The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
|
(126th General Assembly)
(Substitute House Bill Number 251)
AN ACT
To amend sections 122.075, 123.011, 125.15, 125.834, 1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 4928.61, 4928.62, and 4928.63 and to enact section 3345.69 of the Revised Code; to amend Section 203.99 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended; to amend Section 203.99.45 of Am. Sub. H.B. 66 of the 126th General Assembly, as subsequently amended; and to amend Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly to specify certain energy efficiency and conservation standards relating to facility construction and leasing that the Office of Energy Services in the Department of Administrative Services must promulgate and with which state agencies must comply; to require certain additional duties, and additional cooperation between the Office and the Office of Energy Efficiency of the Department of Development, relating to state purchasing; to require boards of trustees of state institutions of higher education to adopt rules to carry out on- and off-campus building, energy efficiency and conservation guidelines developed by a committee of those institutions in consultation with the Office of Energy Services; to make other changes relative to energy programs; to increase the maximum amount that can be assessed to fund the Oil and Natural Gas Marketing Program; to change the Energy Efficiency Revolving Loan Program into an Advanced Energy Program; and to make an appropriation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 122.075, 123.011, 125.15, 125.834, 1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 4928.61, 4928.62, and 4928.63 be amended and section 3345.69 of the Revised Code be enacted to read as follows:
Sec. 122.075. (A) As used in this section:
(1) "Alternative fuel" means blended biodiesel or blended gasoline.
(2) "Biodiesel" means a mono-alkyl ester combustible liquid fuel that is derived from vegetable oils or animal fats, or any combination of those reagents, and that meets American society for testing and materials specification D6751-03a for biodiesel fuel (B100) blend stock distillate fuels.
(3) "Diesel fuel" and "gasoline" have the same meanings as in section 5735.01 of the Revised Code. (4) "Ethanol" has the same meaning as in section 5733.46 of the Revised Code. (5) "Blended biodiesel" means diesel fuel containing at least twenty per cent biodiesel by volume. (6) "Blended gasoline" means gasoline containing at least eighty-five per cent ethanol by volume. (7) "Incremental cost" means either of the following:
(a) The difference in cost between blended gasoline and gasoline containing ten per cent or less ethanol at the time that the blended gasoline is purchased;
(b) The difference in cost between blended biodiesel and diesel fuel containing two per cent or less biodiesel at the time that the blended biodiesel is purchased.
(B) For the purpose of improving the air quality in this state, the director of development shall establish an alternative fuel transportation grant program under which the director may make grants to businesses, nonprofit organizations, public school systems, or local governments for the purchase and installation of alternative fuel refueling facilities and for the purchase and use of alternative fuel.
(C) The director shall adopt rules in accordance with Chapter 119. of the Revised Code that are necessary for the administration of the alternative fuel transportation grant program. The rules shall establish at least all of the following:
(1) An application form and procedures governing the application process for a grant under the program;
(2) A procedure for prioritizing the award of grants under the program;
(3) A requirement that the maximum grant for the purchase and installation of an alternative fuel refueling facility be no more than fifty per cent of the cost of the facility;
(4) A requirement that the maximum grant for the purchase of alternative fuel be no more than fifty per cent of the incremental cost of the fuel;
(5) Any other criteria, procedures, or guidelines that the director determines are necessary to administer the program.
(D) There is hereby created in the state treasury the alternative fuel transportation grant fund. The fund shall consist of money as may be specified by the general assembly from the advanced energy efficiency revolving loan fund created by section 4928.61 of the Revised Code. Money in the fund shall be used to make grants under the alternative fuel transportation grant program and by the director in the administration of that program.
Sec. 123.011. (A) There As used in this section: (1) "Construct" includes reconstruct, improve, renovate, enlarge, or otherwise alter.
(2)
"Energy consumption analysis" means the evaluation of
all energy consuming systems, components, and equipment by demand and type of
energy, including the internal energy load imposed on a facility
by its occupants and the external
energy load imposed by climatic conditions. (3) "Energy performance index" means a number describing
the energy requirements of a facility per square foot of floor
space or per cubic foot of occupied volume as appropriate under
defined internal and external ambient conditions over an entire
seasonal cycle. (4) "Facility" means a building or other structure, or part of a building or other structure, that
includes provision for a heating, refrigeration, ventilation, cooling, lighting, hot water, or other major energy consuming system, component, or equipment.
(5) "State funded" means funded in whole or in part through appropriation by the general assembly or through the use of any guarantee provided by this state.
(6) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(B) There is hereby created within the department of
administrative services an office to be known as the office of energy
services. The office shall be under the supervision of a manager, who shall
be appointed by the director of administrative services. The director shall
assign to the office a such number of employees and furnish such equipment and supplies
that the director considers as are necessary for the proper performance of the office's duties
assigned to the office. The office shall develop energy efficiency and conservation programs in each of the following areas: (1) New construction design and review; (2) Existing building audit and retrofit; (3) Energy efficient procurement; (4) Alternate Alternative fuel vehicles. The office may accept and administer grants from public and private sources
for carrying out any of its duties under this section. (B) In addition to its duties under division (A)
of this section, the office shall assist the department in its responsibility
for state-owned, assisted, and
leased facilities by ensuring that energy conservation
goals
are observed in the design, construction, renovation, and
utilization of these facilities in a manner that will minimize
the consumption of energy used in the operation and maintenance
of such facilities. This process shall include the use of
life-cycle costs, including construction, the costs of operation
and maintenance of the facility as it affects energy consumption
over the economic life of the facility, and energy consumption
analyses of existing facilities in order to determine and require
necessary changes in the operation and maintenance of such
facilities.
As used in this section:
(1) "Facility" means a building or other structure that
includes provision for a heating or cooling system, or both, or
for a hot water system.
(2) "State-assisted facility" means a facility constructed
or renovated in whole or in part with state or federal funds or
with funds guaranteed or provided by or through a state agency.
(3) "Energy consumption analysis" means the evaluation of
all energy consuming systems and components by demand and type of
energy, including the internal energy load imposed on a facility
by its occupants, equipment, and components and the external
energy load imposed on a facility by climatic conditions.
(4) "Energy performance index" means a number describing
the energy requirements of a facility per square foot of floor
space or per cubic foot of occupied volume as appropriate under
defined internal and external ambient conditions over an entire
seasonal cycle.
(5) "Life-cycle costs" means the cost of owning,
operating, and maintaining a facility over the life of the
structure. This may be expressed as an annual cost for each year
of the facility's use.
(C) No state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution, including those agencies otherwise
excluded from the jurisdiction of the department under division
(A)(3) of section 123.01 of the Revised Code, shall lease,
construct, or have cause to be leased or constructed, within the limits prescribed in
this section, a state-funded facility, without having secured from the
office a proper evaluation of
life-cycle costs cost analysis or, in the case of a lease, an energy
consumption analysis, as computed or prepared by a qualified
architect or engineer in accordance with the rules required by division (D) of this section. Construction Construction shall proceed only upon the
disclosure to the office, for the facility chosen, of the
life-cycle costs as determined in this section and the
capitalization of the initial construction costs of the building.
The results of life-cycle costs cost analysis shall be a primary consideration in the
selection of a building design. Such That analysis shall be required
only for construction of buildings with an area of five thousand
square feet or greater. No such agency shall An energy consumption analysis for the term of a proposed lease shall be required only for the leasing of an area of
twenty thousand square feet or greater within a given building
boundary, without having secured from the office a proper
evaluation of an energy consumption analysis for the term of the
proposed lease. Such energy consumption. That analysis shall be a
primary consideration in the selection of a facility to be
leased. Nothing Nothing in this section shall deprive or limit any state
agency that has review authority over design or, construction, or leasing
plans from requiring a life-cycle cost analysis or energy consumption analysis. Whenever any state department, agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution requests release of capital improvement funds for any state-funded facility,
it shall submit copies of all pertinent life-cycle cost analyses
prepared pursuant to this section and in accordance with rules
adopted under Chapters 3781. and 4101. of the Revised Code. (D) The For the purposes of assisting the department in its responsibility for state-funded facilities
pursuant to section 123.01 of the Revised Code and of
cost-effectively reducing the energy consumption of those and any other state-funded facilities, thereby promoting fiscal, economic, and environmental benefits to this state, the office shall promulgate rules
and procedures,
including energy conservation performance guidelines, for
conducting a life-cycle cost analysis of alternative
architectural and engineering designs and for developing energy
performance indices to evaluate the efficiency of energy
utilization of competing designs in the construction of
state-financed and leased facilities. The rules and procedures
shall take effect February 3, 1979. The specifying cost-effective, energy efficiency and conservation standards that may govern the lease, design, construction, operation, and maintenance of all state-funded facilities except facilities of state institutions of higher education. The office of energy efficiency in the department of development shall cooperate in providing information and technical expertise to the office of energy services to ensure promulgation of rules of maximum effectiveness. The standards prescribed by rules promulgated under this division may draw from or incorporate, by reference or otherwise and in whole or in part, standards already developed or implemented by any competent, public or private standards organization or program. The rules also may include any of the following:
(1) Specifications for a life-cycle cost analysis that shall determine the reasonably
expected fuel costs over, for the economic life of the building that are
required to maintain illumination, power, temperature, humidity,
ventilation such state-funded facility, and all other energy consuming equipment in a
facility and the reasonable reasonably expected costs of probable facility ownership, operation, and maintenance
including labor, and materials, and building operation. The
life-cycle cost analysis shall include, but not be limited. Life-cycle cost may be expressed as an annual cost for each year of the facility's use. Further, the life-cycle cost analysis may demonstrate for each design how the design contributes to energy efficiency and conservation with respect to, any of
the
following: (1)(a) The coordination, orientation, and positioning of the
facility on its physical site;
(2)(b) The amount and type of glass employed in the facility
and the directions of exposure;
(3)(c) Thermal characteristics of materials, including the
effect of insulation incorporated into facility design, including insulation;
(4)(d) Architectural features which that affect energy
consumption, including the effect of solar utilization of the absorption and reflection
properties of external surfaces;
(5)(e) The variable occupancy and operating conditions of the
facility and subportions portions of the facility, including illumination
levels;
(6) An (f) Any other pertinent, physical characteristics of the design.
