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H. B. No. 487 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representative McGregor, J.
A BILL
To amend section 1571.01 and to enact sections
1572.01, 1572.02, 1572.03, 1572.04,
1572.05,
1572.06, 1572.07, 3706.31, 3706.32,
3706.33,
3706.34,
3706.35, 3706.36, 4928.64,
4928.65,
4928.66, 4928.68, and 5501.452 of
the
Revised
Code to establish alternative energy
benchmarks
for
electric distribution utilities and electric
services companies,
provide for
the use of
renewable energy credits, establish
energy
efficiency standards for electric
distribution
utilities and require the Department
of
Development to establish energy efficiency
programs, create the Ohio
Renewable Energy
Authority
to provide loans and
grants to
renewable energy
businesses,
establish policies
regarding the geologic storage
of carbon dioxide,
and require greenhouse gas emission reporting and
carbon control planning for generating facilities.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1571.01 be amended and sections
1572.01, 1572.02, 1572.03, 1572.04,
1572.05, 1572.06, 1572.07,
3706.31, 3706.32, 3706.33, 3706.34,
3706.35, 3706.36, 4928.64,
4928.65, 4928.66, 4928.68, and 5501.452 of the
Revised
Code be
enacted to read as follows:
Sec. 1571.01. As used in this chapter,
unless other
meaning
is clearly indicated in the context:
(A) "Gas storage reservoir" or "storage reservoir" or
"reservoir" means a continuous area of a subterranean porous
sand
or rock stratum or strata, any part of which or of the
protective
area of which, is within a coal bearing township,
into which gas
is or may be injected for the purpose of storing
it therein and
removing it therefrom, or for the purpose of
testing whether such
stratum is suitable for such storage
purposes.
(B) "Gas" means any natural, manufactured, or by-product gas
or
any mixture thereof, but does not include carbon dioxide
regulated under Chapter 1572. of the Revised Code.
(C) "Reservoir operator" or "operator," when used in
referring
to the operator of a gas storage reservoir, means a
person who
is engaged in the work of preparing to inject, or who
injects
gas into, or who stores gas in, or who removes gas from, a
gas
storage reservoir, and who owns the right to do so.
(D)(1) "Boundary," when used in referring to the boundary of
a gas storage reservoir, means the boundary of such reservoir as
shown on the map or maps thereof on file in the division
of
mineral resources management as
required by this chapter.
(2) "Boundary," when used in referring to the boundary of a
reservoir protective area, means the boundary of such reservoir
protective area as shown on the map or maps thereof on file in
the
division as required by this chapter.
(E) "Reservoir protective area" or "reservoir's protective
area" means the area of land outside the boundary of a gas
storage
reservoir shown as such on the map or maps thereof on
file in the
division as required by this chapter. The area of
land shown on
such map or maps as such reservoir protective area shall be
outside the boundary of such reservoir, and shall encircle
such
reservoir and touch all parts of the boundary of such reservoir,
and no
part of the outside boundary of such protective area
shall
be less than two thousand nor more than five thousand
linear feet
distant from the boundary of such reservoir.
(F) "Coal bearing township" means a township designated as a
coal bearing township by the chief of the division of mineral
resources
management as required by section
1561.06 of the Revised
Code.
(G) "Coal mine" means the underground excavations of a mine
that are being used or are usable or are being developed
for use
in connection with the extraction of coal from its natural
deposit
in the earth. "Underground excavations," when used in
referring to
the underground excavations of a coal mine,
includes the abandoned
underground excavations of such mine. It
also includes the
underground excavations of an abandoned coal
mine if such
abandoned mine is connected with underground
excavations of a coal
mine. "Coal mine" does not mean or
include:
(1) A mine in which coal is extracted from its natural
deposit
in the earth by strip or open pit mining methods or by
other
methods by which individuals are not required to go
underground
in connection with the extraction of coal from its
natural
deposit in the earth;
(2) A mine in which not more than fourteen individuals are
regularly employed underground.
(H) "Operator," when used in referring to the operator of
a
coal mine, means a person who engages in the work of developing
such mine for use in extracting coal from its natural deposit in
the earth, or who so uses such mine, and who owns the right to
do
so.
(I) "Boundary," when used in referring to the boundary of
a
coal mine, means the boundary of the underground excavations of
such mine as shown on the maps of such mine on file in the
division as required by sections
1563.03 to 1563.05 and
1571.03 of
the Revised Code.
(J) "Mine protective area" or "mine's protective area"
means
the area of land that the operator of a coal mine
designates and
shows as such on the map or maps of such coal mine filed
with the
division as required by sections 1563.03 to
1563.05 and
1571.03 of
the Revised Code.
