 4928.02 of the Revised Code. The advisory board shall | 13 |
consist of twenty-one members as follows: the director of | 14 |
development, the chairperson of the public utilities commission, | 15 |
the consumers' counsel, and the director of the air quality | 16 |
development authority, each serving ex officio and represented by | 17 |
a designee at the official's discretion; two members of the house | 18 |
of representatives appointed by the speaker of the house of | 19 |
representatives, neither of the same political party, and two | 20 |
members of the senate appointed by the president of the senate, | 21 |
neither of the same political party; and thirteen members | 22 |
appointed by the governor with the advice and consent of the | 23 |
senate, consisting of one representative of suppliers of | 24 |
competitive retail electric service; one representative of the | 25 |
residential class of electric utility customers; one | 26 |
representative of the industrial class of electric utility | 27 |
customers; one representative of the commercial class of electric | 28 |
utility customers; one representative of agricultural or rural | 29 |
customers of an electric utility; two customers receiving | 30 |
assistance under one or more of the low-income customer assistance | 31 |
programs, to represent customers eligible for any such assistance, | 32 |
including senior citizens; one representative of the general | 33 |
public; one representative of local intake agencies; one | 34 |
representative of a community-based organization serving | 35 |
low-income customers; one representative of environmental | 36 |
protection interests; one representative of lending institutions; | 37 |
and one person considered an expert in energy efficiency or | 38 |
renewables technology. Initial appointments shall be made not | 39 |
later than November 1, 1999. | 40 |
(B) Initial terms of six of the appointed members shall end | 41 |
on June 30, 2003, and initial terms of the remaining seven | 42 |
appointed members shall end on June 30, 2004. Thereafter, terms of | 43 |
appointed members shall be for three years, with each term ending | 44 |
on the same day of the same month as the term it succeeds. Each | 45 |
member shall hold office from the date of the member's appointment | 46 |
until the end of the term for which the member was appointed. | 47 |
Members may be reappointed. | 48 |
Vacancies shall be filled in the manner provided for original | 49 |
appointments. Any member appointed to fill a vacancy occurring | 50 |
prior to the expiration date of the term for which the member's | 51 |
predecessor was appointed shall hold office as a member for the | 52 |
remainder of that term. A member shall continue in office after | 53 |
the expiration date of the member's term until the member's | 54 |
successor takes office or until a period of sixty days has | 55 |
elapsed, whichever occurs first. | 56 |
(C) Board members shall be reimbursed for their actual and | 57 |
necessary expenses incurred in the performance of board duties. | 58 |
The reimbursements constitute, as applicable, administrative costs | 59 |
of the low-income customer assistance programs for the purpose of | 60 |
division (A) of section 4928.51 of the Revised Code or | 61 |
administrative costs of the advanced energy program for the | 62 |
purpose of division (A) of section 4528.61 of the Revised Code. | 63 |
Sec. 4928.61. (A) There is hereby established in the state | 83 |
treasury the advanced energy fund, into which shall be deposited | 84 |
all advanced energy revenues remitted to the director of | 85 |
development under division (B) of this section, for the exclusive | 86 |
purposes of funding the advanced energy program created under | 87 |
section 4928.62 of the Revised Code and paying the program's | 88 |
administrative costs. Interest on the fund shall be credited to | 89 |
the fund. | 90 |
(1) Revenues remitted to the director after collection by | 93 |
each electric distribution utility in this state of a temporary | 94 |
rider on retail electric distribution service rates as such rates | 95 |
are determined by the public utilities commission pursuant to this | 96 |
chapter. The rider shall be a uniform amount statewide, determined | 97 |
by the director of development, after consultation with the public | 98 |
benefits advisory board created by section 4928.58 of the Revised | 99 |
Code. The amount shall be determined by dividing an aggregate | 100 |
revenue target for a given year as determined by the director, | 101 |
after consultation with the advisory board, by the number of | 102 |
customers of electric distribution utilities in this state in the | 103 |
prior year. Such aggregate revenue target shall not exceed more | 104 |
than fifteen million dollars in any year through 2005 and shall | 105 |
not exceed more than five million dollars in any year after 2005. | 106 |
The rider shall be imposed beginning on the effective date of the | 107 |
amendment of this section by Sub. H.B. 251 of the 126th general | 108 |
assembly, January 4, 2007, and shall terminate at the end of ten | 109 |
