Mancini, RJ From: Tully. Pat Sent: Monday, May 27, 2019 11:38 AM To: Callender. Jamie; Wiikin, Shane: McAqufe, Matthew; McGee, Jonathon; Gray, Bryan Subject: Possible amendment {or HE Attachments: 133HI36~0563X1.pdf; New Amendments Outllnexiaox See attached. Pat Tully Senior Policy Adviser Speaker Larry Householder Ohio House of Representatives 614-466-0891 HE Amendments Outiine Requires annual audit to be conducted by an unaffiliated and independent third party A certified clean air resource cannot go to board of revision and ask for a reduction In taxable value of its property after the effective date of the legislation Aliow major solar facilities (50 MW or more) certified by the Ohio Power Siting Board by 6/1/19 to be eiigible for the Clean Air Program (five sites and almost 1,000 MW). Anti-windfall provision with a credit price adjustment downward if market prices rise significantly a. if future energy/capacity prices in the AEP/Deyton Hub reach certain price, the $9 credit will be adjusted downward (market price index strike price a new credit price for that program yea r) b. Applies only to a nuclear resource and decision will be made by the OAQDA by April 1" each program year I c. Similar construct to NY and lL programs Sub. H.B. As Reported by H. Energy and Natural Resources Teeie: Solar, eredit price, remittance, and tax changes moved to amend as follows: In line 5 of the title, after "5501.311,? ineert In line 11 of the title, after ?3706.485," insert "3706.486," In line 26, after "4928.6610," ineert "5727.47," In line 30, after "3706.485," insert "3706.486," In line 333, after "pagan? insert or that or will solar enerqy as the primarv eneyqv eouree and has obtained a eerti?ieate from the newer siting beard prior to June 1. 2019. ang After line 366, ineert: ?Credit pxice adiuetment" means a reduction to the price for each clean air credit equal to the market Brice index minus the gtxike pride, 1G) "Strike bride" means forty~eix dollars per meeawatt hour. (H) "Market price index? means the sum, in doilara per meaawatt hour. of both of the followine for the undomine year: Proiected energy prioee, determined ueinq futures {1345507 13.7 AMUEG 3X1 contracts for the EJM BEP~Dayton hub: (31 Pxojeeted eggaeity prices. detegmined uging reet?of?RTO mexket clearing price," In line 508, delete In line 511, delete "as? In line 512, delete "long ee there is euggieiegt mggey $9 the and insert "egejeet t9 gegtiou 329?,g?6 of gee Regised Code" Delete lines 515 through 519 In line 521, after ??elle?e" insert exeept ee pngyided i3 division (C) DE thig geetien. (C) To ensure that the purchase of clean air credits remains able to retail 0 are electrieit inereaee 01 the Eiget day of April during the first gregxem year and enngelly th date i uh ue ro ram eare he her hall a 1 credit ee etnent for omi re if the market price index exceegg the gtrike pgiee 03 that date. Thie diviei shell 1 to clean air re ou cee ed nuele QOEIEQ 1" After line 538, insert: "See. 3v06.486. (A) If the menev in the Ohio clean air re re i ffieient t?eul month to the remitta ?3706.482 at the Revised Code, the Ohio air qualitv development authoritv Shall. not later than fourteen days after the eloee of teat month. dire he urer this section shall be made in the following order at P3992 priority: (1) To the owners of clean air resouroee fueled by nucleet OWE 3: i To the ownere of clean air resources that use or will use egzlax: energ 55 After any remittances are made under division (A) of this section, the remittances under sections 3706.482 and 3706.485 of the Revised Code shall be made in the followinq order of priority: Under section 3706.482 of the Revised Code.'to the ownere gt clean air resources ?ueled by nuclear bower: Under section 3?06,482 of the Revised Code? to the owners of clean air resources that use or will use solar energy: Under section 3706.485 of the Revised Code. to electric tion utilit as as re emen or eec th it) In line 554, after delete the balance of the line and insert "an unefgilieted and indepengegt thixd party? After line 1776, insert: ?See. 5727.47. (A) Notice of each assessment certified or issued pursuant to eeotion $727.23 or 5727.38 of the Revised Code shall be mailed to the public utility, and its mailing shall be prima~feoie evidence of its receipt by the public utility to which it ie addressed. With the notice, the tax commissioner shall provide inetructione on how to petition for reassessment and request a hearing on the petition. ee Except eg otherwise provided in division (G) of this section, it a public utility objects to euch an it may file with the commissioner, either personally or by certified mail, within sixty days e?ter the Pagea mailing of the notice of assessment a written petition for reassessment signed by the utility's authorized agent having knowledge oi the taste. The date the commissioner receives the petition shall be considered the date of filing. The petition shall indicate the utiliter objections, but additional objections may be raised in writing if received by the commissioner prior to the date shown on the final determination. In the case of a petition seeking a reduction in taxable value filed with