reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2310 | Default; Sequestration and Payment of Revenues for Benefit of Bondholders, Assignees, and Financing Parties.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A)(1) If an electric distribution utility subject to a final financing order defaults on any required payment of phase-in-recovery revenues, a court, upon application by an interested party and without limiting any other remedies available to the applicant, shall order the sequestration and payment of the revenues for the benefit of bondholders, any assignee, and any financing parties. The court order shall remain in full force and effect notwithstanding any bankruptcy, reorganization, or other insolvency proceedings with respect to the electric distribution utility or any affiliate.
(2) Notwithstanding division (A)(1) of this section, customers of an electric distribution utility shall be held harmless for the electric distribution utility's failure to remit any required payment of phase-in-recovery revenues, and such failure shall in no way affect the phase-in-recovery property or the rights to impose, collect, and adjust the phase-in-recovery charges under sections 4928.23 to 4928.2318 of the Revised Code.
(B) Phase-in-recovery property under a final financing order and the interests of an assignee, bondholder, or financing party in that property under a financing agreement are not subject to setoff, counterclaim, surcharge, or defense by the electric distribution utility subject to the final financing order or any other person, including as a result of the electric distribution utility's failure to provide past, present, or future services, or in connection with the bankruptcy, reorganization, or other insolvency proceeding of the electric distribution utility, any affiliate, or any other entity.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2311 | Successors.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
Any successor to an electric distribution utility subject to a final financing order shall be bound by the requirements of sections 4928.23 to 4928.2317 of the Revised Code. The successor shall perform and satisfy all obligations of the electric distribution utility under the final financing order, in the same manner and to the same extent as the electric distribution utility, including the obligation to collect and pay phase-in-recovery revenues to the person entitled to receive those revenues. The successor shall have the same rights of the electric distribution utility under the final financing order, in the same manner and to the same extent as the electric distribution utility.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2313 | Sale, Assignment, or Transfer of Phase-in-Recovery Property.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) Any sale, assignment, or transfer of phase-in-recovery property under a final financing order shall be an absolute transfer and true sale of, and not a pledge of or secured transaction relating to, the seller's right, title, and interest in, to, and under the property, if the documents governing the transaction expressly state that the transaction is a sale or other absolute transfer. A transfer of an interest in that property may be created only when all of the following have occurred:
(1) The financing order has become final and taken effect.
(2) The documents evidencing the transfer of the property have been executed and delivered to the assignee.
(3) Value has been received for the property.
(B) The characterization of the sale, assignment, or transfer as an absolute transfer and true sale and the corresponding characterization of the property interest of the purchaser shall be effective and perfected against all third parties and shall not be affected or impaired by, among other things, the occurrence of any of the following:
(1) Commingling of phase-in-recovery revenues with other amounts;
(2) The retention by the seller of either of the following:
(a) A partial or residual interest, including an equity interest, in the phase-in-recovery property, whether direct or indirect, or whether subordinate or otherwise;
(b) The right to recover costs associated with taxes, franchise fees, or license fees imposed on the collection of phase-in-recovery revenues.
(3) Any recourse that the purchaser or any assignee may have against the seller;
(4) Any indemnification rights, obligations, or repurchase rights made or provided by the seller;
(5) The obligation of the seller to collect phase-in-recovery revenues on behalf of an assignee;
(6) The treatment of the sale, assignment, or transfer for tax, financial reporting, or other purposes;
(7) Any application of the adjustment mechanism under the final financing order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2314 | Exemption From Taxes and Other Charges.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
(A) The transfer and ownership of phase-in-recovery property and the imposition, charging, collection, and receipt of phase-in-recovery revenues under sections 4928.231 to 4928.2317 of the Revised Code are exempt from all taxes and similar charges imposed by the state or any county, municipal corporation, school district, local authority, or other subdivision.
(B) Phase-in-recovery bonds issued under a final financing order shall not constitute a debt or a pledge of the faith and credit or taxing power of this state or of any county, municipal corporation, or any other political subdivision of this state. Bondholders shall have no right to have taxes levied by this state or the taxing authority of any county, municipal corporation, or any other political subdivision of this state for the payment of the principal of or interest on the bonds. The issuance of phase-in-recovery bonds does not, directly, indirectly, or contingently, obligate this state or any county, municipal corporation, or political subdivision of this state to levy any tax or make any appropriation for payment of the principal of or interest on the bonds.
