Bill Text: OH HB443 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To create the Energy Efficiency Stakeholder Advisory Group to review energy efficiency and peak demand reduction programs and related matters and to require the group to make a recommendation regarding its continuation to the General Assembly by December 31, 2024.
Spectrum: Strong Partisan Bill (Democrat 19-1)
Status: (Introduced - Dead) 2010-02-08 - To Public Utilities [HB443 Detail]
Download: Ohio-2009-HB443-Introduced.html
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Representative Gerberry
Cosponsors:
Representatives Hagan, Harwood, Phillips, Fende, Ujvagi, Murray, Mallory, Williams, B., Bolon, Letson, Domenick, Lundy, Harris, Newcomb, Moran, Yuko, Winburn, Dyer, Weddington
| To enact sections 4930.01, 4930.02, 4930.03, 4930.04, | 1 |
| 4930.05, 4930.06, 4930.07, 4930.08, 4930.09, | 2 |
| 4930.10, 4930.11, 4930.12, 4930.13, and 4930.14 of | 3 |
| the Revised Code to create the Energy Efficiency | 4 |
| Stakeholder Advisory Group to review energy | 5 |
| efficiency and peak demand reduction programs and | 6 |
| related matters and to require the group to make a | 7 |
| recommendation regarding its continuation to the | 8 |
| General Assembly by December 31, 2024. | 9 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
| Section 1. That sections 4930.01, 4930.02, 4930.03, 4930.04, | 10 |
| 4930.05, 4930.06, 4930.07, 4930.08, 4930.09, 4930.10, 4930.11, | 11 |
| 4930.12, 4930.13, and 4930.14 of the Revised Code be enacted to | 12 |
| read as follows: | 13 |
| Sec. 4930.01. As used in this chapter: | 14 |
| (A) "Electric distribution utility" has the same meaning as | 15 |
| in section 4928.01 of the Revised Code. | 16 |
| (B) "Natural gas company" has the same meaning as in section | 17 |
| 4929.01 of the Revised Code. | 18 |
| (C) "Energy efficiency or peak demand reduction program" | 19 |
| means a program designed so that an electric distribution utility | 20 |
| or natural gas company achieves measurable energy savings or | 21 |
| measurable reductions in peak demand for energy. An energy | 22 |
| efficiency or peak demand reduction program includes an energy | 23 |
| efficiency program or peak demand reduction program required under | 24 |
| section 4928.66 of the Revised Code or by public utilities | 25 |
| commission rule or order. | 26 |
| Sec. 4930.02. (A) There is hereby created the energy | 27 |
| efficiency stakeholder advisory group. | 28 |
| (B) The group shall consist of all electric distribution | 29 |
| utilities and all natural gas companies operating within the state | 30 |
| and any stakeholders interested in advising utilities about the | 31 |
| design, selection, implementation, and criteria for compliance | 32 |
| measurement and evaluation of energy efficiency and peak demand | 33 |
| reduction programs. Stakeholders may include the following: | 34 |
| (1) Any person that has intervened in an electric | 35 |
| distribution utility standard service offer application proceeding | 36 |
| filed under section 4928.141 of the Revised Code for which there | 37 |
| has been a final opinion and order issued by the public utilities | 38 |
| commission; | 39 |
| (2) Any person that has intervened in a natural gas company | 40 |
| rate case application proceeding filed under section 4909.18 or | 41 |
| 4929.05 of the Revised Code for which there has been a final | 42 |
| opinion and order issued by the commission; | 43 |
| (3) Any other person that, after petitioning the commission, | 44 |
| receives commission approval to be a member of the group. | 45 |
| (C) The group shall meet at least once every two months and | 46 |
| may meet more often as agreed to by its members. | 47 |
| (D) If the group determines it to be necessary, the group may | 48 |
| establish subgroups that may meet to perform additional energy | 49 |
| efficiency and peak demand reduction reviews. | 50 |
| Sec. 4930.03. A facilitator hired as provided in section | 51 |
| 4930.10 of the Revised Code shall conduct all meetings of the | 52 |
| energy efficiency stakeholder advisory group, provide expert | 53 |
| analysis of energy efficiency and peak demand reduction programs, | 54 |
| and perform other duties as determined by the group. The | 55 |
| facilitator shall work for and, as appropriate, share information | 56 |
| with all members of the group. | 57 |
| Sec. 4930.04. The energy efficiency stakeholder advisory | 58 |
| group shall provide an opportunity for electric distribution | 59 |
| utilities and natural gas companies to work with interested | 60 |
| stakeholders to compare and review proposed and existing energy | 61 |
| efficiency and peak demand reduction programs. The group shall | 62 |
| review the following: | 63 |
| (A) Energy efficiency and peak demand reduction programs | 64 |
| proposed by an electric distribution utility, a natural gas | 65 |
| company, or a stakeholder; | 66 |
| (B) The status and outcome of existing energy efficiency and | 67 |
| peak demand reduction programs conducted by an electric | 68 |
| distribution utility, a natural gas company, or a stakeholder, | 69 |
| including but not limited to, such information as energy savings | 70 |
| and program costs; | 71 |
| (C) Any other matters related to energy efficiency or peak | 72 |
| demand reduction that the group determines to be appropriate. | 73 |
| Sec. 4930.05. (A) Before an application for approval of an | 74 |
| energy efficiency or peak demand reduction program may be filed | 75 |
| with the public utilities commission, an electric distribution | 76 |
| utility, a natural gas company, or a stakeholder shall request the | 77 |