respect to an assessment certified under section 5727.23 of the Revised Code, the petitioner shall state in the petition the total amount of reduction in taxable value sought by the petitioner. If the petitioner objects to the percentage of true value at which taxable property is assessed by the commissioner, the petitioner shall state in the petition the total amount of reduction in taxable value sought both with and without regard to the objection pertaining to the percentage of true value at which its taxable property is assessed. If a petitioner objects to the commissioner's apportionment of the taxable value of the petitioner's taxable property, the petitioner shall state in the petition that the petitioner objects to the commissioner's apportionment, and, within forty?five days after filing the petition tor reassessment, shall submit the petitioner's proposed apportionment of the taxable value of its taxable property among taxing districts. If a petitioner that objects to the commissioner's apportionment fails to state its objections to that apportionment in its petition for reassessment or fails to submit its proposed apportionment within forty-five days after filing the petition for reassessment, the commissioner shall dismiss the petitioner?s objection to the commissioner's apportionment, and the taxable value of the petitioner's taxable property, subject to any adjustment to taxable value pursuant to Paged 99? 109 101 102 103 104 133HBG-0563X1IRYT the petition.or appeal, shall be apportioned in the manner need by the in the preliminary or amended preliminary certi?ied under section 5727.23 of the Revised Code. If an additional objection seeking a reduction in taxable value in of the reduction stated in the original petition it properly and timely raised with respect to an assessment leaned under section 5727.23 of the Revised Code, the petitioner shall state the total amount of the reduction in taxable value sought in the additional objection both with and without regatd to any reduction in taxable value pertaining to the percentage of true value at which taxable property is assessed. If a petitioner fails to state the reduction in taxable value sought in the original petition or in additional objections properly raieed after the petition is filed, the ehall notify the petitioner of the failure by certified Mail, If the petitioner fails to notify the commissioner in writing of the reduction in taxable value Sought in the petition or in an additional objection within thirty days after receiving the commissioner's notice, the commissioner shall dismiss the petition or the additional objection in which that reduction is sought. Subject to divisions and (3) of this section, a public utility filing a petition for reassessment regarding an assessment certified or under section 572?.23 or 5727.38 of the Revised Code shall pay the tax with reepeot to the objected to as required by law. The acceptance 05 any tax payment by the treasurer o? state, tax or any county treaeurer shall not prejudice any claim for taxes on final determination by the commissioner or final by the board. of tax appeals or any court. (2) If a public utility properly and timely filee a petition Page? .105 106 107 108 109 .110 111 112 113 114 111.5 116 11'? 118 119 120 121 122 3.23 124 11.25 21.26 1.27 128 129 1.30 21.31 132 133 134 for reassessment regarding an assessment certified under section 5727.23 of the Revised Code, the petitioner shall pay the tax as prescribed by divisions and of this section: if the petitioner does not object to the commissioner?s apportionment of the taxable value of the petitioner?s taxable property, the petitioner is not required to pay the part of the tax otherwise due on the taxable value that the petitioner seeks to have reduced, subject to division of this section. If the petitioner objects to the commissioner?s apportionment of the taxable value of the petitioner?s taxable property, the petitioner is not required to pay the tax otherwise due on the part of the taxable value apportioned to any taxing district that the petitioner objects to, subject to division of this section. If, pursuant to division (A) of this section, the petitioner has, in a proper and timely manner, apportioned taxable value to a taxing district to which the commissioner did not apportion the petitioner?s taxable value, the petitioner shall pay the tax due on the taxable value that the petitioner has apportioned to the taxing district, subject to division of this section. If a petitioner objects to the percentage of true value at which taxable property is assessed by the commissioner, the petitioner shall pay the tax due on the basis of the percentage of true value at which the public utility?s taxable property is assessed by the commissioner. In any case, the petitioner's payment of tax shall not be less than the amount of tax due based on the taxable value reflected on the last appeal notice issued by the Commissioner under division (o).of this section. until the county auditor receives notification under division (E) of this section and proceeds under section 5727.471 of the Revised Code to Pags? 135 ?1.36 13'? 