(C) Nothing in this section prohibits the levy of the tax imposed under Chapter 5751. of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2315 | Prohibition of State Interference.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) The state pledges to and agrees with the bondholders, any assignee, and any financing parties under a final financing order that the state will not take or permit any action that impairs the value of phase-in-recovery property under the final financing order or revises the phase-in costs for which recovery is authorized under the final financing order or, except as allowed under section 4928.238 of the Revised Code, reduce, alter, or impair phase-in-recovery charges that are imposed, charged, collected, or remitted for the benefit of the bondholders, any assignee, and any financing parties, until any principal, interest, and redemption premium in respect of phase-in-recovery bonds, all financing costs, and all amounts to be paid to an assignee or financing party under an ancillary agreement are paid or performed in full.
(B) Any person who issues phase-in-recovery bonds is permitted to include the pledge specified in division (A) of this section in the phase-in-recovery bonds, ancillary agreements, and documentation related to the issuance and marketing of the phase-in-recovery bonds.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2316 | Governing Law.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
(A) The law governing the validity, enforceability, attachment, perfection, priority, and exercise of remedies with respect to the transfer of phase-in-recovery property under a final financing order, or creation of a security interest in any such property, phase-in-recovery charges, or final financing order shall be the laws of this state as set forth in sections 4928.23 to 4928.2318 of the Revised Code.
(B) This section shall control in the event of a conflict between sections 4928.23 to 4928.2317 of the Revised Code and any other law regarding the attachment, assignment, or perfection, the effect of perfection, or priority of any security interest in or transfer of phase-in-recovery property under a final financing order.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2317 | Repealed Laws Have No Effect on Actions Taken.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
If any provision of sections 4928.23 to 4928.2318 of the Revised Code is held to be invalid or is superseded, replaced, repealed, or expires for any reason, that occurrence shall not affect any action allowed under those sections that is taken prior to that occurrence by the public utilities commission, an electric distribution utility, an assignee, a collection agent, a financing party, a bondholder, or a party to an ancillary agreement. Any such action shall remain in full force and effect.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.2318 | Assignee or Financing Party Not Considered an Electric Distribution Utility.

Effective:
March 22, 2012
Latest Legislation:
House Bill 364 - 129th General Assembly
An assignee or financing party shall not be considered an electric distribution utility or person providing electric service by virtue of engaging in the transactions described in sections 4928.23 to 4928.2313 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.24 | Federal Energy Advocate, Duties.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
The public utilities commission shall employ a federal energy advocate to monitor the activities of the federal energy regulatory commission and other federal agencies and to advocate on behalf of the interests of retail electric service consumers in this state. The attorney general shall represent the advocate before the federal energy regulatory commission and other federal agencies. Among other duties assigned to the advocate by the commission, the advocate shall examine the value of the participation of this state's electric utilities in regional transmission organizations and submit a report to the public utilities commission on whether continued participation of those utilities is in the interest of those consumers.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.32 | Procedures for Expedited Discovery in Proceeding Initiated to Consider Transition Plan.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) The public utilities commission shall establish reasonable procedures for expedited discovery in any proceeding initiated to consider a transition plan filed under section 4928.31 of the Revised Code.
(B) Not later than forty-five days after the date on which an electric utility files a transition plan under section 4928.31 of the Revised Code, any person having a real and substantial interest in the transition plan may file with the commission preliminary objections to the transition plan, which shall identify with specificity issues pertaining to any aspect of the transition plan, and any such person may propose specific responses to those issues. The commission shall address those objections and responses in its final order.
In addition, not later than ninety days after the plan's filing, the commission staff shall file with the commission a report of its recommendations with respect to the plan. Prior to commission approval of the plan, the commission shall afford a hearing upon those aspects of the plan that the commission determines reasonably require a hearing.
(C) The commission shall maintain a complete record of all proceedings relative to a transition plan filed under section 4928.31 of the Revised Code and shall issue and file with the record of the case findings of fact and written opinions setting forth the reasons for any modification to or its approval of a transition plan.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.33 | Transition Plan Approval.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) Not later than two hundred seventy-five days after the date an electric utility files a transition plan under section 4928.31 of the Revised Code, but, in any event, not later than October 31, 2000, the public utilities commission shall issue a final order approving the transition plan as filed under section 4928.31 of the Revised Code or an order modifying and approving that plan. The order is subject to section 4903.15 of the Revised Code and is subject to review and appeal under chapter 4903. of the Revised Code.