Such area of land shall be outside of the
boundary of such coal
mine, but some part of the boundary of such
area of land shall
abut upon a part of the boundary of such coal
mine. Such area
of land shall be comprised of such tracts of land
in which such
coal mine operator owns the right to extract coal
therefrom by
underground mining methods and in which underground
excavations
of such coal mine are likely to be made within the
ensuing year
for use in connection with the extraction of coal
therefrom.
(K) "Pillar" means a solid block of coal or other material
left
unmined to support the overlying strata in a coal mine, or to
protect a well.
(L) "Retreat mining" means the removal of pillars and ribs
and
stumps and other coal remaining in a section of a coal mine
after the development mining has been completed in such section.
(M) "Linear feet," when used to indicate distance between
two
points that are not in the same plane, means the length in
feet
of
the shortest horizontal line that connects two lines
projected
vertically upward or downward from the two
points.
(N) "Map" means a graphic representation of the location
and
size of the existing or proposed items it is made to represent,
accurately drawn according to a given scale.
(O) "Well" means any hole, drilled or bored, or being
drilled
or bored, into the earth, whether for the purpose of, or whether
used for:
(1) Producing or extracting any gas or liquid mineral, or
natural or artificial brines, or oil field waters;
(2) Injecting gas into or removing gas from an underground
gas
storage reservoir;
(3) Introducing water or other liquid pressure into an oil
bearing sand to recover oil contained in such sand,
provided that
"well" does not mean a hole drilled or bored, or being
drilled or
bored, into the earth, whether for the purpose of, or
whether used
for, producing or extracting potable water to be
used as such.
(P) "Testing" means injecting gas into, or storing gas in
or
removing gas from, a gas storage reservoir for the sole purpose
of
determining whether such reservoir is suitable for use as a
gas
storage reservoir.
(Q) "Casing" means a string or strings of pipe commonly
placed
in a well.
(R) "Inactivate" means to shut off temporarily all flow of
gas from a well at a point below the horizon of the coal mine
that
might be affected by such flow of gas, by means of a plug or
other
suitable device or by injecting water, bentonite, or some
other
equally nonporous material into the well, or any other
method
approved by the mineral resources
inspector.
(S) "Gas storage well inspector" means the gas storage
well
inspector in the division.
(T) The verb "open" or the noun "opening," when used in
clauses
relating to the time when a coal mine operator intends to
open a
new coal mine, or the time when a new coal mine is opened,
or
the time of the opening of a new coal mine, or when used in
other similar clauses to convey like meanings, means that time
and
condition in the initial development of a new coal mine when
the
second opening required by section 1563.14 of the
Revised
Code is
completed in such mine.
Sec. 1572.01. As used in sections 1572.01 to 1572.07 of the
Revised Code:
(A) "Carbon dioxide" means anthropogenically sourced carbon
dioxide of sufficient purity and quality as not to compromise the
safety and efficiency of an underground reservoir to contain the
carbon dioxide effectively.
(B) "Geologic storage" means the permanent or short-term
underground storage of carbon dioxide in an underground reservoir.
(C) "Storage facility" means the underground reservoir,
underground equipment, and surface buildings and equipment
utilized in the subsurface storage of carbon dioxide, excluding
any pipelines used to transport the carbon dioxide from one or
more capture facilities to the storage facility. "Storage
facility" may include an enhanced oil recovery or natural gas
operation.
(D) "Storage operator" means an individual, corporation,
partnership, limited liability company, or other entity authorized
by the division of mineral resources management to operate a
storage facility in this state.
(E) "Underground reservoir" means a subsurface sedimentary
stratum, formation, aquifer, cavity, or void, naturally or
artificially created, including, but not limited to, an oil or
natural gas reservoir, saline formation, or coal seam suitable or
capable of being made suitable for the injection and storage of
carbon dioxide. "Underground reservoir" includes any necessary and
reasonable areal buffer and subsurface monitoring zone designated
by the division of mineral resources management for the purposes
of ensuring the safe and efficient operation of a storage facility
and protecting against pollution and the invasion, escape, or
migration of carbon dioxide.
Sec. 1572.02. (A) The division of mineral resources
management has exclusive authority to regulate the geologic
storage of carbon dioxide in this state and shall administer the
geologic carbon dioxide storage program established in sections
1572.01 to 1572.07 of the Revised Code.
(B) A person seeking to operate a storage facility in this
state shall apply for a permit to do so from the chief of the
division of mineral resources management in accordance with rules
adopted under section 1572.03 of the Revised Code. The chief shall
issue such a permit only if all of the following apply:
(1) The storage facility is suitable and feasible for the
injection and storage of carbon dioxide.
(2) A good faith effort has been made by the applicant to
obtain the consent of a majority of the owners of property
interests that will be affected by the storage facility, and the
applicant has obtained remaining property interests in accordance
with section 1572.04 of the Revised Code.
