(A) "Advanced energy project" means any technologies, | 9 |
products, activities, or management practices or strategies that | 10 |
facilitate the generation or use of electricity or energy and that | 11 |
reduce or support the reduction of energy consumption or support | 12 |
the production of clean, renewable energy for industrial, | 13 |
distribution, commercial, institutional, governmental, research, | 14 |
not-for-profit, or residential energy users including, but not | 15 |
limited to, advanced energy resources and renewable energy | 16 |
resources. "Advanced energy project" includes any project | 17 |
described in division (A), (B), or (C) of section 4928.621 of the | 18 |
Revised Code. | 19 |
(5) Advanced solid waste or construction and demolition | 37 |
debris conversion technology, including, but not limited to, | 38 |
advanced stoker technology, and advanced fluidized bed | 39 |
gasification technology, that results in measurable greenhouse gas | 40 |
emissions reductions as calculated pursuant to the United States | 41 |
environmental protection agency's waste reduction model (WARM). | 42 |
(E) "Renewable energy resource" means solar photovoltaic or | 47 |
solar thermal energy, wind energy, power produced by a | 48 |
hydroelectric facility, geothermal energy, fuel derived from solid | 49 |
wastes, as defined in section 3734.01 of the Revised Code, through | 50 |
fractionation, biological decomposition, or other process that | 51 |
does not principally involve combustion, biomass energy, energy | 52 |
produced by cogeneration technology for which more than ninety per | 53 |
cent of the total annual energy input is from a waste or byproduct | 54 |
gas from an air contaminant source in this state, which source has | 55 |
been in operation since on or before January 1, 1985, biologically | 56 |
derived methane gas, or energy derived from nontreated by-products | 57 |
of the pulping process or wood manufacturing process, including | 58 |
bark, wood chips, sawdust, and lignin in spent pulping liquors. | 59 |
"Renewable energy resource" includes, but is not limited to, any | 60 |
fuel cell used in the generation of electricity, including, but | 61 |
not limited to, a proton exchange membrane fuel cell, phosphoric | 62 |
acid fuel cell, molten carbonate fuel cell, or solid oxide fuel | 63 |
cell; wind turbine located in the state's territorial waters of | 64 |
Lake Erie; methane gas emitted from an abandoned coal mine; | 65 |
storage facility that will promote the better utilization of a | 66 |
renewable energy resource that primarily generates off peak; or | 67 |
distributed generation system used by a customer to generate | 68 |
electricity from any such energy. As used in this division, | 69 |
"hydroelectric facility" means a hydroelectric generating facility | 70 |
that is located at a dam on a river, or on any water discharged to | 71 |
a river, that is within or bordering this state or within or | 72 |
bordering an adjoining state and meets all of the following | 73 |
standards: | 74 |
(2) The facility demonstrates that it complies with the water | 79 |
quality standards of this state, which compliance may consist of | 80 |
certification under Section 401 of the "Clean Water Act of 1977," | 81 |
91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates that it has | 82 |
not contributed to a finding by this state that the river has | 83 |
impaired water quality under Section 303(d) of the "Clean Water | 84 |
Act of 1977," 114 Stat. 870, 33 U.S.C. 1313. | 85 |
(7) The facility complies with the terms of its federal | 105 |
energy regulatory commission license or exemption that are related | 106 |
to recreational access, accommodation, and facilities or, if the | 107 |
facility is not regulated by that commission, the facility | 108 |
complies with similar requirements as are recommended by resource | 109 |
agencies, to the extent they have jurisdiction over the facility; | 110 |
and the facility provides access to water to the public without | 111 |
fee or charge. | 112 |
(1) "Ancillary service" means any function necessary to the | 117 |
provision of electric transmission or distribution service to a | 118 |
retail customer and includes, but is not limited to, scheduling, | 119 |
system control, and dispatch services; reactive supply from | 120 |
generation resources and voltage control service; reactive supply | 121 |
from transmission resources service; regulation service; frequency | 122 |
response service; energy imbalance service; operating | 123 |
reserve-spinning reserve service; operating reserve-supplemental | 124 |
reserve service; load following; back-up supply service; | 125 |
real-power loss replacement service; dynamic scheduling; system | 126 |
black start capability; and network stability service. | 127 |
(2) "Billing and collection agent" means a fully independent | 128 |
agent, not affiliated with or otherwise controlled by an electric | 129 |
utility, electric services company, electric cooperative, or | 130 |
governmental aggregator subject to certification under section | 131 |