(B) If the commission fails to issue, by October 31, 2000, a final order approving a transition plan, or such a final order has been enjoined in whole or in part pending appeal to a court, the commission shall issue an interim order prescribing a transition plan, to have effect on an interim basis only, and containing the plan components required by division (A) of section 4928.31 of the Revised Code and providing for the opportunity for transition revenue receipt if such an application were included in the plan filed by the utility under that section. The interim order is subject to section 4903.15 of the Revised Code but is not subject to review and appeal under Chapter 4903. of the Revised Code.
An interim plan prescribed under the interim order shall be effective for the electric utility beginning on the starting date of competitive retail electric service and shall continue in effect until such time as any other replacement transition plan takes effect pursuant to a final commission order or resolution of an appeal. Any interim plan so prescribed shall comply with the applicable provisions of section 4928.34 of the Revised Code. A final commission order shall provide for a reconciliation of those amounts determined in the final order relative to division (A) of section 4928.31 of the Revised Code as compared to the interim amounts as determined under this division.
(C) No electric utility required to file a transition plan under section 4928.31 of the Revised Code shall fail to implement a transition plan approved or prescribed for the utility by a commission order issued under division (A) or (B) of this section. No electric utility shall provide retail electric service in this state during the market development period except pursuant to such an approved or prescribed transition plan.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.36 | Complaint Concerning Transition Plan.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
The public utilities commission has jurisdiction under section 4905.26 of the Revised Code, upon complaint by any person or upon complaint or initiative of the commission on or after the starting date of competitive retail electric service, to determine whether an electric utility has failed to implement, in conformance with an order under section 4928.33 of the Revised Code or in ongoing compliance with applicable provisions of the policy specified in section 4928.02 of the Revised Code, a transition plan approved under section 4928.33 of the Revised Code. If, after reasonable notice and opportunity for hearing as provided in section 4905.26 of the Revised Code, the commission determines that the utility has failed to so comply, the commission, in addition to any other remedies provided by law, may use the remedies specified in divisions (C)(1) to (3) and (D)(1) and (2) of section 4928.18 of the Revised Code to enforce compliance.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.38 | Commencing and Terminating Transition Revenues.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
Pursuant to a transition plan approved under section 4928.33 of the Revised Code, an electric utility in this state may receive transition revenues under sections 4928.31 to 4928.40 of the Revised Code, beginning on the starting date of competitive retail electric service. Except as provided in sections 4905.33 to 4905.35 of the Revised Code and this chapter, an electric utility that receives such transition revenues shall be wholly responsible for how to use those revenues and wholly responsible for whether it is in a competitive position after the market development period. The utility's receipt of transition revenues shall terminate at the end of the market development period. With the termination of that approved revenue source, the utility shall be fully on its own in the competitive market. The commission shall not authorize the receipt of transition revenues or any equivalent revenues by an electric utility except as expressly authorized in sections 4928.31 to 4928.40 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.39 | Determining Total Allowable Transition Costs.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
Upon the filing of an application by an electric utility under section 4928.31 of the Revised Code for the opportunity to receive transition revenues under sections 4928.31 to 4928.40 of the Revised Code, the public utilities commission, by order under section 4928.33 of the Revised Code, shall determine the total allowable amount of the transition costs of the utility to be received as transition revenues under those sections. Such amount shall be the just and reasonable transition costs of the utility, which costs the commission finds meet all of the following criteria:
(A) The costs were prudently incurred.
(B) The costs are legitimate, net, verifiable, and directly assignable or allocable to retail electric generation service provided to electric consumers in this state.
(C) The costs are unrecoverable in a competitive market.
(D) The utility would otherwise be entitled an opportunity to recover the costs.
Transition costs under this section shall include the costs of employee assistance under the employee assistance plan included in the utility's approved transition plan under section 4928.33 of the Revised Code, which costs exceed those costs contemplated in labor contracts in effect on the effective date of this section.
Further, the commission's order under this section shall separately identify regulatory assets of the utility that are a part of the total allowable amount of transition costs determined under this section and separately identify that portion of a transition charge determined under section 4928.40 of the Revised Code that is allocable to those assets, which portion of a transition charge shall be subject to adjustment only prospectively and after December 31, 2004, unless the commission authorizes an adjustment prospectively with an earlier date for any customer class based upon an earlier termination of the utility's market development period pursuant to division (B)(2) of section 4928.40 of the Revised Code.
