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Ohio 2007 Policy Actions

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SB 221 - Governor's Energy Legislation introduced by Senator Robert Shuler (R-Cincinnati).  Hearings started September 26, 2007 in Ohio Senate Energy & Public Utilities Committee.   A Substitute SB 221 was issued by the Senate Committee on October 26, 2007.  Follow the legislative action, bill analysis, amendment synopsis, fiscal notes and votes [CLICK HERE].    

Senate Committee Substitute SB 221  - renewable energy provision
Sec. 4928.142. (A) Subject to division (B) of this section, an electric distribution utility by the end of 2025 shall provide a portion of the electricity supply required for its standard service offer under section 4928.14 of the Revised Code from advanced energy. That portion shall equal twenty-five per cent of the total number of kilowatt-hours of electricity supplied by the utility to any and all electric consumers whose electric load centers are located within the utility's certified territory. However, subject to division (B) of this section, nothing in this section precludes a utility from providing a greater percentage. The advanced energy supply shall be consistent with the following requirements:
(1) At least half of the advanced energy implemented by 2025 shall be generated from sustainable resources as defined in section 3706.01 of the Revised Code and shall include solar power. The remainder shall be supplied from advanced energy facilities as defined in divisions (X)(1) to (4) of section 3706.01 of the Revised Code.
(2) At least half of the advanced energy implemented by the end of 2025 shall be met through facilities located in this state. The utility shall comply with division (A) of this section in a manner that considers available technology, costs, job creation, and economic impacts. To be counted toward the utility's compliance with division (A) of this section, the on-site construction of an advanced energy technology or facility shall be initiated after the effective date of this section. Any such technology or facility that complies with that division shall be and remain counted toward the utility's compliance
(B)(1) If the commission determines, after notice and hearing, that the utility has failed to comply with division (A) of this section, the commission shall issue an order requiring the utility to comply fully within such time as shall be specified in the order and shall specify in the order the process and schedule for verifying to the commission the utility's compliance with the order.
(2) Full compliance shall not be mandated under division (B)(1) of this section to the extent that the ratio between the blended advanced energy and nonadvanced energy price under this section in 2025 and the portion of that price attributable to nonadvanced energy exceeds one and three-hundredths.
(3) Only division (B)(2) of section 4928.16 of the Revised Code applies if the commission determines in an order issued under division (B)(1) of this section that the utility has failed to comply with division (A) of this section, or if the commission by order determines in a later proceeding and after notice and hearing that the utility has failed to comply with an order issued under division (B)(1) of this section.
(C) 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 with divisions (A) and (B) of this section and any interim goals or strategy for utility compliance with those divisions or for encouraging the use of advanced 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 for the purpose of its compliance with division (A) of this section, or the enforcement of that provision under division (B) of this section.

Renewable energy provision:
Senate Bill 221 (as introduced)
Sec. 4928.142. The public utilities commission shall adopt rules prescribing advanced energy portfolio standards applicable to the standard service offers of electric distribution utilities approved under section 4928.14 of the Revised Code. In adopting the rules, the commission shall consider available technology, costs, job creation, and economic impacts. The rules shall require evaluation of and shall encourage, where necessary, development and implementation of next-generation energy technologies, including, but not limited to, renewable energy sources, clean coal technology, advanced nuclear generation, fuel cells, and cogeneration. The rules shall seek to achieve specified interim goals such that, by 2025, advanced energy technologies shall provide twenty-five per cent of the standard service offer of an electric distribution utility. The rules shall require that at least half of the advanced energy implemented shall be generated from renewable energy sources, which shall include solar power, with any remainder supplied by, but not limited to, any clean coal technology with carbon controls, advanced nuclear plant, or cogeneration project, the original construction of which technology, plant, or project is initiated after January 1, 2009. Additionally, the rules shall require that at least half of the advanced energy implemented shall be met through facilities located in this state.
GEO Testimony on RPS in SB 221 on October 11, 2007 in Ohio Senate [CLICK HERE]

