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Am. Sub. H. B. No. 301 As Passed by the HouseAs Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Celeste, Skindell, Hagan, Stewart, Letson, Murray, Harris, Pryor, Yuko, Domenick, Ujvagi, Yates, Harwood, Winburn, Williams, S., Evans, Pillich, Phillips, Brown, Chandler, DeBose, Garland, Luckie, Mallory, Walter, Weddington, Williams, B.
A BILL
To amend sections 4928.58, 4928.61, and 4928.62 of
the Revised Code to extend the imposition of the
current Advanced Energy Fund revenue rider on
retail electric distribution service rates by
three years and to clarify how Advanced Energy
Fund grant amounts are to be determined.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4928.58, 4928.61, and 4928.62 of the
Revised Code be amended to read as follows:
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 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 program and the advanced energy fund under sections 4928.61
to 4928.63 of the Revised Code, including grant award levels under
section 4928.62 of the Revised Code;
(3) Hold public hearings to carry out the requirements of
division (E)(2) of this section.
(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 the advanced energy fund, into which shall be deposited
all advanced energy revenues remitted to the director of
development under division (B) of this section, for the exclusive
purposes of funding the advanced energy 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) 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 effective date of the
amendment of this section by Sub. H.B. 251 of the 126th general
assembly, January 4, 2007, and shall terminate at the end of ten
years following the starting date of competitive retail electric
service on January 1, 2014, or until when the advanced energy
fund, including interest, reaches one hundred fifteen million
dollars, whichever is first.
(2) Revenues from payments, repayments, and collections under
the advanced energy program and from program income;
(3) Revenues remitted to the director after collection by a
municipal electric utility or electric cooperative in this state
upon the utility's or cooperative's decision to participate in the
advanced energy fund;
(4) Revenues from renewable energy compliance payments as
provided under division (C)(2) of section 4928.64 of the Revised
Code;
(5) Revenue from forfeitures under division (C) of section
4928.66 of the Revised Code;
(6) 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 occur within thirty days after the end of each calendar
quarter.
(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 occur within thirty days after the
end of each calendar quarter. 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, January 4, 2007, does not constitute a decision
to participate in the advanced energy fund under this section as
so amended.
(3) All Except for remittances from revenues described in
division (B)(1) of this section, all remittances under divisions
(C)(1) and (2) of this section shall continue only until the end
of ten years following the starting date of competitive retail
electric service January 1, 2011, or until the advanced energy
fund, including interest, reaches one hundred million dollars,
whichever is first. Remittances from revenues described in
division (B)(1) of this section shall continue only until January
1, 2014, or until the advanced energy fund, including interest,
reaches one hundred fifteen million dollars, whichever is first.
(D) Any moneys collected in rates for non-low-income customer
energy efficiency programs, as of October 5, 1999, and not
contributed to the energy efficiency revolving loan fund
authorized under this section prior to the effective date of its
amendment by Sub. H.B. 251 of the 126th general assembly, January
4, 2007, 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) There is hereby created the advanced
energy 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 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 director shall determine the amount of each grant based
on the market price of energy and the advice of the public
benefits advisory board under division (E)(2) of section 4928.58
of the Revised Code. The amount of each grant shall decrease
annually in order to enable the program to fund an increasing
number of grants.
The director shall not authorize financial assistance for an
advanced energy project under the program unless the director
first determines 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 to further
the public interest in advanced energy 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;
(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 sections
4928.61 to 4928.63 of the Revised Code;
(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;
(5) Adopt rules prescribing the application procedures for
financial assistance under the advanced energy program; the terms
and conditions of any grants, contracts, loans, loan participation
agreements, linked deposits, and energy production incentives;
criteria pertaining to the eligibility of participating lending
institutions; and any other matters necessary for the
implementation of the program;
(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, January 4, 2007,
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.
Section 2. That existing sections 4928.58, 4928.61, and
4928.62 of the Revised Code are hereby repealed.
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