(3) The use of the storage facility for the geologic storage
of carbon dioxide will not contaminate resources containing fresh
water, oil, natural gas, coal, or other commercial mineral
deposits.
(4) The storage will not unduly endanger human health and the
environment.
In issuing a permit under this section, the chief may include
terms and conditions in the permit that the chief determines to be
necessary.
(C) With respect to each parcel of property that is affected
by the issuance of a permit under division (B) of this section,
the chief shall cause a copy of the permit to be filed and
recorded in the office of the county recorder of the county in
which the parcel is located.
(D) Prior to injecting any carbon dioxide into a storage
facility pursuant to a permit issued under this section, the
storage operator shall cause to be filed and recorded in the
office of the applicable county recorder and with the division of
mineral resources management a statement that the storage operator
has acquired by purchase, lease, eminent domain, or otherwise all
of the necessary property rights with respect to the storage
facility that is the subject of the permit. The filing shall
include the date on which carbon dioxide will commence being
injected into the storage facility.
Sec. 1572.03. The chief of the division of mineral resources
management shall adopt rules in accordance with Chapter 119. of
the Revised Code that do all of the following:
(A) Establish application procedures for permits issued under
section 1572.02 of the Revised Code and procedures for the
issuance or denial of an application for a permit. The rules shall
establish the amount of the application fee that shall be
submitted with the application. All money collected from the
application fees shall
be deposited to the credit of the carbon
dioxide storage facility trust fund created in section 1572.06 of
the Revised Code.
(B) Establish requirements applicable to storage operators
for obtaining the approval of the chief prior to appropriating
property interests under section 1572.04 of the Revised Code;
(C) Establish financial assurance requirements for the proper
maintenance, well plugging, and abandonment of a storage facility
by a storage operator and to protect the storage facility against
pollution and the invasion, escape, or migration of carbon
dioxide. The financial assurance requirements may include a
requirement that a storage operator purchase a surety bond or
other financial surety.
(D) Establish penalties and procedures for the enforcement of
sections 1572.01 to 1572.07 of the Revised Code and rules adopted
under those sections, including civil penalties that may be
imposed on any person violating any provision of sections 1572.01
to 1572.07 of the Revised Code or of rules adopted or terms and
conditions of a permit issued under those sections. All civil
penalties collected under this
section shall be deposited in the
state treasury to the credit of
the carbon dioxide storage
facility trust fund.
(E) Establish the amount of a fee to be charged by the
division of mineral resources management and paid by a storage
operator for each ton of carbon dioxide that is injected into a
storage facility by the storage operator. The rules shall require
that the proceeds from the fee be deposited
to the credit of the
carbon dioxide storage facility trust fund
created in section
1572.06 of the Revised Code.
(F) Establish closure requirements applicable to storage
facilities upon the completion of carbon dioxide injection
operations at a storage facility. The rules shall require the
division to issue a certificate of completion of injection
operations upon the termination of carbon dioxide injection at a
storage facility and the successful closure of the storage
facility. Additionally, the rules shall require that not later
than ten years, or another time frame specified by rule, after the
issuance of a certificate, upon a showing by the storage operator
that the storage facility is reasonably expected to retain its
mechanical integrity and remain emplaced, the ownership of the
storage facility shall transfer to this state. The rules also
shall provide that, upon transfer of ownership, the storage
operator, and any generator of carbon dioxide that was injected
into the storage facility by the storage operator, shall be
released from liability with respect to the storage facility and
that any long-term monitoring or remediation of any leakage at the
storage facility shall become the responsibility of this state.
(G) Establish a long-term monitoring program for the purposes
of the monitoring of storage facilities, remediation of mechanical
problems associated with storage facilities and surface
infrastructure, repair of mechanical leaks at storage facilities,
and plugging and abandonment of wells that are associated with
storage facilities;
(H) Establish procedures for allowing the conversion of
enhanced recovery of oil or natural gas operations into a storage
facility;
(I) Establish any other requirements or procedures that are
determined necessary by the chief in order to implement sections
1572.01 to 1572.07 of the Revised Code.
Sec. 1572.04. (A) Subject to rules adopted under section
1572.03 of the Revised Code, a storage operator may appropriate,
in the manner provided in sections 163.01 to 163.22 of the Revised
Code, surface and subsurface rights and interests in land,
including easements and rights-of-way, that are necessary for both
of the following:
(1) The operation of a storage facility;
(2) The transporting of carbon dioxide among facilities
constituting a storage facility.
(B) Notwithstanding division (A) of this section, no property
rights in a storage facility shall be acquired pursuant to that
division.
Sec. 1572.05. The director of natural resources may enter
into cooperative agreements with the federal government and other
states that the division of mineral resources management
determines to be necessary for the purpose of regulating carbon
dioxide storage projects.