| energy efficiency stakeholder advisory group to conduct a review | 78 |
| by submitting a written description of the program to the | 79 |
| facilitator. The facilitator shall distribute the description to | 80 |
| the members of the group at least two weeks prior to the next | 81 |
| meeting of the group. | 82 |
| (B) When conducting a review, the group shall consider the | 83 |
| compliance measurements for, and cost effectiveness of, the | 84 |
| program in comparison to other potential programs, as well as the | 85 |
| program's potential for energy efficiency or peak demand | 86 |
| reduction. In order to determine whether there is a balanced | 87 |
| allocation of energy efficiency and peak demand reduction programs | 88 |
| among all customer classes, the group also shall consider the | 89 |
| following: | 90 |
| (1) The percentage of such programs attributable to each | 91 |
| customer class by the electric distribution company to meet the | 92 |
| energy savings and peak demand reductions required under section | 93 |
| 4928.66 of the Revised Code; | 94 |
| (2) The percentage of such programs attributable to each | 95 |
| customer class by the natural gas company to meet the energy | 96 |
| savings and peak demand reductions required under public utilities | 97 |
| commission rule or order. | 98 |
| (C) Any member of the group may recommend alternative or | 99 |
| additional energy efficiency or peak demand reduction programs to | 100 |
| the electric distribution utility or natural gas company proposing | 101 |
| a program that is under review by the group. | 102 |
| (D) Following its review of a program, the group shall record | 103 |
| each member's vote to recommend the program's approval or | 104 |
| disapproval. Each member of the group shall have one vote. For | 105 |
| purposes of voting only, each organization or entity that is part | 106 |
| of the group shall be considered one member regardless of the | 107 |
| number of individuals representing that organization or entity at | 108 |
| any group meeting. | 109 |
| Sec. 4930.06. After the energy efficiency stakeholder | 110 |
| advisory group completes its review under section 4930.05 of the | 111 |
| Revised Code, an electric distribution utility or a natural gas | 112 |
| company may file an application for public utilities commission | 113 |
| approval of the proposed energy efficiency or peak demand | 114 |
| reduction program whether or not a majority of the members of the | 115 |
| group that reviewed the program voted to recommend its approval. | 116 |
| No electric distribution utility or natural gas company may file | 117 |
| an application for commission approval of a program until the | 118 |
| program has been reviewed by and has received from the group a | 119 |
| record of participating members' recommendations for the program's | 120 |
| approval or disapproval. | 121 |
| Sec. 4930.07. If an electric distribution utility or a | 122 |
| natural gas company submits an energy efficiency or peak demand | 123 |
| reduction program to the public utilities commission for approval | 124 |
| after its review by the energy efficiency stakeholder advisory | 125 |
| group, the group shall submit a record of participating members' | 126 |
| recommendations to the commission that includes the following: | 127 |
| (A) A list detailing the members that voted to approve the | 128 |
| program and those that voted to disapprove the program; | 129 |
| (B) Any written letters in support of or in opposition to the | 130 |
| program; | 131 |
| (C) Any additional comments about the program. | 132 |
| Sec. 4930.08. Members of the energy efficiency stakeholder | 133 |
| advisory group retain the right to file comments, to be docketed | 134 |
| at the public utilities commission, regarding any application | 135 |
| filed by an electric distribution utility or a natural gas company | 136 |
| for approval of an energy efficiency or peak demand reduction | 137 |
| program. | 138 |
| Sec. 4930.09. The public utilities commission shall docket | 139 |
| all recommendations, comments, and accompanying written letters | 140 |
| submitted by the energy efficiency stakeholder advisory group and | 141 |
| its members in relation to an application filed by an electric | 142 |
| distribution utility or a natural gas company for approval of an | 143 |
| energy efficiency or peak demand reduction program. | 144 |
| Sec. 4930.10. (A) The public utilities commission shall | 145 |
| submit a request for proposals to hire a facilitator for the | 146 |
| energy efficiency stakeholder advisory group to perform the duties | 147 |
| described in section 4930.03 of the Revised Code. | 148 |
| The commission shall publish a notice of a request for | 149 |
| proposals in at least five major newspapers of general circulation | 150 |
| in this state once each week for two consecutive weeks before a | 151 |
| date specified by the commission as the date on which the | 152 |
| commission will begin accepting proposals. The commission also | 153 |
| shall publish the notice of the request for proposals in two or | 154 |
| more trade papers or other publications designated by the | 155 |
| commission. Such notice shall be published at least twice in each | 156 |
| trade paper or publication at least two weeks prior to the date | 157 |
| specified by the commission as the date on which the commission | 158 |
| will begin accepting proposals. The notice shall contain a general | 159 |
| description of the requirements for the position of facilitator | 160 |
| and the location where the request for proposals may be obtained. | 161 |
| The request for proposals shall include instructions and | 162 |