A life-cycle cost analysis additionally may include an energy consumption analysis that conforms to division (D)(2) of this section.
(2) Specifications for an energy consumption analysis of the facility's heating, refrigeration, ventilation, cooling, lighting, hot water, and other major equipment
of the facility's heating, ventilating, and cooling system,
lighting system, hot water system, and all other energy consuming
systems, components, and equipment as appropriate. This analysis shall
include both of the following: (a) The comparison of two or more system alternatives, one
of which may be a system using solar energy; (b) The projection of the annual energy consumption of those
major energy consuming systems, components, and equipment and systems, for a range of
operation of the facility over the economic life of the facility; (c) An evaluation of the energy consumption of component
equipment in each system, and considering the their operation of such
components at other than full or rated outputs.
The rules A life-cycle cost analysis and energy consumption analysis shall be based on the best currently available
methods of analyses analysis, including such as those of the national bureau of
standards, the department of housing and urban development, or other
federal agencies and, professional societies, and materials directions
developed by the department.
The office shall promulgate rules (3) Specifications for energy
performance indices, as defined in division (B)(4) of this
section, to be used to audit and evaluate competing design proposals
submitted to the state.
(4) A requirement that, not later than two years after the effective date of this amendment, each state-funded facility except a facility of a state institution of higher education is managed by at least one building operator certified under the building operator certification program or any equivalent program or standards as shall be prescribed in the rules and considered reasonably equivalent. (5) An application process by which a project manager, as to a specified state-funded facility except a facility of a state institution of higher education, may apply for a waiver of compliance with any provision of the rules required by divisions (D)(1) to (4) of this section. (E) The office shall conduct studies of
the state's
purchase and use of supplies, automobiles, and equipment having a
significant impact on energy use by government, in order to
determine the potential for energy conservation. The department
of development shall advise the office on the state of the art of energy
efficiency, both
generally and with reference to the cost of various levels of
energy efficiency. The office of energy services
shall promulgate rules to ensure that energy efficiency and
conservation will be considered in state purchasing the purchase of products and equipment, except motor vehicles, by any state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, or institution. Minimum
energy efficiency standards on for purchased products and equipment
shall may be required, based on federal testing and labeling where
available or on standards developed by the department. Life-cycle
cost analysis office. The rules shall apply to the competitive selection of energy consuming systems, components, and equipment and components shall
be made part of the competitive selection procedures of under Chapter
125. of the Revised Code where possible. Not later than January 1, 1979, the The office also shall take
the initiative in implementing ensure energy efficient and energy conserving purchasing measures through practices by doing all of the
following means:
(1) Identifying Cooperatively with the office of energy efficiency, identifying available energy efficiency and conservation opportunities
available; (2) Providing for interchange of information among state purchasing
agencies; (3) Identifying laws, policies, rules, and procedures
which that need modification; (4) Monitoring experience with energy conservation buying
practices and the cost-effectiveness of this state's purchase and use of motor vehicles and of major energy-consuming systems, components, equipment, and products having a significant impact on energy consumption by government; (5) Providing Cooperatively with the office of energy efficiency, providing technical assistance and training programs and workshops for to state
employees involved in the purchasing process. The department of development shall make recommendations to
the office regarding planning and
implementation of purchasing policies and procedures supportive
of energy efficiency and conservation. (F)(1) The
office of energy services shall
require all departments, state agencies, state institutions,
universities, colleges departments, divisions, bureaus, offices, units, commissions, boards, authorities, commissions, boards, and
quasi-governmental entities, institutions, and state institutions of higher education to implement procedures ensuring that
all their passenger automobiles acquired in each fiscal year,
except for those passenger automobiles acquired for use in law
enforcement or emergency rescue work, achieve a fleet average
fuel economy of not less than twenty miles per gallon in fiscal
year 1979, not less than twenty-one miles per gallon in fiscal
year 1980, and, in each fiscal year thereafter, not less than the
fleet average fuel economy prescribed, by rule, by the office for that fiscal
year in accordance with this division. Prior as shall be prescribed by the office by rule. The office shall promulgate the rule prior to the beginning of fiscal year 1981 and each the fiscal
year thereafter, the office shall adopt rules prescribing the
fleet average fuel economy all passenger automobiles acquired by
all departments, agencies, state institutions, universities,
colleges, authorities, commissions, boards, and
quasi-governmental entities of state government during the fiscal
year covered by the rules must achieve, except for those
passenger automobiles acquired for use in law enforcement or
emergency rescue work. These rules shall not be less stringent
than in accordance with the average fuel economy standards established pursuant to
federal law for passenger automobiles manufactured during the
model year that begins during the fiscal year.
(1)(2) Each department, state agency, state institution,
university, college department, division, bureau, office, unit, commission, board, authority, commission, board, and
quasi-governmental entity of state government, institution, and state institution of higher education shall determine its
fleet average fuel economy by dividing:
(a) The total number of passenger vehicles acquired during
the fiscal year, except for those passenger vehicles acquired for
use in law enforcement or emergency rescue work, by (b) A sum of terms, each of which is a fraction created by
dividing: (i) The number of passenger vehicles of a given make,
model, and year, except for passenger vehicles acquired for use
in law enforcement or emergency rescue work, acquired during the
fiscal year, by (ii) The fuel economy measured by the administrator of the
United States environmental protection agency, for the given
make, model, and year of vehicle, that constitutes an average
fuel economy for combined city and highway driving. (2) As used in division (F)(1)(2) of this section, "acquired"
means leased for a period of sixty continuous days or more, or
purchased.
(G) Each state agency, department, division, bureau, office, unit, board, commission, authority, quasi-governmental entity, institution, and state institution of higher education shall comply with any applicable provision of this section or of a rule promulgated pursuant to division (D) or (F) of this section.
Sec. 125.15. All state agencies required
to secure any equipment, materials, supplies, or services from the department of administrative services shall make
acquisition in the manner and upon forms prescribed by the
director of administrative services and shall reimburse the department for the
equipment, materials, supplies, or services, including
a reasonable sum to cover the department's administrative costs and costs relating to energy efficiency and conservation programs,
whenever
reimbursement is required by the department. The money so paid shall be
deposited in the state treasury to the credit of the
general services fund or the information
technology fund, as appropriate. Those funds
are hereby created.
Sec. 125.834. (A) The department of administrative services shall ensure that all new motor vehicles acquired on and after July 1, 2006, by the state for use by state agencies under section 125.832 of the Revised Code are capable of using alternative fuels. A state agency that is acquiring new motor vehicles under division (G)(1) of section 125.832 of the Revised Code shall report annually, in a manner prescribed by the director of administrative services, the number of new motor vehicles acquired by the state agency and the number of those motor vehicles that are capable of using alternative fuel.
(B) The department shall not purchase or lease, or authorize the purchase or lease by a state agency of, any motor vehicles that are incapable of using alternative fuels, unless one or more of the following apply: (a)(1) The department or state agency is unable to acquire or operate motor vehicles within the cost limitations described in rules adopted under division (D) of this section.
(b)(2) The use of alternative fuels would not meet the energy conservation and exhaust emissions criteria described in rules adopted under division (D) of this section.
(c)(3) An emergency exists or exigent circumstances exist, as determined by the department of administrative services.
(C) Not later than ninety days after the effective date of this section October 12, 2006, all motor vehicles owned or leased by the state that are capable of using an alternative fuel shall use an alternative fuel if the fuel is reasonably available at a reasonable price. Subject to division (D) of this section, motor vehicles owned or leased by the state shall use at least sixty thousand gallons of E85 blend fuel per calendar year by January 1, 2007, with an increase of five thousand gallons per calendar year each calendar year thereafter, and at least one million gallons of blended biodiesel per calendar year by January 1, 2007, with an increase of one hundred thousand gallons per calendar year each calendar year thereafter. The director of administrative services, under Chapter 119. of the Revised Code, shall adopt rules to implement the fuel use requirement of this division, and the directors and heads of all state departments and agencies shall issue a directive to all state employees who use state motor vehicles informing them of the fuel use requirement. The directive shall instruct state employees to purchase alternative fuels at retail fuel facilities whenever possible. As used in this division, "motor vehicle" has the same meaning as in section 125.831 of the Revised Code and also includes all on-road and off-road vehicles powered by diesel fuel, regardless of gross vehicle weight. (D) The director of administrative services shall adopt and may amend, under Chapter 119. of the Revised Code, rules that include both of the following: (1) Requirements for state agencies in the procurement of alternative fuels and motor vehicles capable of using alternative fuels, and cost limitations for the acquisition and operation of such vehicles; (2) Energy conservation and exhaust emissions criteria for motor vehicles capable of using alternative fuels.