138 139 3.40 141 14.2 AM0663X1 issue any refund that is fousd to be due, the county auditor shall not issue a refund for any increase in the reduction in taxable value that is sought by a petitioner later than days after the petitioner files the original petition as required under division (A) of this section? (3) Any part of the tax that, under division or of this section, is not paid shall be collected upon receipt of the notification as provided in section 5727.471 of the Revised Code with interest thereon computed in the same manner as interest i3 computed under division (E) of sootion 5715.19 of the Revised Code, subject to any correction of the assessment by the commissioner under division (E) of this section or the final judgment o? the board of tax appeals or a court to which the board?s final judgment is appealed. The penalty imposed under section 323.121 of the Revised Code shall apply only to the unpaid portion of the tax if the petitioner's tax payment is less than the amount of tax due based on the taXable value reflected on the last appeal notice issued by the commissioner under division (C) of this section. (C) Upon receipt of a properly filed petition for reassessment with respect to an assessment certified under section 5727.23 of the Revised Code, the tax commissioner shall notify the treasurer of state or the auditor of each County to which the assessment objected to has been certified. In the case of a petition with respect to an assessment certified under section 5727.23 of the Revised Code, the commissioner shall issue an appeal notice within thirty days after receiving the amount 0E the taxable value reduction and apportionment changes sought by tho petitioner in the oxiginal petition or in any additional objections properly and timely raised by the petitioner. The appeal notice shall indicate the amount of the reduction in 1'70 171 172 1'73 174 1'25 176 177 178 179 180 1.81 182 133 184 185 186 i8? 188 169 190 191. 192 193 194 195 AM0883X1 taxable Value sought in the petition or in the additional objections and the extent to which the reduction in taxable value and any change in apportionment requested by the petitioner would affect the apportionment of the taxable value among taxing diatriote in the county as Shown in the assessment. If a petitionex ie a reduction in taxable value on the basis of a lower percentage of true value than the percentage at which the assessed the petitionex'e taxable property, the appeal notice shall indicate the reduction in taxable value sought by the petitioner without regard to the reduction sought on the baeie of the lower percentage and shall indicate that the petitioner ie required to pay tax on the reduced taxable valua determined without xegard to the reduction sought on the baeie o? a lower percentage of true value, as provided under division of this section. The appeal notice shall include a statement that the reduced taxable value and the apportionment indicated in the notice are not final and are subject to adjustment by the commissioner or by the board of tax appeals or a court on appeal. If the commissioner tinde an error in the appeal notice, the commissioner may amend the notice, but the notice is only for infotmational and tax payment the notice is not subject to appeal by any peraon. The commissioner also shall mail a copy of the appeal notice to the petitioner. Upon the request of a taxing authoxity, the county auditor may disclose to the taxing authority the extent to which a reduction in taxable value sought by a petitioner would affect the apportionment of taxable value to the taxing dietriot or districte under the taxing authority'e jurisdiction, but such a discloeure does not constitute a notice required by law to be given for the purpose of section 5717.02 of the Revised Code. (D) If the petitioner requests a hearing on the petition, the Pages 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 AM0563X1 tax commissioner shall assign a time and place for the hearing on the petition and notify the petitionex of euoh time and place, but the oommiesionex may continue the hearing from time to time as neoeseery. (E) The tax commissioner may make corrections to the assessment as the commissioner finds proper. The commissioner shall serve a copy of the commissionex'e final determination on the petitioner in the manner provided in section 5703.3? of the Revised Code. The commissioner's decision in the matter shall be final. subject to appeal undex Hection 5717.02 of the Revised Coae. with respeot to a ?inel determination issued for an assessment certified under section 5727.23 of the Revised Code, the oommiseioner also shall tranemit a copy o? the ?inal determination to the applicable county auditor. In the absence o? any further appeal, or when a decision of the board of tax appeals or of any court to which the decision has been appealed becomes final, the commissioner shall notify the public utility and. as appropriate, shall proceed under section 5727.42 of the Revised Code, or notify the applicable county auditor, who shall pxooeed under section 5727.471 of the Revised Code. The notification made under this division is not subject to ?urther appeal. (F) On appeal, no adjustment