| Sec. 4928.58. (A) There is hereby created the public | 9 |
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benefits advisory board, which has the purpose of ensuring that | 10 |
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energy services be provided to low-income consumers in this state | 11 |
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in an affordable manner consistent with the policy specified in | 12 |
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section 4928.02 of the Revised Code. The advisory board shall | 13 |
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consist of twenty-one members as follows: the director of | 14 |
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development, the chairperson of the public utilities commission, | 15 |
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the consumers' counsel, and the director of the air quality | 16 |
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development authority, each serving ex officio and represented by | 17 |
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a designee at the official's discretion; two members of the house | 18 |
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of representatives appointed by the speaker of the house of | 19 |
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representatives, neither of the same political party, and two | 20 |
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members of the senate appointed by the president of the senate, | 21 |
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neither of the same political party; and thirteen members | 22 |
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appointed by the governor with the advice and consent of the | 23 |
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senate, consisting of one representative of suppliers of | 24 |
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competitive retail electric service; one representative of the | 25 |
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residential class of electric utility customers; one | 26 |
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representative of the industrial class of electric utility | 27 |
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customers; one representative of the commercial class of electric | 28 |
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utility customers; one representative of agricultural or rural | 29 |
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customers of an electric utility; two customers receiving | 30 |
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assistance under one or more of the low-income customer assistance | 31 |
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programs, to represent customers eligible for any such assistance, | 32 |
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including senior citizens; one representative of the general | 33 |
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public; one representative of local intake agencies; one | 34 |
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representative of a community-based organization serving | 35 |
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low-income customers; one representative of environmental | 36 |
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protection interests; one representative of lending institutions; | 37 |
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and one person considered an expert in energy efficiency or | 38 |
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renewables technology. Initial appointments shall be made not | 39 |
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later than November 1, 1999. | 40 |
| (B) Initial terms of six of the appointed members shall end | 41 |
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on June 30, 2003, and initial terms of the remaining seven | 42 |
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appointed members shall end on June 30, 2004. Thereafter, terms of | 43 |
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appointed members shall be for three years, with each term ending | 44 |
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on the same day of the same month as the term it succeeds. Each | 45 |
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member shall hold office from the date of the member's appointment | 46 |
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until the end of the term for which the member was appointed. | 47 |
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Members may be reappointed. | 48 |
| Vacancies shall be filled in the manner provided for original | 49 |
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appointments. Any member appointed to fill a vacancy occurring | 50 |
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prior to the expiration date of the term for which the member's | 51 |
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predecessor was appointed shall hold office as a member for the | 52 |
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remainder of that term. A member shall continue in office after | 53 |
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the expiration date of the member's term until the member's | 54 |
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successor takes office or until a period of sixty days has | 55 |
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elapsed, whichever occurs first. | 56 |
| (C) Board members shall be reimbursed for their actual and | 57 |
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necessary expenses incurred in the performance of board duties. | 58 |
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The reimbursements constitute, as applicable, administrative costs | 59 |
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of the low-income customer assistance programs for the purpose of | 60 |
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division (A) of section 4928.51 of the Revised Code or | 61 |
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administrative costs of the advanced energy program for the | 62 |
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purpose of division (A) of section 4528.61 of the Revised Code. | 63 |
| Sec. 4928.61. (A) There is hereby established in the state | 83 |
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treasury the advanced energy fund, into which shall be deposited | 84 |
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all advanced energy revenues remitted to the director of | 85 |
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development under division (B) of this section, for the exclusive | 86 |
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purposes of funding the advanced energy program created under | 87 |
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section 4928.62 of the Revised Code and paying the program's | 88 |
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administrative costs. Interest on the fund shall be credited to | 89 |
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the fund. | 90 |
| (1) Revenues remitted to the director after collection by | 93 |
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each electric distribution utility in this state of a temporary | 94 |
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rider on retail electric distribution service rates as such rates | 95 |
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are determined by the public utilities commission pursuant to this | 96 |
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chapter. The rider shall be a uniform amount statewide, determined | 97 |
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by the director of development, after consultation with the public | 98 |
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benefits advisory board created by section 4928.58 of the Revised | 99 |
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Code. The amount shall be determined by dividing an aggregate | 100 |
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revenue target for a given year as determined by the director, | 101 |
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after consultation with the advisory board, by the number of | 102 |
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customers of electric distribution utilities in this state in the | 103 |
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prior year. Such aggregate revenue target shall not exceed more | 104 |
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than fifteen million dollars in any year through 2005 and shall | 105 |
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not exceed more than five million dollars in any year after 2005. | 106 |
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The rider shall be imposed beginning on the effective date of the | 107 |