4928.08 of the Revised Code, to the extent that the agent is under | 132 |
contract with such utility, company, cooperative, or aggregator | 133 |
solely to provide billing and collection for retail electric | 134 |
service on behalf of the utility company, cooperative, or | 135 |
aggregator. | 136 |
(5) "Electric cooperative" means a not-for-profit electric | 143 |
light company that both is or has been financed in whole or in | 144 |
part under the "Rural Electrification Act of 1936," 49 Stat. 1363, | 145 |
7 U.S.C. 901, and owns or operates facilities in this state to | 146 |
generate, transmit, or distribute electricity, or a not-for-profit | 147 |
successor of such company. | 148 |
(9) "Electric services company" means an electric light | 159 |
company that is engaged on a for-profit or not-for-profit basis in | 160 |
the business of supplying or arranging for the supply of only a | 161 |
competitive retail electric service in this state. "Electric | 162 |
services company" includes a power marketer, power broker, | 163 |
aggregator, or independent power producer but excludes an electric | 164 |
cooperative, municipal electric utility, governmental aggregator, | 165 |
or billing and collection agent. | 166 |
(15) "Level of funding for low-income customer energy | 188 |
efficiency programs provided through electric utility rates" means | 189 |
the level of funds specifically included in an electric utility's | 190 |
rates on October 5, 1999, pursuant to an order of the public | 191 |
utilities commission issued under Chapter 4905. or 4909. of the | 192 |
Revised Code and in effect on October 4, 1999, for the purpose of | 193 |
improving the energy efficiency of housing for the utility's | 194 |
low-income customers. The term excludes the level of any such | 195 |
funds committed to a specific nonprofit organization or | 196 |
organizations pursuant to a stipulation or contract. | 197 |
(25) "Advanced energy project" means any technologies, | 234 |
products, activities, or management practices or strategies that | 235 |
facilitate the generation or use of electricity or energy and that | 236 |
reduce or support the reduction of energy consumption or support | 237 |
the production of clean, renewable energy for industrial, | 238 |
distribution, commercial, institutional, governmental, research, | 239 |
not-for-profit, or residential energy users, including, but not | 240 |
limited to, advanced energy resources and renewable energy | 241 |
resources. "Advanced energy project" also includes any project | 242 |
described in division (A), (B), or (C) of section 4928.621 of the | 243 |
Revised Code. | 244 |
(26) "Regulatory assets" means the unamortized net regulatory | 245 |
assets that are capitalized or deferred on the regulatory books of | 246 |
the electric utility, pursuant to an order or practice of the | 247 |
public utilities commission or pursuant to generally accepted | 248 |
accounting principles as a result of a prior commission | 249 |
rate-making decision, and that would otherwise have been charged | 250 |
to expense as incurred or would not have been capitalized or | 251 |
otherwise deferred for future regulatory consideration absent | 252 |
commission action. "Regulatory assets" includes, but is not | 253 |
limited to, all deferred demand-side management costs; all | 254 |
deferred percentage of income payment plan arrears; | 255 |
post-in-service capitalized charges and assets recognized in | 256 |
connection with statement of financial accounting standards no. | 257 |
109 (receivables from customers for income taxes); future nuclear | 258 |
decommissioning costs and fuel disposal costs as those costs have | 259 |
been determined by the commission in the electric utility's most | 260 |
recent rate or accounting application proceeding addressing such | 261 |
costs; the undepreciated costs of safety and radiation control | 262 |
equipment on nuclear generating plants owned or leased by an | 263 |
electric utility; and fuel costs currently deferred pursuant to | 264 |
the terms of one or more settlement agreements approved by the | 265 |
commission. | 266 |
(27) "Retail electric service" means any service involved in | 267 |
supplying or arranging for the supply of electricity to ultimate | 268 |
consumers in this state, from the point of generation to the point | 269 |
of consumption. For the purposes of this chapter, retail electric | 270 |
service includes one or more of the following "service | 271 |
components": generation service, aggregation service, power | 272 |
marketing service, power brokerage service, transmission service, | 273 |
distribution service, ancillary service, metering service, and | 274 |
billing and collection service. | 275 |
(c) Clean coal technology that includes a carbon-based | 311 |
product that is chemically altered before combustion to | 312 |
demonstrate a reduction, as expressed as ash, in emissions of | 313 |
nitrous oxide, mercury, arsenic, chlorine, sulfur dioxide, or | 314 |
sulfur trioxide in accordance with the American society of testing | 315 |
and materials standard D1757A or a reduction of metal oxide | 316 |