ehall be made in the tax commissioner's oertified under section 5727.23 of the Revised Code that reduces the taxable value of a petitioner's taxable property by an amount that exceeds the reduction sought by the petitioner in its petition for reassessment or in any additional objections properly and timely raised after the petition is filed with the commissioner. electric eon an ab 0 or that is or is Pages 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 2&8 256 AM0563X1 art of. a clean air resource fueled bv nuclear power and t5 1 ,ertified under section 3706.44 e? the Revised Code may file a '1 1 etitien for seekina a reduetion in taxable value of 1 at property._prpvided that any such petition shall not request; 1 nd the tax shall have no authority to grant. a SD eduction in taxable value below the taxable values ?or such 1 1 ropertv as of the effective date of the amendmente to thie gecticn by B.B. 6 of the 133rd General As used in this division. "clean air resource" hae the same meaninq as defined by seetien 3706.40 of the Revised Code." In line 2144, after ?4928.6610," insert ?5727.47," The motion was agreed to. Page10 257 258 259 260 261 262 263 264 265 266 26'? 133H36-0583X1IRYT Mancini. RJ From: Tully, Pat Sent: Wednesday, May 29, 2019 8:37 AM To: McGee, Jonathon; Crum. Dwight; McAuilffe, Matthew; Caliender, Jamie; Wilkln. Shane; Vitale. Nlno: Gray, Bryan Subject: Updated L80 analysis on H8 6 Attachments: R?133?1361.pdf Pat Tully Senior Policy Adviser Speaker Larry Householder Ohio House of Representatives 614466-0891 "1?1 ll 0 9 -: OHIO LEGISLATIVE SERVICE COMMISSION Mark Flanders, Director Of?ce of Research Legislative Budget and Drafting Office .. - R-133-1361 To: Pat Tully, Senior Policy Adviser House Majority Caucus From: Russ Keller, Senior Economist Date: May 29, 2019 Subject: Comparison of aggregate costs in baseline law, H.B. 6 and ms. 260 This memorandum offers a succinct comparison of baseline law with the aggregate compliance costs contained within both i-i.B. 6 and H.B. 260 of the 133?! General Assembly. The estimates concerning H.B. 260 should be regarded as preliminary. Ohio Clean Air Fund and alternative energy portfolio standard Both H.B. 6 and H.B. 260 authorize a new fixed charge assessed on ratepayers to fund the Ohio CleanAIr Program through December 31, 2029. Both of these charges represent an increase over baseline law. Beginning in calendar year (CY) 2020, H.B. 6 repeais the alternative energy portfolio standard while H.B. 260 augments the solar carve-out within the existing resource requirements codified In baseline law through CY 2025. The bill further escalates the existing renewable resource requirements through CY 2050, at which point they will be 50% of all energy supplied to consumers. Due to the establishment of the Ohio Clean Air Program, both Hit. 6 end H.B. 260 Increase aggregate costs through CY 2030. as compared to baseline law. The augmented AEPS In H.B. 260 makes AEPS compliance costs for that bill more expensive than both baseline law and i-i.B. 6. However, the revenues to the Ohio Clean Air Program Fund in i~l.B. 260 are lower than those proposed by H.B. 6. Beginning In CY 2031 and years thereafter, H.B. 6 would be less expensive than baseline law whereas the. 260 would be more expensive. The table below offers a succinct projection of costs under baseline law and the two bills. The estimates should be regarded as preliminary until additional reference materials can be reviewed by LBO economists. Vern Ri?e Center a 77 South High Street, Ninth Floor in Columbus, Ohio'rigeisvotso Telephone (614)466-3615 Of?ce of Research and Drafting LSC Legislative Budget Of?ce 5 or Ohm crown our Program Fund and A595 CV 2020 CV 2021 (amounts In millions) .-.-.- 3, ?:?iz?i?h?SGIlOhio Clean Air Program Fund $0 514051051916 $93.4 to $160 AEPS Compliance Costs $67.1 to $77.4 $0 $69.6 to $83.6 Total $67.21. to $77.4 $140.5 to $197.6 $163.0 to $243.6 Energy ef?ciency and peak demand reduction A lack of public information concerning electric distribution utilities? (EDUs) future plans and ongoing disputes regarding limits on compliance costs prevent LBO staff members from projecting a definitive outcome. The potential fiscal Impacts under H.B. 6 and 260 are further exacerbated by separate provisions In the respective bills that enable varying options for EDU participation and measurement of their compliance. PUCO implemented a cost cap for energy efficiency and peak demand reduction portfolio plans equal to 4% of an total 2015 operating reVenues from sales to ultimate customers, as reported to the Federal Energy Regulatory Commission. The existing statute does not explicitly vest PUCO with the authority to Impose a cost cap on the compliance with mandatory obligations. instead, the Commission implemented the 4% cost cap under its general retemeking authority.1 Section 4928.663 of H.B. 260 explicitly prohibits PUCO from limiting "the amount that an electric distribution utility may spend on cost effective programs.? This provision will likely increase costs, but only If the PUCO?imposed cost cap is upheld by the Ohio Supreme Court. The cost can was challenged by the three FIrstEnergy EDUs, who