Sec. 1510.04. (A) Independent producers in this state may present the
technical advisory council with a petition signed by the lesser of one hundred
or ten per cent of all such producers requesting that the council hold a
referendum in accordance with section 1510.05 of the Revised Code to establish
a marketing program for oil and natural gas or to amend an existing program. (B) At the time of presentation of the petition to the council under division
(A) of this section, the petitioners also shall present the proposed program
or amendment, which shall include all of the following: (1) The rate of assessment to be made on the production of oil and natural
gas in this state, which shall not exceed one cent five cents per each gross barrel of
oil and one-tenth of one cent per thousand cubic feet of natural gas; (2) Terms, conditions, limitations, and other qualifications for assessment; (3) Procedures to refund the assessment. (C) Before making a decision under this division to approve or disapprove a
proposed program or amendment, the council shall publish in at least two
appropriate periodicals designated by the council a notice that the program or
amendment has been proposed and informing interested persons of the procedures
for submitting comments regarding the proposal. After publishing the notice,
the council shall provide interested persons with a copy of the proposed
program or amendment and an opportunity to comment on the proposed program or
amendment for thirty days after the publication of the notice. The
petitioners may make changes to the proposed program or amendment based upon
the comments received. The council may make technical changes to the proposal
to ensure compliance with this chapter. Subsequent to any changes made by the
petitioners or any technical changes made by the council to a proposed program
or amendment, the council may approve or disapprove the proposed program or
amendment. (D) If the council approves the proposed program or amendment, with any
changes made under division (C) of this section, the council shall hold a
referendum in accordance with section 1510.05 of the Revised Code to establish
a marketing program for oil and natural gas or to amend an existing program. Sec. 3345.69. (A) As used in this section:
(1) "State institution of higher education" has the same meaning as in section 3345.011 of the Revised Code.
(2) "Board of trustees of a state institution of higher education" has the same meaning as in section 3345.61 of the Revised Code.
(B) The chairperson of the interuniversity council of Ohio and the secretary of the Ohio association of community colleges shall assist in coordinating the organization and operation of a committee to carry out this section. The committee shall be comprised of the presidents of the state institutions of higher education or their designees. The committee, in consultation with the office of energy services of the department of administrative services, shall develop guidelines for the board of trustees of each state institution of higher education to use in ensuring energy efficiency and conservation in on- and off-campus buildings. Initial guidelines shall be adopted not later than ninety days after the effective date of this section. At a minimum, guidelines under this section shall do all of the following:
(1) Include a goal to reduce on- and off-campus building energy consumption by at least twenty per cent by 2014, using calendar year 2004 as the benchmark year, while recognizing the diverse nature and different energy demands and uses of such buildings and measures already taken to increase building energy efficiency and conservation;
(2) Prescribe minimum energy efficiency and conservation standards for any new, on- or off-campus capital improvement project with a construction cost of one hundred thousand dollars or more, which standards shall be based on general building type and cost-effectiveness;
(3) Prescribe minimum energy efficiency and conservation standards for the leasing of an off-campus space of at least twenty-thousand square feet;
(4) Incorporate best practices into energy efficiency and conservation standards and plans;
(5) Provide that each board develop its own fifteen-year plan for phasing in energy efficiency and conservation projects;
(6) Provide that project impact assessments include the fiscal effects of energy efficiency and conservation recommendations and plans;
(7) Establish mechanisms for each board to report periodically to the committee on its progress relative to the guidelines.
(C) The board of trustees of a state institution of higher education shall adopt rules under section 111.15 of the Revised Code to carry out the guidelines established pursuant to division (B) of this section, including in the execution of the board's authority under sections 3345.62 to 3345.66 of the Revised Code.
Sec. 4905.90. As used in sections 4905.90 to 4905.96 of
the Revised Code: (A) "Contiguous property" includes, but is not limited to,
a manufactured home park as defined in section 3733.01 of the
Revised Code; a public or publicly subsidized housing project; an
apartment complex; a condominium complex; a college or
university; an office complex; a shopping center; a hotel; an
industrial park; and a race track. (B) "Gas" means: (1) Natural natural gas, synthetic natural flammable gas, or a mixture of
those gases;
(2) Petroleum gas when used in the transmission or
distribution system of a natural gas which is toxic or gas company corrosive.
(C) "Gathering lines" and the "gathering of gas" have the
same meaning as in the Natural Gas Pipeline Safety Act and the
rules adopted by the United States department of transportation
pursuant to the Natural Gas Pipeline Safety Act, including 49
C.F.R. part 192, as amended. (D) "Intrastate pipe-line transportation" has the same
meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as
amended, but excludes the gathering of gas exempted by the
Natural Gas Pipeline Safety Act. (E) "Master-meter system" means a pipe-line system that
distributes gas within a contiguous property for which the system
operator purchases gas for resale to consumers, including
tenants. Such pipe-line system supplies consumers who purchase
the gas directly through a meter, or by paying rent, or by other
means. The term includes a master-meter system as defined in 49
C.F.R. 191.3, as amended. The term excludes a pipeline within a
manufactured home, mobile home, or a building. (F) "Natural Gas Pipeline Safety Act" means the "Natural
Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App.
1671 et seq., as amended. (G) "Operator" means any of the following: (1) A gas company or natural gas company as defined in
section 4905.03 of the Revised Code, except that division (A)(6)
of that section does not authorize the public utilities
commission to relieve any producer of gas, as a gas company or
natural gas company, of compliance with sections 4905.90 to
4905.96 of the Revised Code or the pipe-line safety code created
under section 4905.91 of the Revised Code; (2) A pipe-line company, as defined in section 4905.03 of
the Revised Code, when engaged in the business of transporting
gas by pipeline; (3) A public utility that is excepted from the definition
of "public utility" under division (B) or (C) of section 4905.02
of the Revised Code, when engaged in supplying or transporting
gas by pipeline within this state; (4) Any person that owns, operates, manages, controls, or
leases any of the following: (a) Intrastate pipe-line transportation facilities within
this state; (b) Gas gathering lines within this state which are not
exempted by the Natural Gas Pipeline Safety Act; (c) A master-meter system within this state. "Operator" does not include an ultimate consumer who owns a
service line, as defined in 49 C.F.R. 192.3, as amended, on the
real property of that ultimate consumer. (H) "Operator of a master-meter system" means a person
described under division (F)(4)(c) of this section. An operator
of a master-meter system is not a public utility under section
4905.02 or a gas or natural gas company under section 4905.03 of
the Revised Code. (I) "Person" means: (1) In addition to those defined in division (C) of
section 1.59 of the Revised Code, a joint venture or a municipal
corporation; (2) Any trustee, receiver, assignee, or personal
representative of persons defined in division (H)(1) of this
section. (J) "Safety audit" means the public utilities commission's
audit of the premises, pipe-line facilities, and the records,
maps, and other relevant documents of a master-meter system to
determine the operator's compliance with sections 4905.90 to
4905.96 of the Revised Code and the pipe-line safety code. (K) "Safety inspection" means any inspection, survey, or
testing of a master-meter system which is authorized or required
by sections 4905.90 to 4905.96 of the Revised Code and the
pipe-line safety code. The term includes, but is not limited to,
leak surveys, inspection of regulators and critical valves, and
monitoring of cathodic protection systems, where applicable. (L) "Safety-related condition" means any safety-related
condition defined in 49 C.F.R. 191.23, as amended. (M) "Synthetic natural gas" means gas formed from
feedstocks other than natural gas, including coal, oil, or
naphtha. (N) "Total Mcfs of gas it supplied or delivered" means the
sum of the following volumes of gas that an operator supplied or
delivered, measured in units per one thousand cubic feet:
(1) Residential sales; (2) Commercial and industrial sales; (3) Other sales to public authorities; (4) Interdepartmental sales; (5) Sales for resale; (6) Transportation of gas.
Sec. 4928.01. (A) As used in this chapter: (1) "Ancillary service" means any function necessary to the
provision of electric transmission or distribution service to a retail
customer and includes, but is not limited to, scheduling, system
control, and dispatch services; reactive supply from generation
resources and voltage control service; reactive supply from
transmission resources service; regulation service; frequency
response service; energy imbalance service; operating
reserve-spinning reserve service; operating reserve-supplemental
reserve service; load following; back-up supply service;
real-power loss replacement service; dynamic scheduling; system
black start capability; and network stability service. (2) "Billing and collection agent" means a fully independent
agent, not affiliated with or otherwise controlled by an electric
utility, electric services company, electric cooperative, or governmental
aggregator subject to certification under section 4928.08 of the Revised Code, to the extent
that the agent is under contract with such utility, company, cooperative, or
aggregator
solely to provide billing and collection for retail electric
service on behalf of the utility company, cooperative, or aggregator. (3) "Certified territory" means the certified territory
established for an electric supplier under sections 4933.81 to 4933.90
of the Revised Code as amended by Sub. S.B. No. 3 of
the 123rd
general assembly. (4) "Competitive retail electric service" means a component of
retail electric service that is competitive as provided under division
(B) of this section. (5) "Electric cooperative" means a not-for-profit electric light
company that both is or has been financed in whole or in part under the
"Rural
Electrification
Act of 1936," 49
Stat. 1363, 7 U.S.C.