The electric utility shall have the burden of demonstrating allowable transition costs as authorized under this section. The commission may impose reasonable commitments upon the utility's collection of the transition revenues to ensure that those revenues are used to eliminate the allowable transition costs of the utility during the market development period and are not available for use by the utility to achieve an undue competitive advantage, or to impose an undue disadvantage, in the provision by the utility of regulated or unregulated products or services.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.43 | Assisting Employees Affected by Electric Industry Restructuring.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) Each state agency that provides employment assistance and job training programs, including the bureau of employment services and the department of development, shall provide concentrated attention through those programs to assisting employees whose employment is affected by electric industry restructuring under this chapter.
(B) To the extent not prohibited by federal law or any law of this state and except as otherwise provided in a labor contract or other agreement, no unencumbered money in a pension fund for employees of electric utilities shall be used for any purpose other than to pay allowable pensions or early retirement buyouts for the employees.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.47 | Customer Sited Renewable Energy Resource.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
(A) An electric distribution utility may, on a nondiscriminatory basis and subject to approval by the public utilities commission, enter into an agreement having a term of three years or more with a mercantile customer or group of mercantile customers for the purpose of constructing a customer sited renewable energy resource in this state that will provide the mercantile customer or group with a material portion of the customer's or group's electricity requirements.
(B) Any direct or indirect costs, including costs for infrastructure development or generation, associated with the in-state customer-sited renewable energy resource shall be paid for solely by the utility and the mercantile customer or group of mercantile customers. At no point shall the commission authorize the utility to collect, nor shall the utility ever collect, any of those costs from any customer other than the mercantile customer or group of mercantile customers.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.52 | Universal Service Rider.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
(A) Beginning July 1, 2000, the universal service rider shall replace the percentage of income payment plan rider in existence on the effective date of this section and any amount in the rates of an electric utility for the funding of low-income customer energy efficiency programs. The universal service rider shall be a rider on retail electric distribution service rates as such rates are determined by the public utilities commission pursuant to this chapter. The universal service rider for the first five years after the starting date of competitive retail electric service shall be the sum of all of the following:
(1) The level of the percentage of income payment plan program rider in existence on the effective date of this section;
(2) An amount equal to the level of funding for low-income customer energy efficiency programs provided through electric utility rates in effect on the effective date of this section;
(3) Any additional amount necessary and sufficient to fund through the universal service rider the administrative costs of the low-income customer assistance programs and the consumer education program created in section 4928.56 of the Revised Code.
(B) If, during or after the five-year period specified in division (A) of this section, the director of development, after consultation with the public benefits advisory board created under section 4928.58 of the Revised Code, determines that revenues in the universal service fund and revenues from federal or other sources of funding for those programs, including general revenue fund appropriations for the Ohio energy credit program, will be insufficient to cover the administrative costs of the low-income customer assistance programs and the consumer education program and provide adequate funding for those programs, the director shall file a petition with the commission for an increase in the universal service rider. The commission, after reasonable notice and opportunity for hearing, may adjust the universal service rider by the minimum amount necessary to provide the additional revenues. The commission shall not decrease the universal service rider without the approval of the director, after consultation by the director with the advisory board.
(C) The universal service rider established under division (A) or (B) of this section shall be set in such a manner so as not to shift among the customer classes of electric distribution utilities the costs of funding low-income customer assistance programs.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.54 | Aggregate Percentage of Income Payment Plan Program Customers.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of development services shall aggregate percentage of income payment plan program customers for the purpose of establishing a competitive procurement process for the supply of competitive retail electric service for those customers. The process shall be an auction. Only bidders certified under section 4928.08 of the Revised Code may participate in the auction.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.541 | Duration of Competitive Procurement Process.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The competitive procurement process established under section 4928.54 of the Revised Code shall be conducted until a winning bid is or winning bids are selected.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.542 | Winning Bids; Requirements.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The winning bid or bids selected through the competitive procurement process established under section 4928.54 of the Revised Code shall meet all of the following requirements:
(A) Be designed to provide reliable competitive retail electric service to percentage of income payment plan program customers;
(B) Reduce the cost of the percentage of income payment plan program relative to the otherwise applicable standard service offer established under sections 4928.141, 4928.142, and 4928.143 of the Revised Code;
(C) Result in the best value for persons paying the universal service rider under section 4928.52 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.543 | Rules.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of development services shall adopt rules in accordance with Chapter 119. of the Revised Code to implement sections 4928.54, 4928.541, and 4928.542 of the Revised Code. The rules shall ensure a fair and unbiased auction process and the performance of the winning bidder or bidders.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.544 | Design, Management, and Supervision of Competitive Procurement Process.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) For the purpose of facilitating compliance with sections 4928.54, 4928.541, and 4928.542 of the Revised Code, and upon written request by the director of development services, the public utilities commission shall design, manage, and supervise the competitive procurement process required by section 4928.54 of the Revised Code. To the extent reasonably possible, and to minimize costs, the process may be designed based on any existing competitive procurement process for the establishment of the default generation supply price for electric distribution utilities.