Sec. 1572.06. There is hereby created in the state treasury
the carbon dioxide storage facility trust fund to be administered
by the division of mineral resources management. The fund shall
consist of the proceeds of the fees established in rules adopted
under section 1572.03 of the Revised Code. Money in the fund shall
be used by the division for both of the following purposes:
(A) The administration of sections 1572.01 to 1572.07 of the
Revised Code;
(B) Funding for the long-term monitoring of storage
facilities as provided in rules adopted under section 1572.03 of
the Revised Code.
Sec. 1572.07. Nothing in sections 1572.01 to 1572.07 of the
Revised Code or rules adopted under those sections applies to the
use of carbon dioxide as part of or in conjunction with any
enhanced recovery of oil or natural gas where the sole purpose of
the project is the recovery of oil or natural gas.
Sec. 3706.31. (A) As used in sections 3706.31 to 3706.36 of
the Revised Code:
(1)
"Renewable energy business" means a person that engages
in the business of generating electricity using renewable energy
facilities, in the business of manufacturing equipment for
renewable energy
facilities, or in the business of researching
and
developing such
equipment or facilities.
(2) "Renewable energy facility" means any technology or
structure that
generates electricity using solely or primarily
renewable energy
resources.
(3) "Renewable energy resource" means solar photovoltaic
energy, solar thermal energy, wind energy, hydropower, geothermal
energy, municipal solid waste, biomass energy, biologically
derived methane gas, and energy
derived from byproducts of the
pulping process or wood
manufacturing process including bark,
wood chips, sawdust, and
lignin in spent pulping liquors.
(B) Sections 3706.01 to 3706.21 and 3706.99 of the Revised
Code do not apply to sections 3706.31 to 3706.36 of the Revised
Code.
Sec. 3706.32. (A) There is hereby created the Ohio renewable
energy authority, a body corporate and politic, performing
essential governmental functions of this state.
(B) The authority shall consist of eleven members as follows:
three members appointed by the governor, not more than two of whom
shall be members of the same political party, three members
appointed by the speaker of the house of representatives, not more
than two of whom shall be members of the same political party,
three members appointed by the president of the senate, not more
than two of whom shall be members of the same political party, and
two nonvoting members appointed by the Ohio board of regents to
represent Ohio colleges and universities.
Initial members of the authority shall be appointed by August
1, 2008. The terms of the members first appointed by the board of
regents shall expire on June 30, 2010. The term of one of the
members first appointed by the governor shall expire on that date,
with the terms of the other two members appointed by the governor
expiring on June 30, 2012.
The terms of one of the members first
appointed each by the
speaker of the house of representatives and
the president of the senate shall expire on June 30,
2010, with
the terms of the other four members appointed by the speaker and
the president expiring on June
30, 2011. Otherwise, members'
terms of office shall be for two
years, commencing on the first
day of July and ending on the
thirtieth day of June. Each member
shall hold office from the date
of appointment until the end of
the term for which the member was
appointed. A member appointed
to fill a vacancy occurring prior to
the expiration of the term
for which the member's predecessor was
appointed shall hold
office for the remainder of such term. A
member shall continue in
office subsequent to 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.
A member is
eligible for reappointment.
(C) The appointing authority may remove a member at any time
for misfeasance, nonfeasance, or malfeasance in office. In
addition, by affirmative vote of six voting members, a member may
be removed for malfeasance or misfeasance in office, for failing
to attend authority meetings regularly, or for any cause that
renders the member incapable or unfit to discharge the duties of
the member or the authority.
(D) The members shall elect a chairperson, vice-chairperson,
and secretary from among its voting members. A majority of the
voting members shall constitute a quorum, except that the
authority may require a vote of six voting members for an action
the authority shall specify in its bylaws or otherwise in writing.
No vacancy in the membership shall impair the right of a quorum
by such vote to exercise all the rights and perform all the duties
of the authority. The authority may establish subcommittees from
among its members, which subcommittees shall exercise any power or
duty of the authority that the authority shall delegate in
writing. The authority shall meet at least six times per year, and
shall meet at such other times as it considers appropriate or upon
the call of the chairperson or the written request of a majority
of its voting members. The authority shall determine the location
of its offices.
(E) Members of the authority and authority employees shall
file financial disclosure statements under section 102.02 of the
Revised Code.
Sec. 3706.33. (A) The Ohio renewable energy authority may:
(1) Adopt bylaws for the regulation of its affairs and the
conduct of its business;
(2) Adopt an official seal;
(3) Maintain a principal office and suboffices at such places
within this state as it designates;
(4) Sue and plead in its own name and be sued and impleaded
in
its own name with respect to its contracts or the torts of its
members, employees, or agents acting within the scope of their
employment. Any such actions against the authority shall be
brought in the court of common pleas of the county in which the
principal office of the authority is located, or in the court of
common pleas of the county in which the cause of action arose,
provided that county is located within this state. All
summonses,
exceptions, and notices of every kind shall be served
on the
authority by leaving a copy at the authority's principal
office
with the person in charge or with the secretary of the
authority.