Governor Strickland Announced a Comprehensive Energy Plan as part of overall of electric deregulation with a 25% Advanced Energy Portfolio Standard by 2025.  "No less than half [or 12.5%] of this amount shall be generated from renewable energy resource." Also, "At least half of the total advanced energy requirement must be met through assets sited in Ohio, and a specific "carve-out" requirement for solar power must be adopted to reflect and reinforce Ohio's leadership in solar energy technologies." "Renewables" are defined as "biomass, geothermal, solar, new low-impact hydro, anaerobic digestors, wind, and municipal wast or garbage if converted to a clean burning fuel prior to use for electric power generation." No legislation currently is drafted, but was in the works on August 29th. [CLICK HERE]

Strickland on May 1, 2007 Unveiled An "Energy Compact" to guide "utilities, environmental advocates, customers of all sizes, regulators, business and political leaders" on revised Ohio's electric deregulation law passed in 1999.  He laid out six guiding principles for stakeholders to come together including principles that Ohio must "make energy efficiency a central element," "stimulate renewable energy consumption in order to attract advanced energy investment," and "take into account environmental issues, especially global warming." [CLICK HERE]

Energy Advisor Says Administration Supports AEPS Approach.  On April 30, 2007, Governor Strickland's Energy Advisor Mark Shanahan told the GEO Ohio Renewable Energy Showcase Columbus audience that the Administration supports an Advanced Energy Portfolio Standard (AEPS) policy approach rather than a stand-alone Renewable Portfolio Standard (RPS).  Note that the Pennsylvania AEPS includes an RPS, as well as separate requirements for clean coal.  Pennsylvania Act 213 requires that a certain percentage of the electric energy sold to retail customers in Pennsylvania by electric distribution companies and electric generation suppliers be derived from alternative energy resources. This includes, but is not limited to, solar, wind, hydropower, geothermal, biomass, and demand side management resources. The Pennsylvania PUC is charged with implementing and enforcing Act 213 of 2004 - Alternative Energy Portfolio Standards Act.  See information about other state AEPS and RPS policy options on the Ohio Department of Development web site [CLICK HERE]

Strickland Establishes Energy Advisor. On January 17, 2007 Ohio Governor Ted Strickland signed Executive Order 2007-02 establishing an energy advisor to the governor to coordinate the state's efforts to create jobs through becoming a leader in the production of next-generation energy. "One of the core principles of my Turnaround Ohio plan is to invest in Ohio's strengths," Strickland said. "Clearly, energy production is one of those strengths. I am convinced that we can create thousands of good-paying jobs by encouraging next-generation energy production in Ohio including ethanol, clean coal, wind and solar." The governor's energy advisor will coordinate the administration's energy policy. Each executive agency will designate a deputy director-level or higher liaison to work directly with the energy advisor to coordinate their agency's energy policy. In addition, the energy advisor will sit on the Third Frontier Commission as the governor's science and technology advisor. "The energy advisor will work directly with the agencies to secure maximum efficiency, coordination and consistency across state government," Strickland said. "This advisor will keep energy a state priority while creating a better environment and boosting economic development in energy and manufacturing sectors."Strickland today designated Mark Shanahan, executive director of theOhio Air Quality Development Authority, as the governor's energy advisor. [CLICK HERE].

In the last days of this term, Governor Bob Taft signed into law Substitute House Bill 251, the Advanced Energy Law, passed by the Ohio General Assembly on December 14, 2006.  This measure changes the Energy Loan Fund into the Advanced Energy Program expanding funding not only for grants (previously capped at 10% from the Energy Loan Fund) but also creating a new rulemaking for "energy production measures."  A summary of key renewable energy provisions and related Ohio consumer survey on renewalbe energy in December 2006 appeared in the January/February 2007 GEO Bi-Monthly Report - .pdf [CLICK HERE] and as a web page article [CLICK HERE].  See the legislative summary of Sub. HB 251 [CLICK HERE].

Public Utilities Commission of Ohio (PUCO) 

Stand-By Power Rate Workshop.  October 31, 2007, 9:00 am 0 4:30 pm -  Join PUCO Staff to review, discuss and offer edits to the new draft application forms for distributed generation interconnection and hear a presentation by Staff regarding guidance for a market-based stand-by power rate. The new interconnection rules, which include a provision for “stand-by power,” became effective on Monday, Oct. 22, 2007.  As noticed by Commission Order on March 28, 2007, in Case No. 05-1500-EL-COI, all electric utilities shall file their revised tariffs for Net Metering and Interconnection as well as the market-based stand-by rate “to comport with…the rules within 60 days after the effective date of these rules.” The filing deadline for these new tariffs is Friday, Dec. 21, 2007.  See PUCO Workshop Notice [CLICK HERE].