901, and owns or operates facilities in this state to generate, transmit,
or distribute electricity, or a not-for-profit successor of such company. (6) "Electric distribution utility" means an electric utility
that supplies at least retail electric distribution service. (7) "Electric light company" has the same meaning as in section
4905.03 of the Revised Code and includes an electric services
company, but excludes any
self-generator to the extent it consumes electricity it so
produces or to the extent it sells for resale electricity it so
produces. (8) "Electric load center" has the same meaning as in section
4933.81 of the Revised Code. (9) "Electric services company" means an electric light company
that is engaged on a for-profit or not-for-profit basis in the business
of supplying or arranging for the supply of only a competitive retail electric
service in
this state. "Electric services company" includes a power marketer, power
broker, aggregator, or independent power producer but excludes an
electric cooperative, municipal electric
utility, governmental aggregator, or billing and collection agent. (10) "Electric supplier" has the same meaning as in section
4933.81 of the Revised Code. (11) "Electric utility" means an electric light company that
is engaged on a for-profit basis
in the
business of supplying a noncompetitive retail electric service in this state
or
in the businesses of supplying both a noncompetitive and a
competitive retail electric service in this state. "Electric utility"
excludes a
municipal electric utility or a billing and collection agent. (12) "Firm electric service" means electric service other than nonfirm
electric service. (13) "Governmental aggregator" means a legislative authority of a
municipal corporation, a board of township trustees, or a board of county
commissioners acting as an
aggregator for the provision of a competitive retail electric service under
authority conferred under
section 4928.20 of the Revised Code. (14) A person acts "knowingly," regardless of the person's
purpose, when the person is aware that the person's conduct will
probably cause a certain result or will probably be of a certain
nature. A person has knowledge of circumstances when the person
is aware that such circumstances probably exist. (15) "Level of funding for low-income customer energy efficiency
programs provided through electric utility rates" means the level
of funds specifically included in an electric utility's rates on
the effective date of this section October 5, 1999, pursuant to an order of the
public utilities commission issued under Chapter 4905. or 4909. of
the Revised Code and in effect on the day before the effective
date of this section October 4, 1999, for the purpose of improving the energy
efficiency of housing for the utility's low-income customers. The
term excludes the level of any such funds committed to a specific
nonprofit organization or organizations pursuant to a stipulation
or contract. (16) "Low-income customer assistance programs" means the
percentage of income payment plan program as prescribed in rules
4901:1-18-02(B) to (G) and 4901:1-18-04(B) of the Ohio
Administrative Code in effect on the effective date of this
section or, if modified pursuant to authority under section
4928.53 of the Revised Code, the program as modified;, the home
energy assistance program as prescribed in section 5117.21 of the
Revised Code and in executive order 97-1023-V or, if modified
pursuant to authority under section 4928.53 of the Revised Code,
the program as modified;, the home weatherization assistance
program as prescribed in division (A)(6) of section 122.011 and in
section 122.02 of the Revised Code or, if modified pursuant to
authority under section 4928.53 of the Revised Code, the program
as modified; the Ohio energy credit program as prescribed in
sections 5117.01 to 5117.05, 5117.07 to 5117.12, and 5117.99 of
the Revised Code or, if modified pursuant to authority under
section 4928.53 of the Revised Code, the program as modified;, and
the targeted energy efficiency and weatherization program
established under section 4928.55 of the Revised Code. (17) "Market development period" for an electric utility means the
period of time beginning on the starting date of competitive
retail electric service and ending on the applicable date for that
utility as specified in section 4928.40 of the Revised Code,
irrespective of whether the utility applies to receive transition
revenues under this chapter. (18) "Market power" means the ability to impose on customers a
sustained price for a product or service above the price that
would prevail in a competitive market. (19) "Mercantile commercial customer" means a commercial or
industrial customer if the electricity consumed is for
nonresidential use and the customer consumes more than seven
hundred thousand kilowatt hours per year or is part of a national
account involving multiple facilities in one or more states. (20) "Municipal electric utility" means a municipal corporation
that owns or operates facilities to generate, transmit, or
distribute electricity. (21) "Noncompetitive retail electric service" means a component
of retail electric service that is noncompetitive as provided
under division (B) of this section. (22) "Nonfirm electric service" means electric service provided
pursuant to a schedule filed under section 4905.30 of the Revised
Code or pursuant to an arrangement under section 4905.31 of the
Revised Code, which schedule or arrangement includes conditions
that may require the customer to curtail or interrupt electric
usage during nonemergency circumstances upon notification by an
electric utility. (23) "Percentage of income payment plan arrears" means funds
eligible for collection through the percentage of income payment
plan rider, but uncollected as of July 1, 2000. (24) "Person" has the same meaning as in section 1.59 of the
Revised Code. (25) "Project Advanced energy project" means any real or personal property connected with
all or part of an technologies, products, activities, or management practices or strategies that facilitate the generation or use of electricity and that reduce or support the reduction of energy consumption or support the production of clean, renewable energy for industrial, distribution, commercial, or institutional, governmental,
research facility, not-for-profit facility, or residence that is
to be acquired, constructed, reconstructed, enlarged, improved,
furnished, or equipped, or any combination of those activities,
with aid furnished pursuant to sections 4928.61 to 4928.63 of the
Revised Code for the purposes of not-for-profit, industrial,
commercial, distribution, residential, and research development in
this state. "Project" includes, but is not limited to, any
small-scale renewables project residential energy users. Such energy includes, but is not limited to, wind power; geothermal energy; solar thermal energy; and energy produced by micro turbines in distributed generation applications with high electric efficiencies, by combined heat and power applications, by fuel cells powered by hydrogen derived from wind, solar, biomass, hydroelectric, landfill gas, or geothermal sources, or by solar electric generation, landfill gas, or hydroelectric generation. (26) "Regulatory assets" means the unamortized net regulatory
assets that are capitalized or deferred on the regulatory books of
the electric utility, pursuant to an order or practice of the
public utilities commission or pursuant to generally accepted
accounting principles as a result of a prior commission
rate-making decision, and that would otherwise have been charged
to expense as incurred or would not have been capitalized or
otherwise deferred for future regulatory consideration absent
commission action. "Regulatory assets" includes, but is not
limited to, all deferred demand-side management costs; all
deferred percentage of income payment plan arrears;
post-in-service capitalized charges and assets recognized in
connection with statement of financial accounting standards no.
109 (receivables from customers for income taxes); future nuclear
decommissioning costs and fuel disposal costs as those costs have
been determined by the commission in the electric utility's most
recent rate or accounting application proceeding addressing such
costs; the underpreciated undepreciated costs of safety and radiation control
equipment on nuclear generating plants owned or leased by an
electric utility; and fuel costs currently deferred pursuant to
the terms of one or more settlement agreements approved by the
commission. (27) "Retail electric service" means any service involved in
supplying or arranging for the supply of electricity to ultimate
consumers in this state, from the point of generation to the point
of consumption. For the purposes of this chapter, retail electric
service includes one or more of the following "service
components": generation service, aggregation service, power
marketing service, power brokerage service, transmission service,
distribution service, ancillary service, metering service, and
billing and collection service. (28) "Small electric generation facility" means an electric
generation plant and associated facilities designed for, or
capable of, operation at a capacity of less than two megawatts. (29) "Starting date of competitive retail electric service"
means January 1, 2001, except as provided in division (C) of
this section. (30) "Customer-generator" means a user of a net metering system. (31) "Net metering" means measuring the difference in an applicable
billing period between the electricity supplied by an electric service
provider and the electricity generated by a customer-generator which that is fed
back to the electric service provider. (32) "Net metering system" means a facility for the production of
electrical energy that does all of the following: (a) Uses as its fuel either solar, wind, biomass, landfill gas,
or hydropower,
or uses a microturbine or a fuel cell; (b) Is located on a customer-generator's premises; (c) Operates in parallel with the electric utility's transmission
and distribution facilities; (d) Is intended primarily to offset part or all of the
customer-generator's requirements for electricity. (33) "Self-generator" means an entity in this state that owns an electric
generation facility that produces electricity primarily for the owner's
consumption and that may provide any such excess electricity to retail
electric service providers, whether the facility is installed or operated by
the owner or by an agent under a contract. (B) For the purposes of this chapter, a retail electric service
component shall be deemed a competitive retail electric service if the service
component is competitive
pursuant to a declaration by a provision of the Revised Code or
pursuant to an order of the public utilities commission authorized under
division (A) of section 4928.04 of the Revised
Code.
Otherwise, the service component shall be deemed a noncompetitive
retail electric service. (C) Prior to January 1, 2001, and after application by
an electric utility, notice, and an opportunity to be heard, the public
utilities
commission may issue an order
delaying the January 1, 2001, starting date of competitive retail
electric service for the electric utility for a
specified number of days not to exceed six months, but only for extreme
technical conditions
precluding the start of competitive retail electric service on
January 1, 2001.