(5) Acquire by gift or purchase, hold, and dispose of real
and personal property in the exercise of the powers of the
authority and the performance of its duties under sections 3706.31
to 3706.35 of the Revised Code;
(6) Make and enter into all contracts and agreements and
execute all instruments necessary or incidental to the performance
of its duties and the execution of its powers under sections
3706.31 to 3706.35 of the Revised Code;
(7) Receive and accept from any federal agency, subject to
the approval of the governor, grants for or in aid of renewable
energy development and investment, and receive and accept aid or
contributions from any source of money, property, labor, or other
things of value, to be held, used, and applied only for the
purposes for which those grants and contributions are made;
(8) Provide coverage for its employees under Chapters 4123.
and 4141. of the Revised Code;
(9) Do all acts necessary or proper to carry out the powers
expressly granted in sections 3706.31 to 3706.35 of the Revised
Code.
(B)(1) All minutes, resolutions, and official decisions of
the authority shall be recorded, and a book of minutes,
resolutions, and official decisions shall be authenticated by the
signature
of the authority secretary. The book of minutes,
resolutions, and
official
decisions, as well as any report or
financial statement
of the
authority, shall be public records
under section 149.43 of
the
Revised Code. One copy of the book
shall be sent annually to
the
governor.
(2) Annually, the authority shall submit a report to the
general assembly pursuant to section 101.68 of the Revised Code,
to
the director of development, and to the governor regarding the
authority's financial assistance program under section 3706.35 of
the Revised Code, job development prospects in this state, and
other information.
(C)(1) The authority shall be exempt from the levy of any
real and
personal property taxes upon any property of the
authority
acquired and used for its offices.
(2) The exemptions specified in division (C)(1) of this
section shall not extend to persons or entities conducting
business on the authority's property, for which payment of state
and local taxes would otherwise be required.
(D) Nothing in sections 3706.31 to 3706.36 of the Revised
Code authorizes the authority to sell the authority or any of its
property or other
assets or to merge the authority with another
entity, without the
prior approval of the general assembly.
Sec. 3706.34. (A) There is hereby created the renewable
energy development and investment fund, which shall be in the
custody of the treasurer of state but shall not be part of the
state treasury. The fund shall consist of money transferred to it
pursuant to divisions (C) and (D) of this section and revenue from
alternative energy compliance payments under division (C) of
section 4928.64 and forfeitures under section 4928.66 of the
Revised Code. Interest on the
fund shall
be derived by the
investment of the fund balance only
in money
market accounts and
shall be deposited to the credit of
the fund.
(B) The fund shall be used by the Ohio renewable energy
authority to provide financial assistance as authorized under
division (A) of
section 3706.35 of the Revised Code. In addition,
not more than
six per cent of the annual transfer to the fund
shall be used for
administrative purposes, including for office
space, office
equipment and furnishings, service contracts,
member and employee
compensation, and member or employee expenses
as shall be
specified in the authority bylaws, including but not
limited to, mileage and
any other reasonable expenses of members
in attending authority or
authority subcommittee meetings, and
any filing fee for the
financial disclosure statements required
by section 3706.32 of the
Revised Code. The authority shall set
the compensation of its
members and employees, but the combined
compensation and expenses paid to a
member shall not exceed
twenty thousand dollars per year.
(C) Immediately after the initial member appointments are
made pursuant to section 3706.32 of the Revised Code, the
treasurer of state shall transfer two and one-half million dollars
from the
state general revenue fund to the renewable energy
development and
investment fund. The treasurer shall so transfer
ten million
dollars in calendar year 2009.
(D) Each year beginning in 2010, the tax commissioner shall
consult with the director of development and the authority to
estimate the number of state income tax taxpayers that are
employed by renewable energy businesses in that year. From that
information, the tax commissioner shall estimate the amount of
state income tax revenue that is generated during that year from
those taxpayers, using any method the commissioner determines
appropriate, such as the North American industry classification
system codes, estimated state income tax withholdings, or any
other reasonable process or method. The method shall be consistent
from year to year. The tax commissioner may contract with any
person to assist in deriving the taxpayer and tax revenue
estimates required by this division. Subsequently, the tax
commissioner shall certify the
difference in such estimated tax
revenue generated during the year compared
to baseline year 2009.
If the certified amount in any year is ten
million dollars or
more, the treasurer of state in that year shall
transfer an
amount equal to the certified amount from the state
general
revenue fund to the renewable energy development and
investment
fund. If the amount is less than ten million dollars,
the
treasurer shall so transfer ten million dollars.