emissions in accordance with standard D5142 of that society, or | 317 |
clean coal technology that includes the design capability to | 318 |
control or prevent the emission of carbon dioxide, which design | 319 |
capability the commission shall adopt by rule and shall be based | 320 |
on economically feasible best available technology or, in the | 321 |
absence of a determined best available technology, shall be of the | 322 |
highest level of economically feasible design capability for which | 323 |
there exists generally accepted scientific opinion; | 324 |
(f) Advanced solid waste or construction and demolition | 333 |
debris conversion technology, including, but not limited to, | 334 |
advanced stoker technology, and advanced fluidized bed | 335 |
gasification technology, that results in measurable greenhouse gas | 336 |
emissions reductions as calculated pursuant to the United States | 337 |
environmental protection agency's waste reduction model (WARM). | 338 |
(37) "Renewable energy resource" means solar photovoltaic or | 345 |
solar thermal energy, wind energy, power produced by a | 346 |
hydroelectric facility, geothermal energy, fuel derived from solid | 347 |
wastes, as defined in section 3734.01 of the Revised Code, through | 348 |
fractionation, biological decomposition, or other process that | 349 |
does not principally involve combustion, biomass energy, energy | 350 |
produced by cogeneration technology for which more than ninety per | 351 |
cent of the total annual energy input is from a waste or byproduct | 352 |
gas from an air contaminant source in this state, which source has | 353 |
been in operation since on or before January 1, 1985, biologically | 354 |
derived methane gas, or energy derived from nontreated by-products | 355 |
of the pulping process or wood manufacturing process, including | 356 |
bark, wood chips, sawdust, and lignin in spent pulping liquors. | 357 |
"Renewable energy resource" includes, but is not limited to, any | 358 |
fuel cell used in the generation of electricity, including, but | 359 |
not limited to, a proton exchange membrane fuel cell, phosphoric | 360 |
acid fuel cell, molten carbonate fuel cell, or solid oxide fuel | 361 |
cell; wind turbine located in the state's territorial waters of | 362 |
Lake Erie; methane gas emitted from an abandoned coal mine; | 363 |
storage facility that will promote the better utilization of a | 364 |
renewable energy resource that primarily generates off peak; or | 365 |
distributed generation system used by a customer to generate | 366 |
electricity from any such energy. As used in division (A)(35)(37) | 367 |
of this section, "hydroelectric facility" means a hydroelectric | 368 |
generating facility that is located at a dam on a river, or on any | 369 |
water discharged to a river, that is within or bordering this | 370 |
state or within or bordering an adjoining state and meets all of | 371 |
the following standards: | 372 |
(b) The facility demonstrates that it complies with the water | 377 |
quality standards of this state, which compliance may consist of | 378 |
certification under Section 401 of the "Clean Water Act of 1977," | 379 |
91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates that it has | 380 |
not contributed to a finding by this state that the river has | 381 |
impaired water quality under Section 303(d) of the "Clean Water | 382 |
Act of 1977," 114 Stat. 870, 33 U.S.C. 1313. | 383 |
(g) The facility complies with the terms of its federal | 402 |
energy regulatory commission license or exemption that are related | 403 |
to recreational access, accommodation, and facilities or, if the | 404 |
facility is not regulated by that commission, the facility | 405 |
complies with similar requirements as are recommended by resource | 406 |
agencies, to the extent they have jurisdiction over the facility; | 407 |
and the facility provides access to water to the public without | 408 |
fee or charge. | 409 |
(B) For the purposes of this chapter, a retail electric | 413 |
service component shall be deemed a competitive retail electric | 414 |
service if the service component is competitive pursuant to a | 415 |
declaration by a provision of the Revised Code or pursuant to an | 416 |
order of the public utilities commission authorized under division | 417 |
(A) of section 4928.04 of the Revised Code. Otherwise, the service | 418 |
component shall be deemed a noncompetitive retail electric | 419 |
service. | 420 |
Section 3. Section 4928.01 of the Revised Code is presented | 423 |
in this act as a composite of the section as amended by both Am. | 424 |
Sub. S.B. 181 and Am. Sub. S.B. 232 of the 128th General Assembly. | 425 |
The General Assembly, applying the principle stated in division | 426 |
(B) of section 1.52 of the Revised Code that amendments are to be | 427 |
harmonized if reasonably capable of simultaneous operation, finds | 428 |
that the composite is the resulting version of the section in | 429 |
effect prior to the effective date of the section as presented in | 430 |
this act. | 431 |