To enact section 123.012 of the Revised Code to require the Director of Administrative Services to ensure that a certain percentage of state agencies' total electricity purchases are from renewable energy systems.

Section 1. That section 123.012 of the Revised Code be enacted to read as follows:

Sec. 123.012. (A) As used in this section:

(1) "Biomass" means any organic matter, including either of the following:

(a) Any organic material from a plant that is grown exclusively to be used in the production of electricity, on land that was in crop production on the effective date of this section; or on land that is protected under the federal conservation reserve program, provided the planting does not adversely affect the water quality protection, soil erosion prevention, or wildlife habitat enhancement purposes of that program;

(b) Any solid, nonhazardous, cellulosic waste that is derived from waste pallets, crates, dunnage, or landscape or right-of-way tree trimmings, from agricultural sources including orchard tree crops, vineyards, grains, legumes, or sugar, or from any crop byproducts or residues.

"Biomass" excludes forestry resources; agricultural resource waste necessary for maintaining soil fertility or for preventing erosion; municipal or unsegregated waste or garbage; or paper that is commonly recycled.

(2) "Electric services company" and "electric utility" have the same meanings as in section 4928.01 of the Revised Code.

(3) "Renewable energy" means energy from biomass that is available on a renewable basis; geothermal energy; energy produced by a photovoltaic technology system; wind energy; or energy from a hydroelectric facility that produces less than twenty megawatts of electricity and is certified on or after three years following the effective date of this section as a low-impact hydropower facility by the low-impact hydro institute. "Renewable energy" excludes nuclear energy and energy produced from coal, natural gas, oil, propane, or any other fossil fuel.

(4) "Renewable energy system" means any of the following:

(a) A photovoltaic technology system;

(b) A facility or energy system that both uses renewable energy to generate electricity and transmits or distributes that electricity through either of the following:

(i) A power line that is dedicated to the transmission or distribution of electricity generated from renewable energy only and is connected to a facility or system owned, operated, or controlled by an electric light company;

(ii) A power line that is shared with not more than one facility or energy system generating electricity from nonrenewable energy and is connected to a facility or system owned, operated, or controlled by an electric light company.

(5) "State agency" means every organized body, office, or agency established by the laws of the state for the exercise of any function of state government, but does not include an institution of higher education.

(B)(1) The director of administrative services shall ensure that the purchase of at least a portion of the total electricity supply for all state agencies is from one or more renewable energy systems located in this state. The director shall coordinate state agencies' contracting with electric utilities or electric services companies to ensure that the requirements specified in division (B)(2)(a) of this section are met. State agencies shall cooperate with the director in complying with this section.

(2)(a) The minimum amount of electricity supply that the director shall ensure is from renewable energy systems pursuant to division (B)(1) of this section shall be the following fiscal year percentages of all state agencies' total retail electric purchases:

(b) For the purpose of division (B)(2)(a) of this section, all state agencies' total retail electric purchases for a fiscal year shall be determined by calculating, in kilowatt hours, the average total retail electric purchases of all state agencies during each of the immediately preceding three fiscal years.