Sec. 3706.35. (A) The Ohio renewable energy authority shall
adopt a mission statement that shall govern its award of financial
assistance provided pursuant to this division. That assistance
shall be entirely directed at
identifying, promoting, nurturing,
and expanding job opportunities
in renewable energy businesses
located in this state and shall
consist of grants, loans, loan
guarantees, awards, or other forms
of assistance provided to
those businesses. The authority shall
specify the terms and
conditions, if any, for the repayment of the
assistance it
provides under this section and shall incorporate
those terms and
conditions into a repayment agreement that a
recipient of the
assistance shall sign.
(B)
The authority shall maintain accounting records in
accordance with generally accepted accounting principles and other
required accounting standards and shall prepare a financial
statement not later than ninety days after the close of the fiscal
period. The financial statement shall be subject to audit by the
auditor of state.
(C) The authority shall develop policies and guidelines for
the administration of its financial assistance program under
division (A) of this section and
annually shall conduct
at least
one public hearing to obtain input
from any interested
party
regarding the administration of the
program. The hearing
shall
be held at such time and place as the
authority determines and
only when a quorum of the authority is
present.
Sec. 3706.36. The Ohio renewable energy authority shall
terminate on June 30, 2018, at which time the terms of office of
the authority's members, as well as the employment of the
authority's employees except as necessary to close the affairs and
offices of the authority, shall terminate, and the authority shall
cease
to exist, unless the authority and those terms and
employment are
extended by an act of the general assembly. Upon
that expiration,
all property, money, and other assets of the
authority hereby
belong to this state, the obligations of the
authority become
obligations of this state, and the treasurer of
state shall
transfer to the general revenue fund the unused
balances of the
renewable energy development and investment fund
created under
section 3706.34 of the Revised Code. Nothing in
sections 3706.31
to 3706.36 of the
Revised Code abrogates or
shall authorize the
abrogation of any
financial assistance
provided by the authority
prior to its
expiration under this
section or any related
agreement entered
into by the authority
prior to that date.
Sec. 4928.64. (A) As used in sections 4928.64 to 4928.66 of
the Revised Code:
(1) "Advanced energy resource" means a
distributed
generation system consisting of customer cogeneration of
electricity and thermal output primarily to meet the energy needs
of the customer's facilities, clean coal technology, nuclear
technology, or energy efficiency, including demand-side
management.
(2) "Alternative energy" means energy from advanced energy
resources or from renewable energy resources or both.
(3) "Hydropower" means energy produced by a hydroelectric
generating facility that is located at a dam within or on the
border of this state and meets all of the following standards:
(a) The facility provides for river flows that are not
detrimental for fish, wildlife, and water quality, including
seasonal flow fluctuations as defined by the applicable licensing
agency for the facility.
(b) The facility demonstrates that it complies with the water
quality standards of this state, which compliance may consist of
certification under Section 401 of the "Clean Water Act of 1977,"
91 Stat. 1598, 1599, 33 U.S.C. 1341, and demonstrates that it has
not contributed to a finding by this state that the river has
impaired water quality under Section 303(d) of the "Clean Water
Act of 1977," 114 Stat. 870, 33 U.S.C. 1313.
(c) The facility complies with mandatory prescriptions
regarding fish passage as required by the federal energy
regulatory commission license issued for the project, regarding
fish protection for riverine, anadromous, and catadromus fish.
(d) The facility complies with the recommendations of the
Ohio environmental protection agency and with the terms of its
federal energy regulatory commission license regarding watershed
protection, mitigation, or enhancement.
(e) The facility complies with provisions of the "Endangered
Species Act of 1973," 87 Stat. 884, 16 U.S.C. 1531 to 1544, as
amended.
(f) The facility does not harm cultural resources of the
area. This can be shown through compliance with the terms of its
federal energy regulatory commission license or, if the facility
is not regulated by that commission, through development of a plan
approved by the Ohio historic preservation office.
(g) The facility complies with the terms of its federal
energy regulatory commission license or exemption that are related
to recreational access, accommodation, and facilities or, if the
facility is not regulated by that commission, the facility
complies
with similar requirements as are recommended by resource
agencies;
and the facility provides access to water to the public
without
fee or charge.
(h) The facility is not recommended for removal by any
federal agency or agency of any state.
(4) "Renewable energy resource" means solar photovoltaic
or
solar thermal energy, wind energy, hydropower, geothermal
energy,
fuel derived from municipal solid waste through a process
other
than combustion, biomass energy, biologically
derived
methane
gas, or energy derived from non-treated byproducts of the
pulping
process or wood manufacturing process, including bark,
wood
chips, sawdust, and lignin in spent pulping liquors.
"Renewable
energy resource" includes, but is not limited to, a
fuel cell
powered by any such energy, any storage facility that will promote
the better utilization of renewable energy resources and primarily
operates off peak, or a distributed
generation
system used by a
customer to generate electricity from
any such
energy.