Response to the Energy Policy Act of 2005 used four technical conferences in 2006 to discuss a variety of issues related to renewable energy in PUCO Case No. 05-1500-EL-COI taking over a year to consider and decide. See Technical Panels & links [CLICK HERE].  See the decision of the PUCO March 28, 2007: News Release and Order link [CLICK HERE].  OCC Release [CLICK HERE].

First Energy files green pricing option at PUCO.  May 30, 2007 - FirstEnergy, Ohio Consumers' Counsel and PUCO staff worked on "Green Pricing Option" filed at the Commission which would offer renewable energy certificates (REC's) at $5 for 200 kWh. Similar to the AEP green offering (below), the tariff satisfies an Ohio Supreme Court to include alternative market-based rates for electricity prices as part of the utility's rate stabilization plan. [CLICK HERE].

Approval of Duke Energy Ohio green pricing pilot program. May 9, 2007 - The Public Utilities Commission of Ohio today approved Duke Energy Ohio's green pricing option, GoGreen, for a pilot period through 2008. The option will provide Duke customers the option of paying a premium to enable Duke to purchase renewable energy certificates (REC's) associated with generation from renewable energy sources.   [CLICK HERE]

Approval of green power program will give American Electric Power customers a new choice. May 2, 2007 - The Public Utilities Commission of Ohio (PUCO) approved an agreement between the Office of the Ohio Consumers' Counsel (OCC), American Electric Power (AEP), the PUCO staff and other parties that will give customers the chance to promote the use of electricity from renewable resources. The  PUCO's approval of the new Green Pricing Option will allow AEP customers the ability to pay a small premium and purchase a minimum of 200 kilowatt hours (kWh) of renewable energy credits each month. [CLICK HERE]

Office of the Consumers' Counsel (OCC)

OCC Testimony on SB 221, Ohio Senate Energy & Public Utilities Committee, Oct. 11, 2007 [CLICK HERE]

Ohio's residential utility consumer advocate on Feb. 3,2006 provided major expert comments in the PUCO Case No. 05-1500-EL-COI (See above under PUCO) [CLICK HERE].  OCC represents the interests of 4.5 million households in proceedings before state and federal regulators and in the courts.  

Consumers' Counsel proposes to reform Ohio's electric regulatory system with an Integrated Portfolio Management in a Restructured Supply Market including an Energy-Efficiency Portfolio Standard and a Renewable Portfolio Standard. [CLICK HERE]

In its educational function, OCC operates a statewide speakers bureau on energy efficiency and renewable energy and has clean energy information on its web site [CLICK HERE].

OCC applauded the May 2, 2007 approval of a Green Pricing program by PUCO for American Electric Power. [CLICK HERE].  PUCO Release and Order link [CLICK HERE].  See link to May 9, 2007 OCC News Release on Duke Energy Green Pricing Pilot Program [CLICK HERE].

Ohio General Assembly

  • Current Ohio Legislation [CLICK HERE] Search by keyword and bill number [CLICK HERE]

  • Ohio Senate - SB 221 / See Other Senate Renewable Energy Legislation below SB 221

  • SB 221 - Governor's Energy Legislation introduced by Senator Robert Shuler (R-Cincinnati).  Hearings started September 26, 2007 in Ohio Senate Energy & Public Utilities Committee.   On October 26, 2007 a Substitute SB 221 was issued by the Committeee.  Follow the legislative action, bill analysis, amendment synopsis, fiscal notes and votes [CLICK HERE]. 