Sec. 4928.57. On and after the starting date of competitive retail
electric service, the director of development shall provide a report
every two years until 2008 to the standing committees of the general assembly
that deal with public
utility matters, regarding the effectiveness of the low-income customer
assistance programs and the
consumer education program, and the effectiveness of the advanced energy
efficiency revolving loan program created under sections 4928.61
to 4928.63 of the Revised Code.
Sec. 4928.58. (A) There is hereby created the public
benefits
advisory board, which has the purpose of ensuring that
energy services be
provided to low-income consumers in this state
in an affordable manner
consistent with the policy specified in
section 4928.02 of the Revised Code.
The advisory board shall
consist of twenty-one members as follows: the
director of
development, the chairperson of the public utilities
commission,
the consumers' counsel, and the director of the air quality
development authority, each serving ex officio
and represented by
a designee at the official's discretion; two
members of the house
of representatives appointed by the speaker
of the house of
representatives, neither of the same political
party, and two
members of the senate appointed by the president of
the senate,
neither of the same political party; and thirteen members
appointed by the governor with the advice and consent of the
senate, consisting of one representative of suppliers of
competitive retail electric service; one representative of the
residential class of electric utility customers; one
representative of the industrial class of electric utility
customers; one representative of the commercial class of
electric
utility customers; one representative of agricultural or rural
customers of an electric utility; two customers receiving
assistance
under one or more of the low-income customer assistance
programs,
to represent customers eligible for any such assistance,
including senior
citizens; one representative of the general
public; one representative of
local intake agencies; one
representative of a community-based
organization serving
low-income customers;
one representative of environmental
protection
interests; one
representative of lending institutions;
and one person considered an
expert in energy efficiency or
renewables technology. Initial appointments
shall be made not
later than November 1, 1999. (B) Initial terms of six of the appointed members shall end
on
June 30, 2003, and initial terms of the
remaining seven
appointed members shall end on June 30,
2004. Thereafter, terms
of appointed members shall be for three years, with
each term
ending on the same day of the same month as the term it succeeds.
Each member
shall hold
office from the date of the member's
appointment until the end of
the term for which the member was
appointed. Members may be
reappointed. Vacancies shall be filled in the manner provided for original
appointments. Any member appointed to fill a vacancy occurring
prior to
the expiration date of the term for which the member's
predecessor was
appointed shall hold office as a member for the
remainder of that
term. A member shall continue in office after
the expiration date
of the member's term until the member's
successor takes office or
until a period of sixty days has
elapsed, whichever occurs first. (C) Board members shall be reimbursed for their actual and
necessary expenses incurred in the performance of board duties.
The reimbursements constitute, as applicable, administrative costs
of
the
low-income customer assistance programs for the purpose of
division
(A) of section 4928.51 of the Revised Code or
administrative costs of the advanced
energy efficiency revolving loan
program for the purpose of division (A) of
section 4528.61 of the
Revised Code. (D) The advisory board shall select a chairperson from among
its
members. Only board members appointed by the governor with
the advice and
consent of the senate shall be voting members of
the
board; each shall have one vote in all deliberations of the
board. A majority
of the voting members constitute a quorum. (E) The duties of the advisory board shall be as follows: (1) Advise the
director in the administration of the
universal service fund and the
low-income customer assistance
programs and advise the
director on the director's recommendation
to the commission
regarding the appropriate level of the universal
service rider; (2) Advise the director on the administration of the advanced energy
efficiency revolving loan program and the advanced energy efficiency
revolving loan
program fund under sections 4928.61 to 4928.63 of
the Revised
Code. (F) The advisory board is not an agency for purposes of
sections 101.82 to 101.87 of the Revised
Code.
Sec. 4928.61. (A) There is hereby established in the state
treasury an the advanced energy efficiency revolving loan fund, into which
shall be deposited all advanced energy efficiency revenues remitted to the
director of development under division (B) of this section, for
the exclusive purposes of funding the advanced energy efficiency revolving loan program
created under
section 4928.62 of the Revised Code and paying the program's
administrative costs. Interest on the fund shall be credited to the
fund. (B) Energy efficiency Advanced energy revenues shall include all of the
following: (1) Revenues remitted to the director after collection by each
electric distribution utility in this state of a temporary rider on
retail electric distribution service rates as such rates are
determined by the public utilities commission pursuant to this
chapter. The rider shall be a uniform amount statewide, determined by the
director of development, after consultation with the public benefits
advisory board created by section 4928.58 of the Revised Code. The
amount shall be determined by dividing an aggregate revenue target for a given
year as determined by the director, after consultation with the advisory
board, by the number of customers of electric distribution utilities in this
state in the prior year. Such aggregate revenue target shall not exceed more
than fifteen million dollars in any year through 2005 and shall not exceed
more than five million dollars in any year after 2005. The rider shall be
imposed beginning on the starting date of
competitive retail electric service effective date of the amendment of this section by Sub. H.B. 251 of the 126th general assembly and shall terminate at the end of ten
years following that the starting date of competitive retail electric service or until the advanced energy efficiency
revolving loan fund, including interest, reaches one hundred million dollars,
whichever is first. (2) Revenues from energy efficiency revolving loan program loan
payments, repayments, and payments collections under the advanced energy program and from energy efficiency revolving loan program
loan collections pursuant to section 4928.62 of the Revised Code income; (3) Adequate revenues Revenues remitted to the director after collection by
a municipal electric utility or electric cooperative in this
state not earlier than the starting date of competitive retail electric
service upon the utility's or cooperative's decision to participate in the
energy efficiency revolving loan program advanced energy fund;
(4) Interest earnings on the advanced energy fund. (C)(1) Each electric distribution utility in this state shall remit to the director on a quarterly basis the revenues described in divisions
(B)(1) and (2) of this section. Such remittances shall
begin with occur within thirty days after the first end of each calendar quarter following the starting date of competitive retail
electric service. (2) Each participating electric cooperative and participating
municipal electric utility shall remit to the director on a quarterly
basis the revenues described in division (B)(3) of this section.
Such remittances shall begin with occur within thirty days after the first end of each calendar quarter following the
participating cooperative's or utility's decision to
participate. For the purpose of division (B)(3) of this section, the participation of an electric cooperative or municipal electric utility in the energy efficiency revolving loan program as it existed immediately prior to the effective date of the amendment of this section by Sub. H.B. 251 of the 126th general assembly does not constitute a decision to participate in the advanced energy fund under this section as so amended. (3) All remittances under divisions (C)(1) and (2) of this
section shall continue only until the end of ten years following that the
starting date of competitive retail electric service or
until the advanced energy efficiency revolving loan fund, including interest, reaches
one hundred million dollars, whichever is first. (D) Any moneys collected in rates for non-low-income customer
energy efficiency programs, as of the effective date of this
section October 5, 1999, and not contributed to the energy efficiency revolving
loan fund authorized under division (B)(1) of this section prior to the effective date of its amendment by Sub. H.B. 251 of the 126th general assembly, shall be used to
continue to fund cost-effective, residential energy efficiency programs, be
contributed into the
universal service fund as a supplement to that required under section
4928.53 of the Revised Code, or be returned to ratepayers
in the form of a rate reduction at the option of the affected electric
distribution utility.
Sec. 4928.62. (A) Beginning on the starting date of competitive
retail electric service, there There is hereby created the advanced energy
efficiency revolving loan program, which shall be administered by
the director of development. Under the program, the director may
authorize the use of moneys in the advanced energy efficiency revolving
loan fund for financial, technical, and related assistance for advanced energy projects in this state or for economic development assistance, in furtherance of the purposes set forth in section 4928.63 of the Revised Code. To the extent
feasible given approved applications for assistance, the assistance shall be
distributed among the certified territories of electric distribution utilities
and participating electric cooperatives, and among the service areas of
participating municipal electric utilities, in amounts proportionate to the
remittances of each utility and cooperative under divisions (B)(1)
and (3) of section
4928.61 of the Revised Code. The assistance may be provided by the director of development in the form of direct loans or grants, or through lending institutions in the form of loan participation agreements at below market
rates or linked deposits. The total of all grants provided in any one fiscal year shall not exceed ten per cent of the revenues paid into the energy efficiency revolving loan fund during the previous fiscal year. The director
shall not authorize financial assistance for an advanced energy project under the program unless
the director first determines all of the following: (1) The project will include an investment in products,
technologies, or services, including energy efficiency for low-income housing,
for residential, commercial and
industrial business, local government, educational institution, nonprofit
entity, or agricultural customers of an electric distribution
utility in this state or a participating municipal electric
utility or electric cooperative in this state.
(2) The project will improve energy efficiency in a cost-efficient manner
by using both the most appropriate national, federal, or
other standards for products as determined by the director, and the best
practices for use of technology, products, or services in the
context of the total facility or building.
(3) The project will benefit the economic and environmental
welfare of the citizens of this state.
(4) The receipt of financial assistance is a major factor in the
applicant's decision to proceed with or invest in that the project will create new jobs or preserve existing jobs in this state or use innovative technologies or materials.