(B)
Subject to division (C) of this section and by the end of
2025, an electric distribution utility shall provide
from
alternative energy a portion of the electricity supply
required
for
its standard service offer under section 4928.14 of
the
Revised
Code, and an electric services company shall provide a
portion of its electricity supply from alternative energy. That
portion shall equal twenty-five per cent of
the
total
number of
kilowatt hours of electricity supplied by
the
utility or company
to any and all electric consumers whose electric
load
centers
are
served by the utility and are located within the utility's
certified
territory or, in the
case of an electric services
company, are served by the company and are located within this
state.
However,
nothing in this section precludes a utility or
company from
providing a
greater percentage.
Of the alternative energy implemented by
the
utility or
company by the end of 2025:
(1) At least half shall be generated from
advanced energy
resources;
(2) Half shall be generated from renewable
energy
resources, including one
per cent from solar energy resources, in
accordance with the
following benchmarks:
By end of year |
Renewable energy resources |
Solar energy resources |
2009 |
0.25% |
.005% |
2010 |
0.50% |
.05% |
2011 |
1% |
.1% |
2012 |
1.5% |
.15% |
2013 |
2% |
.2% |
2014 |
2.5% |
.25% |
2015 |
3.5% |
.3% |
2016 |
4.5% |
.35% |
2017 |
5.5% |
.4% |
2018 |
6.5% |
.45% |
2019 |
7.5% |
.5% |
2020 |
8.5% |
.6% |
2021 |
9.5% |
.7% |
2022 |
10.5% |
.8% |
2023 |
11.5% |
.9% |
2024 |
12.5% |
1% |
(3) At least one-half of the renewable energy resources
implemented by
the
utility or company by the end of 2025 shall
be met
through facilities located in this state.
(C)(1) The public utilities commission annually shall review
a utility's or company's compliance with the most recent
applicable benchmark
under division (B)(2) of this section. If
the commission
determines,
after notice and hearing, that the
utility or company has failed
to comply
with any such benchmark,
the commission shall impose a renewable
energy compliance
payment on the utility or company.
(a) The compliance payment pertaining to the solar energy
resource benchmarks under division (B)(2) of this section shall be
an amount per megawatt hour of undercompliance or noncompliance in
the period under review, starting at four hundred fifty dollars
for 2009, four hundred dollars for 2010 and 2011, and similarly
reduced every two years thereafter through 2024 by fifty dollars.
(b) The compliance payment pertaining to
the renewable
energy resource benchmarks under division (B)(2) of this section
shall equal forty-five
dollars
times the number of additional
renewable energy credits
that
the utility or company would have
needed to comply with
the
applicable
benchmark in the period
under review.
(c) The compliance payment shall not be passed through by the
utility or company to consumers. The compliance payment shall be
remitted to
the commission, for deposit to the credit of the
renewable energy
development and investment fund created under
section 3706.34 of
the Revised Code. Payment of the compliance
payment shall be
subject to such collection and enforcement
procedures as apply to
the collection of a forfeiture under
sections 4905.55 to 4905.60
and 4905.64 of the Revised Code.
(2) The commission shall establish a process to provide for
at least an annual review of the alternative energy market in this
state and in the service territories of the regional transmission
organizations that manage transmission systems located in this
state. The commission shall use the results of this study to
identify any needed changes to the amount of the renewable
energy
compliance payment specified under divisions (C)(1)(a) and (b) of
this
section. Specifically, the commission may increase the
amount
to
ensure that payment of compliance payments is not used
to
achieve
compliance with this section in lieu of actually
acquiring or
realizing
energy derived from renewable energy
resources.
However, if the
commission
finds that the amount of
the
compliance payment should
be
otherwise changed, the
commission
shall present this finding
to
the general assembly
for
legislative enactment.
(D)(1) The commission annually shall submit to the general
assembly in accordance with section 101.68 of the Revised Code a
report describing the compliance of electric distribution
utilities and electric services companies with division (B) of
this section and any strategy for
utility and company compliance
or for encouraging the use of
alternative
energy
in supplying
this state's electricity needs in
a manner
that
considers
available technology, costs, job creation,
and
economic
impacts. The commission shall allow and consider
public
comments
on the report prior to its submission to the
general
assembly.
Nothing in the report shall be binding on any
person,
including
any utility or company for the purpose of its compliance
with any
benchmark
under division (B) of this section, or the
enforcement
of that
provision under division (C) of this section.
(2) The governor, in consultation with the commission
chairperson,
shall appoint an alternative energy advisory
committee. The
committee shall examine available technology for
and related
timetables, goals, and costs of the alternative
energy requirement
under division (B) of this section and shall
submit to the
commission a semiannual report of its
recommendations.