This division does not preclude a process design that is based on a competitive procurement process that applies to the combined certified territories of electric distribution utilities subject to common ownership.
(B) The director of development services shall reimburse the commission for its costs incurred under division (A) of this section. The reimbursements constitute administrative costs of the low-income customer assistance programs for the purpose of division (A) of section 4928.51 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.55 | Energy Efficiency and Weatherization Program.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of development services shall establish an energy efficiency and weatherization program targeted, to the extent practicable, to high-cost, high-volume use structures occupied by customers eligible for the percentage of income payment plan program, with the goal of reducing the energy bills of the occupants. Acceptance of energy efficiency and weatherization services provided by the program shall be a condition for the eligibility of any such customer to participate in the percentage of income payment plan program.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.56 | Education Program for Consumers Eligible to Participate in Low-Income Customer Assistance Programs.

Effective:
October 5, 1999
Latest Legislation:
Senate Bill 3 - 123rd General Assembly
The director of development may adopt rules in accordance with Chapter 119. of the Revised Code establishing an education program for consumers eligible to participate in the low-income customer assistance programs. The education program shall provide information to consumers regarding energy efficiency and energy conservation.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.57 | Biennial Report to General Assembly.

Effective:
January 4, 2007
Latest Legislation:
House Bill 251 - 126th General Assembly
On and after the starting date of competitive retail electric service, the director of development shall provide a report every two years until 2008 to the standing committees of the general assembly that deal with public utility matters, regarding the effectiveness of the low-income customer assistance programs and the consumer education program, and the effectiveness of the advanced energy program created under sections 4928.61 to 4928.63 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.581 | Report on Universal Service Fund.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) The public benefits advisory board shall conduct an independent investigation and analysis for the purpose of making the report required under division (B) of this section.
(B) With the approval of a majority of its voting members, the board shall prepare a written report containing all of the following:
(1) For each year since the establishment of the universal service fund and for each electric distribution utility, the annual amount of revenue collected from customers for the purpose of supporting the universal service fund and the low-income customer assistance programs.
(2) For 2016, 2017, and 2018, and for each electric distribution utility, a forecast of the annual amount of revenue that will be collected from customers for the purpose of supporting the universal service fund and the low-income customer assistance programs, assuming no changes are made to the programs. The forecast shall identify all assumptions, input variables, and values assigned to input variables. The forecast may include alternative outcomes based on variations in the assumptions, variables, and values, so as to show the sensitivity of the forecast to alternative inputs.
(3) A recommendation as to any changes that should be made to the design and implementation of the current universal service fund and the low-income customer assistance programs to ensure that energy services are provided to low-income and other consumers in this state in an affordable manner consistent with the policy specified in section 4928.02 of the Revised Code.
(C) The report required under division (B) of this section may include dissenting views and alternative recommendations.
(D) On or before December 15, 2015, the board shall submit the report required under division (B) of this section to the governor, the president of the senate, the speaker of the house of representatives, each member of the standing committees of both houses of the general assembly that have primary jurisdiction regarding public utility legislation, the director of development services, the chairperson of the public utilities commission, the Ohio consumers' counsel, and each member of the public benefits advisory board.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.582 | Authority to Obtain Professional Services.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
(A) To discharge the duties under section 4928.581 of the Revised Code, the public benefits advisory board may obtain professional services as the board determines appropriate. The professionals shall be promptly reimbursed by the director of development services for the actual and necessary expenses incurred in the performance of their duties under section 4928.581 of the Revised Code. The reimbursements constitute administrative costs of the low-income customer assistance programs for the purpose of division (A) of section 4928.51 of the Revised Code.
(B) The chairperson of the board may execute, subject to the advice and consent of the board, any professional-services retention agreements that the board determines appropriate.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.583 | Response to Requests.