    Senate Committee renewable energy provision in Substitute SB 221
    Sec. 4928.142. 
    (A) Subject to division (B) of this section, an electric distribution utility by the end of 2025 shall provide a portion of the electricity supply required for its standard service offer under section 4928.14 of the Revised Code from advanced energy. That portion shall equal twenty-five per cent of the total number of kilowatt-hours of electricity supplied by the utility to any and all electric consumers whose electric load centers are located within the utility's certified territory. However, subject to division (B) of this section, nothing in this section precludes a utility from providing a greater percentage. The advanced energy supply shall be consistent with the following requirements:
    (1) At least half of the advanced energy implemented by 2025 shall be generated from sustainable resources as defined in section 3706.01 of the Revised Code and shall include solar power. The remainder shall be supplied from advanced energy facilities as defined in divisions (X)(1) to (4) of section 3706.01 of the Revised Code.
    (2) At least half of the advanced energy implemented by the end of 2025 shall be met through facilities located in this state. The utility shall comply with division (A) of this section in a manner that considers available technology, costs, job creation, and economic impacts. To be counted toward the utility's compliance with division (A) of this section, the on-site construction of an advanced energy technology or facility shall be initiated after the effective date of this section. Any such technology or facility that complies with that division shall be and remain counted toward the utility's compliance.
    (B)(1) If the commission determines, after notice and hearing, that the utility has failed to comply with division (A) of this section, the commission shall issue an order requiring the utility to comply fully within such time as shall be specified in the order and shall specify in the order the process and schedule for verifying to the commission the utility's compliance with the order.
    (2) Full compliance shall not be mandated under division (B)(1) of this section to the extent that the ratio between the blended advanced energy and nonadvanced energy price under this section in 2025 and the portion of that price attributable to nonadvanced energy exceeds one and three-hundredths.
    (3) Only division (B)(2) of section 4928.16 of the Revised Code applies if the commission determines in an order issued under division (B)(1) of this section that the utility has failed to comply with division (A) of this section, or if the commission by order determines in a later proceeding and after notice and hearing that the utility has failed to comply with an order issued under division (B)(1) of this section.
    (C) 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 with divisions (A) and (B) of this section and any interim goals or strategy for utility compliance with those divisions or for encouraging the use of advanced 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 for the purpose of its compliance with division (A) of this section, or the enforcement of that provision under division (B) of this section.

    Original renewable energy provision (modified by Senate Committee Substitute Above):
    Senate Bill 221 (as introduced)
    Sec. 4928.142. The public utilities commission shall adopt rules prescribing advanced energy portfolio standards applicable to the standard service offers of electric distribution utilities approved under section 4928.14 of the Revised Code. In adopting the rules, the commission shall consider available technology, costs, job creation, and economic impacts. The rules shall require evaluation of and shall encourage, where necessary, development and implementation of next-generation energy technologies, including, but not limited to, renewable energy sources, clean coal technology, advanced nuclear generation, fuel cells, and cogeneration. The rules shall seek to achieve specified interim goals such that, by 2025, advanced energy technologies shall provide twenty-five per cent of the standard service offer of an electric distribution utility. The rules shall require that at least half of the advanced energy implemented shall be generated from renewable energy sources, which shall include solar power, with any remainder supplied by, but not limited to, any clean coal technology with carbon controls, advanced nuclear plant, or cogeneration project, the original construction of which technology, plant, or project is initiated after January 1, 2009. Additionally, the rules shall require that at least half of the advanced energy implemented shall be met through facilities located in this state.
    GEO Testimony on RPS in SB 221 on October 11, 2007 in Ohio Senate [CLICK HERE]

  • Other Ohio Senate Renewable Energy Legislation

    Senate Bill 198
    by Sen. Lance Mason (D-Shaker Heights) to create tax credits for investing in renewable energy property.  See bill text [CLICK HERE]

    Senate Bill 213 by Sen. Lance Mason (D-Shaker Heights) to require the Director of Administrative Services to ensure that a certain percentage of state agencies' total electricity purchases are from renewable energy systems.See bill text [CLICK HERE]  

    Senate Bill 242 by Sen. Dale Miller (D-Cleveland) to create a renewable energy portfolio standard for electric suppliers and authorize a state system of tradable renewable energy credits    See bill text [CLICK HERE]

  • 2007 Ohio House of Representatives Renewable Energy Legislation

    House Bill 313 by Rep. Michael Skindell (D-Lakewood) to create a renewable energy portfolio standard for electric suppliers and authorize a state system of tradable renewable energy credits.  See bill text [CLICK HERE]

    House Bill 357 by Rep. Jim McGregor (R-Gahanna) to modify and expand the laws governing energy development and supply in the state. See bill text [CLICK HERE].

    House Concurrent Resolution 19 by Rep. Jimmy  Stewart (R-Albany) to memorialize the Congress of the United States to enact the Securing America's Energy Independence Act of 2007.  See resolution text [CLICK HERE]
    .