| information for respondents concerning the submission of | 163 |
| proposals, including the name and address of the office where | 164 |
| proposals are to be submitted. | 165 |
| (B) The commission shall forward all responses to the request | 166 |
| for proposals to the members of the group. The group shall select | 167 |
| a facilitator from among the qualified respondents provided that | 168 |
| the group shall not consider a submission from a respondent unless | 169 |
| the following requirements are met: | 170 |
| (1) The respondent has submitted a resume, including | 171 |
| references, listing the respondent's qualifications and experience | 172 |
| evaluating energy efficiency and peak demand reduction programs. | 173 |
| (2) The respondent currently is not under any other contract | 174 |
| with and, for the duration of employment as the facilitator, | 175 |
| agrees not to enter into a contract with either of the following: | 176 |
| (a) An electric distribution utility that operates in this | 177 |
| state or its subsidiary or parent or affiliated company that | 178 |
| operates in this or another state; | 179 |
| (b) A natural gas company that operates in this state or its | 180 |
| subsidiary or parent or affiliated company that operates in this | 181 |
| or another state. | 182 |
| The group may establish other requirements for respondents as | 183 |
| it considers necessary. | 184 |
| (C) If the members of the group are not able to reach an | 185 |
| agreement about whom to select as a facilitator from among the | 186 |
| qualified respondents, then the commission, after considering any | 187 |
| comments made by members of the group, shall select the | 188 |
| facilitator from among the qualified respondents. | 189 |
| Sec. 4930.11. The public utilities commission shall provide | 190 |
| administrative support, including meeting space, necessary for the | 191 |
| energy efficiency statewide advisory group to perform its duties. | 192 |
| Sec. 4930.12. (A) The energy efficiency statewide advisory | 193 |
| group, with the assistance of the public utilities commission, may | 194 |
| apply for and receive funds from a private foundation or other | 195 |
| entity to support the facilitator and energy efficiency and peak | 196 |
| demand reduction review and evaluation. The funds shall be | 197 |
| deposited into the energy efficiency stakeholder advisory group | 198 |
| fund created in section 4930.13 of the Revised Code. | 199 |
| (B) In the event that the group is unable to obtain | 200 |
| sufficient funds from a private foundation or other entity, the | 201 |
| group shall receive additional funds through an assessment that | 202 |
| the commission shall apportion among and assess against electric | 203 |
| distribution utilities and natural gas companies within the state | 204 |
| for the sole purpose of funding the group. The assessment shall be | 205 |
| an amount determined by the commission and may be recoverable from | 206 |
| all electric distribution utility and natural gas company | 207 |
| customers using a method of recovery approved by the commission. | 208 |
| The commission shall notify each electric distribution | 209 |
| utility and natural gas company of the sum assessed against it, | 210 |
| whereupon payment shall be made to the commission. Assessments | 211 |
| collected pursuant to division (B) of this section shall be | 212 |
| deposited into the energy efficiency stakeholder advisory group | 213 |
| fund created under section 4930.13 of the Revised Code. | 214 |
| Sec. 4930.13. (A) There is hereby created the energy | 215 |
| efficiency stakeholder advisory group fund, which shall be in the | 216 |
| custody of the treasurer of state but shall not be part of the | 217 |
| state treasury. The fund shall consist of the money received from | 218 |
| the following: | 219 |
| (1) Grants or other money received from private foundations | 220 |
| or other entities in support of evaluating energy efficiency and | 221 |
| peak demand reduction programs and related matters pursuant to | 222 |
| sections 4930.05 to 4930.08 and section 4930.12 of the Revised | 223 |
| Code; | 224 |
| (2) Assessments collected pursuant to division (B) of section | 225 |
| 4930.12 of the Revised Code. | 226 |
| All investment earnings of the fund shall be credited to the | 227 |
| fund. | 228 |
| (B) The public utilities commission shall administer the fund | 229 |
| and, for the members' review, shall provide members of the energy | 230 |
| efficiency stakeholder advisory group with reports of fund | 231 |
| expenditures and the fund's balance, as appropriate. All money in | 232 |
| the fund shall be used by the group to do the following: | 233 |
| (1) Hire and pay reasonable compensation to the facilitator | 234 |
| to assist the group; | 235 |
| (2) Pay the expenses incurred to evaluate proposed and | 236 |
| existing energy efficiency and peak demand reduction programs and | 237 |
| related matters pursuant to sections 4930.05 to 4930.08 of the | 238 |
| Revised Code. | 239 |
| Sec. 4930.14. The energy efficiency stakeholder advisory | 240 |
| group shall assess the effectiveness of its review of energy | 241 |
| efficiency and peak demand reduction matters, including its review | 242 |
| of programs proposed and conducted by electric distribution | 243 |
| utilities, natural gas companies, and stakeholders under sections | 244 |
| 4930.01 to 4930.14 of the Revised Code. Not later than December | 245 |
| 31, 2024, the group shall issue a report to the general assembly | 246 |
| recommending that the group continue in existence or cease to | 247 |
| exist. | 248 |