(B) In carrying out sections 4928.61 to 4928.63 of the Revised Code, the
director may do all of the
following for the purpose of to further the public interest in advanced energy efficiency revolving loan
program projects and economic development: (1) Award grants, contracts, loans, loan participation agreements, linked deposits, and energy production incentives;
(2) Acquire in the name of the director any property of any kind
or character in accordance with this section, by purchase, purchase at
foreclosure, or exchange, on such terms and in such manner as the director
considers proper; (2)(3) Make and enter into all contracts and agreements necessary
or incidental to the performance of the director's duties and the exercise
of the director's powers under those sections 4928.61 to 4928.63 of the Revised Code;
(3)(4) Employ or enter into contracts with financial consultants,
marketing consultants, consulting engineers, architects, managers,
construction experts, attorneys, technical monitors, energy evaluators, or
other employees or agents as the director considers necessary, and
fix their compensation;
(4)(5) Adopt rules prescribing the application procedures for
financial assistance under the advanced energy program; the terms and conditions of any
loans, grants, contracts, loans, loan participation agreements, linked deposits, and contracts energy production incentives; criteria
pertaining to the eligibility of participating lending institutions; and any
other matters necessary for the implementation of the program;
(5)(6) Do all things necessary and appropriate for the operation of
the program.
(C) The department of development may hold ownership to any unclaimed energy efficiency and renewable energy emission allowances provided for in Chapter 3745-14 of the Administrative Code or otherwise, that result from advanced energy projects that receive funding from the advanced energy fund, and it may use the allowances to further the public interest in advanced energy projects or for economic development.
(D) Financial statements, financial data, and trade secrets
submitted to or received by the director from an applicant or recipient of
financial assistance under sections 4928.61 to 4928.63
of the Revised Code, or any information taken from those
statements, data, or trade secrets for any purpose, are not public
records for the purpose of section 149.43 of the Revised Code.
(E) Nothing in the amendments of sections 4928.61, 4928.62, and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th general assembly shall affect any pending or effected assistance, pending or effected purchases or exchanges of property made, or pending or effected contracts or agreements entered into pursuant to division (A) or (B) of this section as the section existed prior to the effective date of those amendments or shall affect the exemption provided under division (C) of this section as the section existed prior to that effective date. (F) Any assistance a school district receives for an advanced energy project, including a geothermal heating, ventilating, and air conditioning system, shall be in addition to any assistance provided under Chapter 3318. of the Revised Code and shall not be included as part of the district or state portion of the basic project cost under that chapter.
Sec. 4928.63. The director of development and the public benefits advisory
board have the powers and duties
provided in sections 4928.61 and 4928.62 of the Revised Code, in
order to promote the welfare of the people of this state, to; stabilize the
economy, to; assist in the improvement and development within this state of
not-for-profit entity, industrial, commercial, distribution,
residential, and research buildings and activities required for
the people of this state, to; improve the economic welfare of the
people of this state, by reducing energy costs and by reducing energy usage in a cost-efficient manner using, as determined by the director, both the most appropriate national, federal, or other standards for products and the best practices for the use of technology, products, or services in the context of a total facility or building; and also to assist in the improvement of lowering of energy demand to reduce
air, water, or thermal pollution control facilities and solid
waste disposal facilities. It is hereby determined that the
accomplishment of those purposes is essential so that the people
of this state may maintain their present high standards in
comparison with the people of other states and so that
opportunities for improving the economic welfare of the people of
this state, for improving the housing of residents of this state,
and for favorable markets for the products of this state's natural
resources, agriculture, and manufacturing shall be improved; and
that it is necessary for this state to establish the program
authorized pursuant to sections 4928.61 and 4928.62 of the Revised
Code.
SECTION 2. That existing sections 122.075, 123.011, 125.15, 125.834, 1510.04, 4905.90, 4928.01, 4928.57, 4928.58, 4928.61, 4928.62, and 4928.63 of the Revised Code are hereby repealed.
SECTION 3. That Section 203.99 of Am. Sub. H.B. 66 of the 126th General Assembly, as most recently amended by Sub. H.B. 245 of the 126th General Assembly, be amended to read as follows: Sec. 203.99. DEV DEPARTMENT OF DEVELOPMENT General Revenue Fund
GRF | 195-321 | | Operating Expenses | | $ | 2,738,908 | | $ | 2,723,908 | GRF | 195-401 | | Thomas Edison Program | | $ | 17,554,838 | | $ | 17,454,838 | GRF | 195-404 | | Small Business Development | | $ | 1,740,722 | | $ | 1,740,722 | GRF | 195-405 | | Minority Business Development Division | | $ | 1,580,291 | | $ | 1,580,291 | GRF | 195-407 | | Travel and Tourism | | $ | 6,812,845 | | $ | 6,712,845 | GRF | 195-410 | | Defense Conversion Assistance | | $ | 300,000 | | $ | 200,000 | GRF | 195-412 | | Business Development Grants | | $ | 11,750,000 | | $ | 11,750,000 | GRF | 195-415 | | Economic Development Division and Regional Offices | | $ | 5,794,975 | | $ | 5,894,975 | GRF | 195-416 | | Governor's Office of Appalachia | | $ | 4,122,372 | | $ | 4,122,372 | GRF | 195-422 | | Third Frontier Action Fund | | $ | 16,790,000 | | $ | 16,790,000 | GRF | 195-426 | | Clean Ohio Implementation | | $ | 300,000 | | $ | 300,000 | GRF | 195-432 | | International Trade | | $ | 4,223,787 | | $ | 4,223,787 | GRF | 195-434 | | Investment in Training Grants | | $ | 12,227,500 | | $ | 12,227,500 | GRF | 195-436 | | Labor/Management Cooperation | | $ | 811,869 | | $ | 811,869 | GRF | 195-497 | | CDBG Operating Match | | $ | 1,040,956 | | $ | 1,040,956 | GRF | 195-498 | | State Match Energy | | $ | 94,000 | | $ | 94,000 | GRF | 195-501 | | Appalachian Local Development Districts | | $ | 380,080 | | $ | 380,080 | GRF | 195-502 | | Appalachian Regional Commission Dues | | $ | 246,803 | | $ | 246,803 | GRF | 195-507 | | Travel
and Tourism Grants | | $ | 1,287,500 | | $ | 1,162,500 | GRF | 195-515 | | Economic Development Contingency | | $ | 10,000,000 | | $ | 0 | GRF | 195-905 | | Third Frontier Research & Development General Obligation Debt Service | | $ | 0 | | $ | 13,910,000 | GRF | 195-912 | | Job Ready Site Development General Obligation Debt Service | | $ | 0 | | $ | 4,124,400 | TOTAL GRF General Revenue Fund | | $ | 99,797,446 | | $ | 107,491,846 |
General Services Fund Group
135 | 195-605 | | Supportive Services | | $ | 7,450,000 | | $ | 7,539,686 | 5AD | 195-667 | | Investment in Training Expansion | | $ | 5,000,000 | | $ | 5,000,000 | 5AD | 195-668 | | Worker Guarantee Program | | $ | 3,000,000 | | $ | 3,000,000 | 5AD | 195-677 | | Economic Development Contingency | | $ | 0 | | $ | 10,000,000 | 685 | 195-636 | | General Reimbursements | | $ | 1,000,000 | | $ | 1,000,000 | TOTAL GSF General Services Fund | | | | | | | Group | | $ | 16,450,000 | | $ | 26,539,686 |
Federal Special Revenue Fund Group
3AE | 195-643 | | Workforce Development Initiatives | | $ | 5,800,000 | | $ | 5,800,000 | 3K8 | 195-613 | | Community Development Block Grant | | $ | 65,000,000 | | $ | 65,000,000 | 3K9 | 195-611 | | Home Energy Assistance Block Grant | | $ | 90,500,000 | | $ | 90,500,000 | 3K9 | 195-614 | | HEAP Weatherization | | $ | 16,219,478 | | $ | 16,219,478 | 3L0 | 195-612 | | Community Services Block Grant | | $ | 25,235,000 | | $ | 25,235,000 | 3V1 | 195-601 | | HOME Program | | $ | 40,000,000 | | $ | 40,000,000 | 308 | 195-602 | | Appalachian Regional Commission | | $ | 600,660 | | $ | 600,660 | 308 | 195-603 | | Housing and Urban Development | | $ | 5,000,000 | | $ | 5,000,000 | 308 | 195-605 | | Federal Projects | | $ | 15,300,249 | | $ | 15,300,249 | 308 | 195-609 | | Small Business Administration | | $ | 4,296,381 | | $ | 4,296,381 | 308 | 195-618 | | Energy Federal Grants | | $ | 3,397,659 | | $ | 3,397,659 | 335 | 195-610 | | Oil Overcharge | | $ | 3,000,000 | | $ | 3,000,000 | TOTAL FED Federal Special Revenue | | | | | | | Fund Group | | $ | 274,349,427 | | $ | 274,349,427 |