(E) All costs incurred by a
utility in complying with the
requirements of this section shall be bypassable by any consumer
that has exercised choice of supplier under section 4928.03 of the
Revised Code.
Sec. 4928.65. An electric distribution utility or electric
services company may use
renewable energy credits for the
purpose of complying with the
renewable energy and solar energy
resource
requirements of division (B)(2) of section 4928.64 of
the Revised
Code. The public
utilities commission shall adopt
rules
specifying that one unit of
credit shall equal one
megawatt
hour
of
electricity derived from
renewable energy
resources. The
rules
also shall provide for this state a
system
of
registering
renewable energy credits by specifying
which of
any
generally
available registries shall be used for
that
purpose and
not by
creating a registry.
Sec. 4928.66. (A)(1) Beginning in 2009, an electric
distribution
utility, as well as the director of development,
shall implement
energy efficiency programs designed to achieve
reductions in
energy usage by three-tenths of one per cent in
that year,
increasing by an additional five-tenths of one per
cent in 2010,
seven-tenths of one per cent in 2011, eight-tenths
of one per cent
in 2012, nine-tenths of one per cent in 2013, one
per cent from
2014 to 2018, and two per cent each year
thereafter, achieving a
cumulative energy reduction in excess of
twenty-two per cent by
2025.
(2) Beginning in 2009, an electric distribution utility shall
implement peak demand reduction programs designed to achieve a one
per cent reduction in peak demand in 2009 and an additional
seventy-five hundredths of one per cent reduction each year
through 2018. In 2018, the standing committees in the house of
representatives and the senate primarily dealing with energy
issues shall make recommendations to the general assembly
regarding future peak demand reduction targets.
For the purposes of divisions (A)(1) and (2) of this section,
programs implemented by a utility may include demand-response
programs and transmission and distribution infrastructure
improvements that reduce line losses.
(B) In accordance with rules it shall adopt, the public
utilities commission shall produce and docket at the commission an
annual report containing the results of its verification of the
annual levels of energy usage and peak demand reductions achieved
by each electric distribution utility pursuant to division (A) of
this section. A copy of the report shall be provided to the
consumers' counsel.
(C) If the commission determines, after notice and hearing
and based upon its report under division (B) of this section, that
an electric distribution utility has failed to comply with an
energy usage or peak demand reduction required by
division (A) of
this section, the commission shall assess a
forfeiture on the
utility as provided under sections 4905.55 to
4905.60 and 4905.64
of the Revised Code, either in the amount, per day per
undercompliance or noncompliance, relative to the period of the
report, equal to that prescribed for
noncompliances under section
4905.54 of the
Revised Code, or in
an amount equal to the then
existing market
value of one
renewable energy credit per
megawatt hour of undercompliance
or
noncompliance. Revenue from
any forfeiture assessed under this
division shall be deposited to
the credit of the renewable energy
development and investment
fund created under section 3706.34
of
the Revised Code.
(D) The commission additionally shall adopt rules that
require an electric distribution utility
to provide a customer
upon request with two years' consumption data
in an accessible
form. The rules also may provide for a
decoupling mechanism that
shall provide a utility reasonable recovery of lost revenue
resulting from its promotion of energy efficiency to consumers. In
approving such mechanism for a utility, the commission shall
consider whether the utility should maintain its weather risk and
shall consider appropriate consumer protections that ensure that
the utility's rates or prices are just and reasonable, including,
but not limited to, such protections as a cap on any percentage
rate or price increase under the mechanism or on any increase in
overall rates or prices resulting from the mechanism.
Additionally, the rules may provide, subject to notice and
hearing, for a utility for which a decoupling mechanism has not
been authorized to receive just and reasonable recovery of costs
the utility incurs in meeting the reductions established under
division (A) of this section.
Sec. 4928.68. The public utilities commission shall adopt
rules establishing greenhouse gas emission reporting requirements,
including participation in the climate registry,
and carbon
control planning requirements for each electric
generating
facility located in this state that emits greenhouse
gases,
including facilities in operation on the effective date of
this
section.
Sec. 5501.452. In accordance with section 5501.45 of the
Revised Code, the director of transportation shall implement a
program allowing, by lease or permit, the use of lands owned by
this state and acquired or used for the state highway system, for
highways, in connection with highways, or as incidental to the
acquisition of land for highways by any person operating a
pipeline that is necessary for the operation of a storage facility
regulated under sections 1572.01 to 1572.07 of the Revised Code.
The program shall be operated in accordance with guidelines in
effect on January 1, 1996. "Operation of a storage facility" under
this section includes operation for the purpose of transporting
carbon dioxide by pipeline from its source for injection into the
storage facility.
Nothing in this section shall require the director to
maintain a lease or permit at a specific location or prohibit the
director from modifying the terms of a specific lease or permit.
Section 2. That existing section 1571.01 of the Revised Code
is hereby repealed.
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