Effective:
September 29, 2015
Latest Legislation:
House Bill 64 - 131st General Assembly
The director of development services, the public utilities commission, and each electric distribution utility shall promptly respond to requests by the public benefits advisory board for information needed to prepare the report required under section 4928.581 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.621 | Creating an Advanced Energy Manufacturing Center.

Effective:
July 31, 2008
Latest Legislation:
Senate Bill 221 - 127th General Assembly
(A) Any Edison technology center in this state is eligible to apply for and receive assistance pursuant to section 4928.62 of the Revised Code for the purposes of creating an advanced energy manufacturing center in this state that will provide for the exchange of information and expertise regarding advanced energy, assisting with the design of advanced energy projects, developing workforce training programs for such projects, and encouraging investment in advanced energy manufacturing technologies for advanced energy products and investment in sustainable manufacturing operations that create high-paying jobs in this state.
(B) Any university or group of universities in this state that conducts research on any advanced energy resource or any not-for-profit corporation formed to address issues affecting the price and availability of electricity and having members that are small businesses may apply for and receive assistance pursuant to section 4928.62 of the Revised Code for the purpose of encouraging research in this state that is directed at innovation in or the refinement of those resources or for the purpose of educational outreach regarding those resources and, to that end, shall use that assistance to establish such a program of research or education outreach. Any such educational outreach shall be directed at an increase in, innovation regarding, or refinement of access by or of application or understanding of businesses and consumers in this state regarding, advanced energy resources.
(C) Any independent group located in this state the express objective of which is to educate small businesses in this state regarding renewable energy resources and energy efficiency programs, or any small business located in this state electing to utilize an advanced energy project or participate in an energy efficiency program, is eligible to apply for and receive assistance pursuant to section 4928.62 of the Revised Code.
(D) Nothing in this section shall be construed as limiting the eligibility of any qualifying entity to apply for or receive assistance pursuant to section 4928.62 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.63 | Purpose of Energy Efficiency Program.

Effective:
January 4, 2007
Latest Legislation:
House Bill 251 - 126th General Assembly
The director of development and the public benefits advisory board have the powers and duties provided in sections 4928.61 and 4928.62 of the Revised Code, in order to promote the welfare of the people of this state; stabilize the economy; assist in the improvement and development within this state of not-for-profit entity, industrial, commercial, distribution, residential, and research buildings and activities required for the people of this state; improve the economic welfare of the people of this state by reducing energy costs and by reducing energy usage in a cost-efficient manner using, as determined by the director, both the most appropriate national, federal, or other standards for products and the best practices for the use of technology, products, or services in the context of a total facility or building; and assist in the lowering of energy demand to reduce air, water, or thermal pollution. It is hereby determined that the accomplishment of those purposes is essential so that the people of this state may maintain their present high standards in comparison with the people of other states and so that opportunities for improving the economic welfare of the people of this state, for improving the housing of residents of this state, and for favorable markets for the products of this state's natural resources, agriculture, and manufacturing shall be improved; and that it is necessary for this state to establish the program authorized pursuant to sections 4928.61 and 4928.62 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.641 | Costs Being Recovered Through Bypassable Charge.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
(A) If an electric distribution utility has executed a contract before April 1, 2014, to procure renewable energy resources and there are ongoing costs associated with that contract that are being recovered from customers through a bypassable charge as of September 12, 2014, that cost recovery shall, regardless of the amendments to section 4928.64 of the Revised Code by H.B. 6 of the 133rd general assembly, continue on a bypassable basis through December 31, 2032.
(B) Division (A) of this section applies only to costs associated with the original term of a contract described in that division and entered into before April 1, 2014. This section does not permit recovery of costs associated with an extension of such a contract. This section does not permit recovery of costs associated with an amendment of such a contract if that amendment was made on or after April 1, 2014.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.642 | Reduction From Compliance Amount.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
Beginning with compliance year 2020, the public utilities commission shall, in accordance with this section, reduce the number of kilowatt hours required for compliance with section 4928.64 of the Revised Code for all electric distribution utilities and all electric services companies in this state. The commission shall determine each utility's and each company's reduction by taking the total amount of kilowatt hours produced, if any, by all qualifying solar resources, as defined in section 3706.40 of the Revised Code, during the preceding compliance year, allocating that total among all electric distribution utilities and electric services companies in proportion to their baselines for the subject compliance year, and subtracting that allocated amount from the utility's or company's compliance amount as otherwise determined under section 4928.64 of the Revised Code.