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amendment of this section by Sub. H.B. 251 of the 126th general | 108 |
assembly, January 4, 2007, and shall terminate at the end of ten | 109 |
years following the starting date of competitive retailelectric | 110 |
serviceon January 1, 2014, or untilwhen the advanced energy | 111 |
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fund, including interest, reaches one hundred fifteen million | 112 |
|
dollars, whichever is first. | 113 |
| (2) Each participating electric cooperative and participating | 131 |
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municipal electric utility shall remit to the director on a | 132 |
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quarterly basis the revenues described in division (B)(3) of this | 133 |
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section. Such remittances shall occur within thirty days after the | 134 |
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end of each calendar quarter. For the purpose of division (B)(3) | 135 |
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of this section, the participation of an electric cooperative or | 136 |
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municipal electric utility in the energy efficiency revolving loan | 137 |
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program as it existed immediately prior to the effective date of | 138 |
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the amendment of this section by Sub. H.B. 251 of the 126th | 139 |
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general assembly, January 4, 2007, does not constitute a decision | 140 |
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to participate in the advanced energy fund under this section as | 141 |
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so amended. | 142 |
(3) AllExcept for remittances from revenues described in | 143 |
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division (B)(1) of this section, all remittances under divisions | 144 |
(C)(1) and (2) of this section shall continue only until the end | 145 |
of ten years following the starting date of competitive retail | 146 |
electric serviceJanuary 1, 2011, or until the advanced energy | 147 |
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fund, including interest, reaches one hundred million dollars, | 148 |
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whichever is first. Remittances from revenues described in | 149 |
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division (B)(1) of this section shall continue only until January | 150 |
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1, 2014, or until the advanced energy fund, including interest, | 151 |
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reaches one hundred fifteen million dollars, whichever is first. | 152 |
| (D) Any moneys collected in rates for non-low-income customer | 153 |
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energy efficiency programs, as of October 5, 1999, and not | 154 |
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contributed to the energy efficiency revolving loan fund | 155 |
|
authorized under this section prior to the effective date of its | 156 |
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amendment by Sub. H.B. 251 of the 126th general assembly, January | 157 |
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4, 2007, shall be used to continue to fund cost-effective, | 158 |
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residential energy efficiency programs, be contributed into the | 159 |
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universal service fund as a supplement to that required under | 160 |
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section 4928.53 of the Revised Code, or be returned to ratepayers | 161 |
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in the form of a rate reduction at the option of the affected | 162 |
|
electric distribution utility. | 163 |
| Sec. 4928.62. (A) There is hereby created the advanced | 164 |
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energy program, which shall be administered by the director of | 165 |
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development. Under the program, the director may authorize the use | 166 |
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of moneys in the advanced energy fund for financial, technical, | 167 |
|
and related assistance for advanced energy projects in this state | 168 |
|
or for economic development assistance, in furtherance of the | 169 |
|
purposes set forth in section 4928.63 of the Revised Code. To the | 170 |
|
extent feasible given approved applications for assistance, the | 171 |
|
assistance shall be distributed among the certified territories of | 172 |
|
electric distribution utilities and participating electric | 173 |
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cooperatives, and among the service areas of participating | 174 |
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municipal electric utilities, in amounts proportionate to the | 175 |
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remittances of each utility and cooperative under divisions (B)(1) | 176 |
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and (3) of section 4928.61 of the Revised Code. | 177 |
| (4) Employ or enter into contracts with financial | 203 |
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consultants, marketing consultants, consulting engineers, | 204 |
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architects, managers, construction experts, attorneys, technical | 205 |
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monitors, energy evaluators, or other employees or agents as the | 206 |
|
director considers necessary, and fix their compensation; | 207 |
| (5) Adopt rules prescribing the application procedures for | 208 |
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financial assistance under the advanced energy program; the terms | 209 |
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and conditions of any grants, contracts, loans, loan participation | 210 |
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agreements, linked deposits, and energy production incentives; | 211 |
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criteria pertaining to the eligibility of participating lending | 212 |
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institutions; and any other matters necessary for the | 213 |
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implementation of the program; | 214 |
| (C) The department of development may hold ownership to any | 217 |
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unclaimed energy efficiency and renewable energy emission | 218 |
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allowances provided for in Chapter 3745-14 of the Administrative | 219 |
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Code or otherwise, that result from advanced energy projects that | 220 |
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receive funding from the advanced energy fund, and it may use the | 221 |
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allowances to further the public interest in advanced energy | 222 |
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projects or for economic development. | 223 |
| (D) Financial statements, financial data, and trade secrets | 224 |
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submitted to or received by the director from an applicant or | 225 |
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recipient of financial assistance under sections 4928.61 to | 226 |
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4928.63 of the Revised Code, or any information taken from those | 227 |
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statements, data, or trade secrets for any purpose, are not public | 228 |
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records for the purpose of section 149.43 of the Revised Code. | 229 |
| (E) Nothing in the amendments of sections 4928.61, 4928.62, | 230 |
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and 4928.63 of the Revised Code by Sub. H.B. 251 of the 126th | 231 |
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general assembly shall affect any pending or effected assistance, | 232 |
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pending or effected purchases or exchanges of property made, or | 233 |
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pending or effected contracts or agreements entered into pursuant | 234 |
|
to division (A) or (B) of this section as the section existed | 235 |
|
prior to the effective date of those amendments, January 4, 2007, | 236 |
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or shall affect the exemption provided under division (C) of this | 237 |
|
section as the section existed prior to that effective date. | 238 |