State Special Revenue Fund Group
4F2 | 195-639 | | State Special Projects | | $ | 290,183 | | $ | 290,183 | 4F2 | 195-676 | | Promote Ohio | | $ | 5,228,210 | | $ | 5,228,210 | 4S0 | 195-630 | | Enterprise Zone Operating | | $ | 275,000 | | $ | 275,000 | 4S1 | 195-634 | | Job Creation Tax Credit Operating | | $ | 375,800 | | $ | 375,800 | 4W1 | 195-646 | | Minority Business Enterprise Loan | | $ | 2,580,597 | | $ | 2,580,597 | 444 | 195-607 | | Water and Sewer Commission Loans | | $ | 523,775 | | $ | 523,775 | 450 | 195-624 | | Minority Business Bonding Program Administration | | $ | 53,967 | | $ | 53,967 | 451 | 195-625 | | Economic Development Financing Operating | | $ | 2,358,311 | | $ | 2,358,311 | 5CA | 195-678 | | Shovel Ready Sites | | $ | 5,000,000 | | $ | 5,000,000 | 5CG | 195-679 | | Alternative Fuel Transportation | | $ | 150,000 | | $ | 1,150,000 | 5CV | 195-680 | | Defense Conversion Assistance | | $ | 1,000,000 | | $ | 0 | 5CY | 195-682 | | Lung Cancer and Lung Disease Research | | $ | 10,000,000 | | $ | 0 | 5M4 | 195-659 | | Universal Service | | $ | 210,000,000 | | $ | 210,000,000 | 5M5 | 195-660 | | Advanced Energy Efficiency Loan and Grant Programs | | $ | 12,000,000 | | $ | 12,000,000 | 5X1 | 195-651 | | Exempt Facility Inspection | | $ | 25,000 | | $ | 25,000 | 611 | 195-631 | | Water and Sewer Administration | | $ | 15,713 | | $ | 15,713 | 617 | 195-654 | | Volume Cap Administration | | $ | 200,000 | | $ | 200,000 | 646 | 195-638 | | Low- and Moderate- Income Housing Trust Fund | | $ | 53,000,000 | | $ | 53,000,000 | TOTAL SSR State Special Revenue | | | | | | | Fund Group | | $ | 303,076,556 | | $ | 293,076,556 |
Facilities Establishment Fund Group
009 | 195-664 | | Innovation Ohio | | $ | 50,000,000 | | $ | 50,000,000 | 010 | 195-665 | | Research and Development | | $ | 50,000,000 | | $ | 50,000,000 | 037 | 195-615 | | Facilities Establishment | | $ | 63,931,149 | | $ | 63,931,149 | 4Z6 | 195-647 | | Rural Industrial Park Loan | | $ | 3,000,000 | | $ | 3,000,000 | 5D2 | 195-650 | | Urban Redevelopment Loans | | $ | 5,475,000 | | $ | 5,475,000 | 5H1 | 195-652 | | Family Farm Loan Guarantee | | $ | 1,000,000 | | $ | 1,000,000 | 5S8 | 195-627 | | Rural Development Initiative | | $ | 3,000,000 | | $ | 3,000,000 | 5S9 | 195-628 | | Capital Access Loan Program | | $ | 3,000,000 | | $ | 3,000,000 | TOTAL 037 Facilities | | | | | | | Establishment Fund Group | | $ | 179,406,149 | | $ | 179,406,149 |
Clean Ohio Revitalization Fund
003 | 195-663 | | Clean Ohio Operating | | $ | 350,000 | | $ | 350,000 | TOTAL 003 Clean Ohio Revitalization Fund | | $ | 350,000 | | $ | 350,000 |
Third Frontier Research & Development Fund Group
011 |
195-686 |
|
Third Frontier Operating |
|
$ |
713,028 |
|
$ |
1,932,056 |
011 | 195-687 | | Third Frontier Research & Development Projects | | $ | 100,000,000 | | $ | 100,000,000 |
TOTAL 011 Third Frontier Research & Development Fund Group |
|
$ |
100,713,028 |
|
$ |
101,932,056 |
Job Ready Site Development Fund Group
012 |
195-688 |
|
Job Ready Site Operating |
|
$ |
622,200 |
|
$ |
746,155 |
TOTAL 012 Job Ready Site Development Fund Group |
|
$ |
622,200 |
|
$ |
746,155 |
TOTAL ALL BUDGET FUND GROUPS | | $ | 974,764,806 | | $ | 983,891,875 |
SECTION 4. That existing Section 203.99 of Am. Sub. H.B. 66 of the 126th General Assembly, as most recently amended by Sub. H.B. 245 of the 126th General Assembly, is hereby repealed.
SECTION 5. That Section 203.99.45 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Sub. H.B. 245 of the 126th General Assembly, be amended to read as follows: Sec. 203.99.45. ECONOMIC DEVELOPMENT FINANCING OPERATING The foregoing appropriation item 195-625, Economic
Development
Financing Operating, shall be used for the operating
expenses of
financial assistance programs authorized under Chapter
166. of
the Revised Code and under sections 122.43 and 122.45 of
the
Revised Code. VOLUME CAP ADMINISTRATION The foregoing appropriation item 195-654, Volume Cap
Administration, shall be
used for expenses related
to the
administration of the Volume
Cap
Program. Revenues
received by
the Volume Cap Administration Fund (Fund 617)
shall
consist of
application fees, forfeited deposits, and interest
earned
from the
custodial account held by the Treasurer of State. UNIVERSAL SERVICE FUND The foregoing appropriation item 195-659, Universal Service,
shall be used to provide payments to regulated electric utility companies for low-income customers enrolled in
Percentage of Income Payment Plan (PIPP) electric accounts, to
fund targeted energy efficiency and customer education services to
PIPP customers, and to cover the department's administrative costs
related to Universal Service Fund Programs. SHOVEL READY SITES The foregoing appropriation item 195-678, Shovel Ready Sites, shall be used to administer the Shovel Ready Sites Program under section 122.083 of the Revised Code. ALTERNATIVE FUEL TRANSPORTATION The foregoing appropriation item 195-679, Alternative Fuel Transportation, shall be used by the Director of Development to make grants under the Alternative Fuel Transportation Grant Fund Program in accordance with section 122.075 of the Revised Code, and for administrative costs associated with the program.
TRANSFER OF UNCLAIMED FUNDS TO THE DEFENSE CONVERSION ASSISTANCE FUND FOR BASE REALIGNMENT AND CLOSURE GRANTS
(A) There is hereby created in the State Treasury the Defense Conversion Assistance Fund (Fund 5CV). The fund shall consist of all cash deposited to it pursuant to division (C) of this section.
(B) The foregoing appropriation item 195-680, Defense Conversion Assistance, shall be used by the Director of Development to provide grants to local communities for costs associated with the preparation and redevelopment of military installations in Ohio that are slated for realignment or closure under the United States Department of Defense Base Realignment and Closure Program.
(C) Notwithstanding division (A) of section 169.05 of the Revised Code, upon the request of the Director of Budget and Management, the Director of Commerce, prior to June 30, 2006, shall transfer to the Defense Conversion Assistance Fund (Fund 5CV) $1,000,000 of the unclaimed funds that have been reported by the holders of unclaimed funds under section 169.05 of the Revised Code regardless of the allocation of the unclaimed funds described in that section.
(D) On or before June 30, 2006, the unencumbered balance of the foregoing appropriation item 195-680, Defense Conversion Assistance, for fiscal year 2006 is hereby appropriated for the same purpose for fiscal year 2007. LUNG CANCER AND LUNG DISEASE RESEARCH
The foregoing appropriation item 195-682, Lung Cancer and Lung Disease Research, shall be used by the Director of Development to promote lung cancer and lung disease research.
ADVANCED ENERGY EFFICIENCY REVOLVING LOAN FUND The foregoing appropriation item 195-660, Advanced Energy Efficiency
Loan and Grant Programs, shall be used to provide financial assistance to
customers for eligible energy efficiency advanced energy projects for residential,
commercial and industrial business, local government, educational
institution, nonprofit, and agriculture customers, and to pay for
the program's administrative costs as provided in the Revised Code
and rules adopted by the Director of Development. TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN FUND TO THE INDUSTRIAL SITE IMPROVEMENTS FUND
Notwithstanding Chapters 122. and 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $2,500,000 in cash in fiscal year 2006 and $2,500,000 in cash in fiscal year 2007 from the Advanced Energy Efficiency Revolving Loan Fund (Fund 5M5) to the Industrial Site Improvements Fund (Fund 5AR).
Moneys in Fund 5AR, Industrial Site Improvements, shall be used by the Director of Development to make grants to eligible counties for the improvement of commercial or industrial areas within those counties under section 122.951 of the Revised Code.
TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN FUND TO THE RAIL TRANSLOAD FACILITIES FUND Notwithstanding Chapters 122. and 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $500,000 in cash in fiscal year 2006 from the Advanced Energy Efficiency Revolving Loan Fund (Fund 5M5) in the Department of Development to the Rail Transload Facilities Fund (Fund 5CF) in the Department of Transportation.