Last updated May 18, 2021 at 1:52 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.643 | Baselines for Compliance With Qualified Renewable Energy Resource Requirements.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
(A) Except as provided in division (B) of this section and section 4928.644 of the Revised Code, the baseline for an electric distribution utility's or an electric services company's compliance with the qualified renewable energy resource requirements of section 4928.64 of the Revised Code shall be the average of total kilowatt hours sold by the utility or company in the preceding three calendar years to the following:
(1) In the case of an electric distribution utility, any and all retail electric consumers whose electric load centers are served by that utility and are located within the utility's certified territory;
(2) In the case of an electric services company, any and all retail electric consumers who are served by the company and are located within this state.
(B) Beginning with compliance year 2014, a utility or company may choose for its baseline for compliance with the qualified renewable energy resource requirements of section 4928.64 of the Revised Code to be the total kilowatt hours sold to the applicable consumers, as described in division (A)(1) or (2) of this section, in the applicable compliance year.
(C) A utility or company that uses the baseline permitted under division (B) of this section may use the baseline described in division (A) of this section in any subsequent compliance year. A utility or company that makes this switch shall use the baseline described in division (A) of this section for at least three consecutive compliance years before again using the baseline permitted under division (B) of this section.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.644 | Adjustments to Baselines.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
(A) The public utilities commission may reduce either baseline described in section 4928.643 of the Revised Code to adjust for new economic growth in the electric distribution utility's certified territory or in the electric services company's service area in this state.
(B) To facilitate the competitiveness of mercantile customers located in this state that are registered as self-assessing purchasers under division (C) of section 5727.81 of the Revised Code, the commission shall reduce both baselines described in section 4928.643 of the Revised Code to exclude the load and usage of those self-assessing purchasers. Upon the effective date of this reduction, both of the following shall apply:
(1) Any electric distribution utility or electric services company serving such a self-assessing purchaser shall be relieved of the amount of compliance with section 4928.64 of the Revised Code that would be required but for the baseline reduction.
(2) Such a self-assessing purchaser shall be exempt from any bypassable charge imposed under division (E) of section 4928.64 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4928 | Competitive Retail Electric Service › Section 4928.65 | Adoption of Rules Governing Disclosure of Costs to Customers of the Renewable Energy Resource, Energy Efficiency Savings, and Peak Demand Reduction Requirements.

Effective:
September 12, 2014
Latest Legislation:
Senate Bill 310 - 130th General Assembly
(A) Not later than January 1, 2015, the public utilities commission shall adopt rules governing the disclosure of the costs to customers of the renewable energy resource, energy efficiency savings, and peak demand reduction requirements of sections 4928.64 and 4928.66 of the Revised Code. The rules shall include both of the following requirements:
(1) That every electric distribution utility list, on all customer bills sent by the utility, including utility consolidated bills that include both electric distribution utility and electric services company charges, the individual customer cost of the utility's compliance with all of the following for the applicable billing period:
(a) The renewable energy resource requirements under section 4928.64 of the Revised Code, subject to division (B) of this section;
(b) The energy efficiency savings requirements under section 4928.66 of the Revised Code;
(c) The peak demand reduction requirements under section 4928.66 of the Revised Code.
(2) That every electric services company list, on all customer bills sent by the company, the individual customer cost, subject to division (B) of this section, of the company's compliance with the renewable energy resource requirements under section 4928.64 of the Revised Code for the applicable billing period.
(B)(1) For purposes of division (A)(1)(a) of this section, the cost of compliance with the renewable energy resource requirements shall be calculated by multiplying the individual customer's monthly usage by the combined weighted average of renewable-energy-credit costs, including solar-renewable-energy-credit costs, paid by all electric distribution utilities, as listed in the commission's most recently available alternative energy portfolio standard report.
(2) For purposes of division (A)(2) of this section, the cost of compliance with the renewable energy resource requirements shall be calculated by multiplying the individual customer's monthly usage by the combined weighted average of renewable-energy-credit costs, including solar-renewable-energy-credit costs, paid by all electric services companies, as listed in the commission's most recently available alternative energy portfolio standard report.
(C) The costs required to be listed under division (A)(1) of this section shall be listed on each customer's monthly bill as three distinct line items. The cost required to be listed under division (A)(2) of this section shall be listed on each customer's monthly bill as a distinct line item.