    House Concurrent Resolution 20 by Rep. Jimmy  Stewart (R-Albany) to memorialize Congress to enact the Solar Opportunity and Local Access Rights Act of 2007.  See resolution text [CLICK HERE]

    House Concurrent Resolution 22 by Rep. Steve Reinhard (R-Bucyrus) to memorialize Congress to enact the Solar Opportunity and Local Access Rights Act of 2007.  See resolution text [CLICK HERE]

  • The Ohio House Alternative Energy Committee, Chaired by Representative Jim McGregor (R-Gahanna) began hearings in 2006 as a Special Committee.  The Committee is studying the potential for advanced energy resources, including renewable energy, with an eye toward proposing legislation to promote the growth of more industry, jobs and installations in Ohio.  Rep. McGregor addressed GEO's Ohio Renewable Energy Showcase on April 30, 2007 and GEO's Central Ohio Clean Energy Network Meeting on May 2, 2007 in Columbus. The Ohio House Alternative Energy Committee is meeting every Wednesday at 11 AM in Statehouse Meeting room 122.  To receive a weekly notice of the committee activities, contact the committee to be placed on the email announcement listserve at: district20@ohr.state.oh.us or contact Rep. McGregor's office at: (614) 644.6002. 

  • In the last days of this term, Governor Bob Taft signed into law Substitute House Bill 251, the Advanced Energy Law, passed by the Ohio General Assembly on December 14, 2006.  This measure changes the Energy Loan Fund into the Advanced Energy Program expanding funding not only for grants (previously capped at 10% from the Energy Loan Fund) but also creating a new rulemaking for "energy production measures."  A summary of key renewable energy provisions and related Ohio consumer survey on renewalbe energy in December 2006 appeared in the January/February 2007 GEO Bi-Monthly Report - .pdf [CLICK HERE] and as a web page article [CLICK HERE].  See the legislative summary of Sub. HB 251 [CLICK HERE].

    Ohio Clean Energy Legislative Advocates
           Ohio Environmental Council (OEC) March 7, 2006 Conservation Lobby Day [CLICK HERE}
           OEC Green Legislative Agenda [CLICK HERE]

    Ohio Office of Consumers' Counsel Legislative Services [CLICK HERE]

    Related State of Ohio Agencies

            Ohio Department of Development  [CLICK HERE]
                      Ohio Office of Energy Efficiency  [CLICK HERE]

            Ohio Environmental Protection Agency  [CLICK HERE]

            Ohio Air Quality Development Authority  [CLICK HERE]

            Ohio Department of Natural Resources  [CLICK HERE]

            Ohio Department of Agriculture  [CLICK HERE]

    Ohio Clean Energy Policy Information on GEO Web Site

             Ohio Clean Energy News [CLICK HERE]

              Environment - How Can Renewable Energy Make Ohio Greener? [CLICK HERE]

              Economics - Sustainable Energy Puts Ohio to Work - Economic Development [CLICK HERE]

                       Ohio Clean Energy Business Association (OCEBA) Jobs Report [CLICK HERE]

              Ohio Biofuel & Renewable Energy Task Force - 2004 [CLICK HERE]

    Related Sites on Sustainable Energy Ohio Policy

  • Ohio Wind Working Group Weekly Updates [CLICK HERE]

  • The Cleveland Foundation [CLICK HERE]
                ICF Study: Analysis of the Potential Impacts of an Advanced Energy Portfolio Standard (AEPS) in Ohio

  • Environment Ohio [CLICK HERE]
                SB 221 Environment Ohio Testimony in Ohio Senate Committee, Oct. 11, 2007  [CLICK HERE]

  • Ohio Environmental Council [CLICK HERE

  • Greater Ohio [CLICK HERE] See List of other key Ohio Organization Links [CLICK HERE]

  •  Policy Matters [CLICK HERE]
        

    Related National  & Regional Sites on Ohio Sustainable Energy Policy

    •  Database of State Incentives for Renewable Energy (DSIRE) [CLICK HERE]
    •  Environmental Law & Policy Center of the Midwest (ELPC)  [CLICK HERE]
            
    •  Alliance to Save Energy - State Policy Initiatives  [CLICK HERE]
    •  American Solar Energy Society (ASES) Sunbeam Newsletter [CLICK HERE]
    •  Solar Alliance [CLICK HERE]
    •  Solar Energy Industries Association (SEIA)  [CLICK HERE]

    •  American Wind Energy Association  [CLICK HERE]