TRANSFER FROM THE ADVANCED ENERGY EFFICIENCY REVOLVING LOAN FUND TO THE ALTERNATIVE FUEL TRANSPORTATION GRANT FUND
Notwithstanding Chapter 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $150,000 in cash in fiscal year 2006 and $1,150,000 in cash in fiscal year 2007 from the Advanced Energy Efficiency Revolving Loan Fund (Fund 5M5) to the Alternative Fuel Transportation Grant Fund (Fund 5CG). TRANSFER FROM THE ADVANCED ENERGY FUND TO THE ADMINISTRATIVE BUILDING FUND
Notwithstanding Chapter 4928. of the Revised Code and any other law to the contrary, the Director of Budget and Management shall transfer $3,600,000 in cash in fiscal year 2007 from the Advanced Energy Fund (Fund 5M5) in the Department of Development to the Administrative Building Fund (Fund 026). The cash shall thereafter be credited to appropriation item CAP-835, Energy Conservation Projects, under the budget of the Department of Administrative Services. GLOBAL ANALYST SETTLEMENT AGREEMENTS PAYMENTS All payments received by the state pursuant to a series of settlements with ten brokerage firms reached with the United States Securities and Exchange Commission, the National Association of Securities Dealers, the New York Stock Exchange, the New York Attorney General, and other state regulators (henceforth referred to as the "Global Analysts Settlement Agreements"), shall be deposited into the state treasury to the credit of the Economic Development Contingency Fund (Fund 5Y6), which is hereby created in the state treasury. The fund shall be used by the Director of Development to support economic development projects for which appropriations would not otherwise be available, and shall be subject to the submission of a request to the Controlling Board by the Director outlining the planned use of the funds, and the subsequent approval of the request by the Controlling Board.
SECTION 6. That existing Section 203.99.45 of Am. Sub. H.B. 66 of the 126th General Assembly, as amended by Sub. H.B. 245 of the 126th General Assembly, is hereby repealed.
SECTION 7. That Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly, be amended to read as follows: Sec. 235.30. DAS DEPARTMENT OF ADMINISTRATIVE SERVICES
CAP-809 | | Hazardous Substance Abatement | | $ | 1,609,476 |
CAP-811 | | Health/EPA Laboratory Facilities | | $ | 1,116,354 |
CAP-822 | | Americans with Disabilities Act | | $ | 1,598,416 |
CAP-826 | | Office Services Building Renovation | | $ | 86,483 |
CAP-827 | | Statewide Communications System | | $ | 16,943,803 |
CAP-834 | | Capital Project Management System | | $ | 1,157,600 |
CAP-835 | | Energy Conservation Projects | | $ | 890,085 4,490,085 |
CAP-837 | | Major Computer Purchases | | $ | 1,476,068 |
CAP-838 | | SOCC Renovations | | $ | 1,399,122 |
CAP-844 | | Hamilton State/Local Government Center -
Planning | | $ | 57,500 |
CAP-849 | | Facility Planning and Development | | $ | 3,492,200 |
CAP-850 | | Education Building Renovations | | $ | 14,649 |
CAP-852 | | North High Building Complex Renovations | | $ | 11,534,496 |
CAP-855 | | Office Space Planning | | $ | 5,274,502 |
CAP-856 | | Governor's Residence Security Update | | $ | 6,433 |
CAP-859 | | eSecure Ohio | | $ | 2,626,921 | CAP-860 | | Structured Cabling | | $ | 403,518 |
CAP-864 | | eGovernment Infrastructure | | $ | 1,297,400 | CAP-865 | | DAS Building Security | | $ | 140,852 | CAP-866 | | OH*1 Network | | $ | 4,000,000 | CAP-867 | | Lausche Building Connector | | $ | 1,307,200 | CAP-868 | | Riversouth Development | | $ | 18,500,000 |
Total Department of Administrative Services | | $ | 74,933,078 78,533,078 |
HAZARDOUS SUBSTANCE ABATEMENT IN STATE FACILITIES The foregoing appropriation item CAP-809, Hazardous Substance
Abatement, shall be used to fund the removal of asbestos, PCB,
radon gas, and other contamination hazards from state facilities. Prior to the release of funds for asbestos abatement, the
Department of Administrative Services shall review proposals from
state agencies to use these funds for asbestos abatement projects
based on criteria developed by the Department of Administrative
Services. Upon a determination by the Department of
Administrative
Services that the requesting agency cannot fund the
asbestos
abatement project or other toxic materials removal
through
existing capital and operating appropriations, the
Department may
request the release of funds for such projects by
the Controlling
Board. State agencies intending to fund asbestos
abatement or
other toxic materials removal through existing
capital and
operating appropriations shall notify the Director of
Administrative Services of the nature and scope prior to
commencing the project. Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are
eligible to receive funding from this item. Public school
districts are not eligible.
IMPLEMENTATION OF AMERICANS WITH DISABILITIES ACT The foregoing appropriation item CAP-822, Americans with
Disabilities Act, shall be used to renovate state-owned facilities
to provide access for physically disabled persons in accordance
with Title II of the Americans with Disabilities Act. Prior to the release of funds for renovation, state agencies
shall
perform self-evaluations of state-owned facilities
identifying
barriers to access to service. State agencies shall
prioritize
access barriers and develop a transition plan for the
removal of
these barriers. The Department of Administrative
Services shall
review proposals from state agencies to use these
funds for
Americans with Disabilities Act renovations. Only agencies that have received appropriations for capital
projects from the Administrative Building Fund (Fund 026) are eligible
to receive funding from this item. Public school districts are
not
eligible. MARCS STEERING COMMITTEE AND STATEWIDE COMMUNICATIONS SYSTEM There is hereby continued a Multi-Agency Radio Communications
System (MARCS) Steering Committee consisting of the designees of
the
Directors of the Office of Information Technology, Public Safety, Natural
Resources, Transportation, Rehabilitation and Correction, and
Budget and Management. The Director of the Office of Information Technology or
the Director's designee shall chair the Committee. The Committee
shall provide assistance to the Director of the Office of Information Technology for effective and efficient implementation of the MARCS
system as well as develop policies for the ongoing management of
the system. Upon dates prescribed by the Directors of
the Office of Information Technology and Budget and Management, the MARCS
Steering Committee shall report to the Directors on the
progress
of MARCS implementation and the development of policies
related to
the system. The foregoing appropriation item CAP-827, Statewide
Communications
System, shall be used to purchase or construct the
components of
MARCS that are not
specific to any one agency. The
equipment may include, but is not
limited to, multi-agency
equipment at the Emergency Operations
Center/Joint Dispatch
Facility, computer and telecommunication
equipment used for the
functioning and integration of the system,
communications towers,
tower sites, tower equipment, and
linkages among towers and
between towers and the State of Ohio
Network for Integrated
Communication (SONIC) system. The Director
of the Office of Information Technology shall, with the concurrence of the
MARCS Steering
Committee, determine the specific use of funds.
The amount reappropriated for the foregoing appropriation item CAP-827, Statewide Communications System, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-827, Statewide Communications System, plus $623,665.11. Spending from this appropriation item shall not be subject to
Chapters 123. and 153. of the Revised Code. ENERGY CONSERVATION PROJECTS The foregoing appropriation item CAP-835, Energy Conservation
Projects, shall be used to perform energy conservation
renovations, including the United States Environmental Protection
Agency's Energy Star Program, in state-owned facilities. Prior to
the release of funds for renovation, state agencies shall have
performed a comprehensive energy audit for each project. The
Department of Administrative Services shall review and approve
proposals from state agencies to use these funds for energy
conservation.
Public school districts and state-supported and
state-assisted
institutions of higher education are not eligible
for funding from
this item.
The amount reappropriated for the foregoing appropriation item CAP-835, Energy Conservation Projects, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-835, Energy Conservation Projects, plus $3,600,000. NORTH HIGH BUILDING COMPLEX RENOVATIONS The amount reappropriated for the foregoing appropriation item CAP-852, North High Building Complex Renovations, is the unencumbered and unallotted balance as of June 30, 2006, in appropriation item CAP-852, North High Building Complex Renovations, plus the sum of the unencumbered and unallotted balance for appropriation item CAP-813, Heer Building Renovation as of June 30, 2006.
SECTION 8. That existing Section 235.30 of Am. Sub. H.B. 530 of the 126th General Assembly is hereby repealed.
SECTION 9. The Ohio School Facilities Commission shall study the U.S. Green Building Council's "LEED for Schools" Rating System and shall issue a written report to the General Assembly not later than October 1, 2007, comparing that system to applicable standards set forth in the Commission's most current Ohio School Design Manual. SECTION 10. (A) Except as otherwise specifically provided in division (B) of this section, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments are composed, are subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1c and section 1.471 of the Revised Code, the amendment or enactment of the sections of law contained in this act, and the items of law of which the amendments or enactments are composed, take effect on the ninety-first day after this act is filed with the Secretary of State. If, however, a referendum petition is filed against any such amendment or enactment, or against any item of law of which any such amendment or enactment is composed, the amendment or enactment, or item, unless rejected at the referendum, takes effect at the earliest time permitted by law.
(B) The amendment or enactment by this act of the sections of law listed in this division, and the items of law of which the amendments or enactments are composed, are not subject to the referendum. Therefore, under Ohio Constitution, Article II, Section 1d and section 1.471 of the Revised Code, the amendments or enactments, and the items of law of which the amendments or enactments are composed, go into immediate effect when this act becomes law.
Sections 122.075, 4928.01, 4928.57, 4928.58, 4928.61, 4928.62, and 4928.63 of the Revised Code.
Sections 3, 4, 5, 6, and 10 of this act.
|