thirteen years following the starting date of competitive retail | 110 |
electric service or until the advanced energy fund, including | 111 |
interest, reaches one hundred million dollars, whichever is first. | 112 |
(2) Each participating electric cooperative and participating | 130 |
municipal electric utility shall remit to the director on a | 131 |
quarterly basis the revenues described in division (B)(3) of this | 132 |
section. Such remittances shall occur within thirty days after the | 133 |
end of each calendar quarter. For the purpose of division (B)(3) | 134 |
of this section, the participation of an electric cooperative or | 135 |
municipal electric utility in the energy efficiency revolving loan | 136 |
program as it existed immediately prior to the effective date of | 137 |
the amendment of this section by Sub. H.B. 251 of the 126th | 138 |
general assembly, January 4, 2007, does not constitute a decision | 139 |
to participate in the advanced energy fund under this section as | 140 |
so amended. | 141 |
(D) Any moneys collected in rates for non-low-income customer | 147 |
energy efficiency programs, as of October 5, 1999, and not | 148 |
contributed to the energy efficiency revolving loan fund | 149 |
authorized under this section prior to the effective date of its | 150 |
amendment by Sub. H.B. 251 of the 126th general assembly, January | 151 |
4, 2007, shall be used to continue to fund cost-effective, | 152 |
residential energy efficiency programs, be contributed into the | 153 |
universal service fund as a supplement to that required under | 154 |
section 4928.53 of the Revised Code, or be returned to ratepayers | 155 |
in the form of a rate reduction at the option of the affected | 156 |
electric distribution utility. | 157 |
Sec. 4928.62. (A) There is hereby created the advanced | 158 |
energy program, which shall be administered by the director of | 159 |
development. Under the program, the director may authorize the use | 160 |
of moneys in the advanced energy fund for financial, technical, | 161 |
and related assistance for advanced energy projects in this state | 162 |
or for economic development assistance, in furtherance of the | 163 |
purposes set forth in section 4928.63 of the Revised Code. To the | 164 |
extent feasible given approved applications for assistance, the | 165 |
assistance shall be distributed among the certified territories of | 166 |
electric distribution utilities and participating electric | 167 |
cooperatives, and among the service areas of participating | 168 |
municipal electric utilities, in amounts proportionate to the | 169 |
remittances of each utility and cooperative under divisions (B)(1) | 170 |
and (3) of section 4928.61 of the Revised Code. | 171 |
(4) Employ or enter into contracts with financial | 197 |
consultants, marketing consultants, consulting engineers, | 198 |
architects, managers, construction experts, attorneys, technical | 199 |
monitors, energy evaluators, or other employees or agents as the | 200 |
director considers necessary, and fix their compensation; | 201 |
(5) Adopt rules prescribing the application procedures for | 202 |
financial assistance under the advanced energy program; the terms | 203 |
and conditions of any grants, contracts, loans, loan participation | 204 |
agreements, linked deposits, and energy production incentives; | 205 |
criteria pertaining to the eligibility of participating lending | 206 |
institutions; and any other matters necessary for the | 207 |
implementation of the program; | 208 |
(C) The department of development may hold ownership to any | 211 |
unclaimed energy efficiency and renewable energy emission | 212 |
allowances provided for in Chapter 3745-14 of the Administrative | 213 |
Code or otherwise, that result from advanced energy projects that | 214 |
receive funding from the advanced energy fund, and it may use the | 215 |
allowances to further the public interest in advanced energy | 216 |
projects or for economic development. | 217 |
(D) Financial statements, financial data, and trade secrets | 218 |
submitted to or received by the director from an applicant or | 219 |
recipient of financial assistance under sections 4928.61 to | 220 |
4928.63 of the Revised Code, or any information taken from those | 221 |
statements, data, or trade secrets for any purpose, are not public | 222 |
records for the purpose of section 149.43 of the Revised Code. | 223 |
(E) Nothing in the amendments of sections 4928.61, 4928.62, | 224 |
and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th | 225 |
general assembly shall affect any pending or effected assistance, | 226 |
pending or effected purchases or exchanges of property made, or | 227 |
pending or effected contracts or agreements entered into pursuant | 228 |
to division (A) or (B) of this section as the section existed | 229 |
prior to the effective date of those amendments, January 4, 2007, | 230 |
or shall affect the exemption provided under division (C) of this | 231 |
section as the section existed prior to that effective date. | 232 |