remarked that their curre?it portfolio plan is ?well over $108 million, which clearly exceeds the Commission?s cost Gap.? L80 economists cannot speculate on the fiscal impact of future portfolio plans because none of the EDUs have filed Information with PUCO about their future compliance strategies. The witness testimony concerning H.B. 6 before the House Committee on Energy and Natural Resources did not offer definitive insights on the future plans, either. Some witnesses, including PUCO Chairperson Sam Rendazzo, speculated that EDUs would rely upon banked energy efficiency savings to comply with future mandates. Presumably, this approach ls 1 only rules regarding caps on plans are in 0.A.C. which requires each EDU to ?demonstrate that its program portfolio plan is cost~effeciive on a portfolio basis.? The term, ?cosoeffective pregram,? is codified by i-i.B. 260. 7' Ohio Supreme Court Case No. 20180379, Reply Brief of Appellants, September 10, 2018. i 2 . 11433-1361 Office of Research and Drafting LSC Leglsiative Budget Office considerably less expensive than new energy savings achievements. previously remarked in Supreme Court filings that the scope and pricing of programs has changed. For example, they claim historical compliance costs from 2012 to 2014 would not accurately predict future costs. The company elaborated by stating ?in some cases, the amount of savings have decreased, requiring more participation simply to achieve the same levels of savings as In the past. In other cases, technologies have evolved and have become more expensive, requiring an increase in the Incentive levels offered to customers." Whereas H.B. 260 maintains the existing savings requirements, H.B. 6 makes compliance optional beginning in CV 2021. The comparisons to baseline law are further clouded by provisions that replace explicit measurement techniques with general instructions to PUCO requiring them to develop methods ?based on the latest best practices.? Although H.B. 6 seems to offer the most opportunity for reduced compliance costs, it does not guarantee that EDUs would discontinue the programs when afforded the option. Multiple witnesses in the House Energy and Natural Resources committee observed that EDUs did not suspend their programs in 2015 and 2016 when annual benchmarks for those years were essentially eliminated by 5.8. 310 of the 131? General Assembly. Michael Haugh of the Office of the Ohio Consumers? Counsel, hypothesized In his testimony that EDUs would their programs because they are profitable business operations. Therefore, it Is possible that outcomes under baseline law, H.B. 6 and H.B. 260 could be similar, or significantly different. If you should have further questions about revenue and expense information presented In this memorandum, please contact me by telephone at (614) 6444751. 1? 3 . R-tg3eg 61 Mancini. RJ From: Gray, Bryan Sent: Wednesday, June 26, 2019 4:13 PM To: Shane 00: Manolnl, RJ Subject: FW: second revlsed DRAFT SUMMARY of Attachments: second revised DRAFT SUMMARY of ATT00001.txl Is a prewsummary from LSC on the Senate's Sub bill for H86. Call me with questions. Bryan Gray Originai From: Bryan Gray Sent: Wednesday, June 25, 2019 4:00 PM To: Gray, Bryan Subject: second revised DRAFT SUMMARY of u?ml ?cu-W Second revision: DRAFT SUMMARY of Payments for in~state nuclear and in~state renewable resources Customer charges Requires customers of an electric distribution utility to pay a per-account charge beginning January 1, 2020, and ending December 31, 2026. Those charges are: Residential: $0.80 Commercial: generally$11 as an average across customers. Industrial: generally $240 as an average across customers. :1 Commercial or Industrial customers that exceeded 45 million megawatt hours of electricity at one location lathe preceding year, $2,400. Creates the Energy Generation Fund, where the above charges are to be remitted. Requires any amount remaining in the Energy Generation Fund as of December 31, 2026, minus remittances that are required to be made by January 14, 2027, to be refunded to customers in a manner determined by the Ohio Air Quality Development Authority in consultation with the Public Utilities Commission (PUCO). In~st ate nuclear Permits an owner or operator of an In~state nuclear resource to apply, not later than February 2, 2020, to the Ohio Air Quality Development Authority for certification to receive payments from the Energy Generation Fund for nuclear resource credits earned by the resource. Requires the payments for nuclear resource credits to begin In April 2020 and end in January 2027. Sets the price of a nuclear resource credit at $9 per megawatt hour, but limits the payments for those credits to a continuous cap of 93.75% ofthe money in the fund. Requires a portion of the 93.75% to be used by the PUCO for conducting an annual management and financial audit of the owner or operator of a nuclear resource, which the bill requires. . Requires the annual audit to evaluate how the payments for nuclear resource credits were used by the owner or operator and the resource and the extent, If any, to which these payments were needed to maintain operation of the resource. Requires a copy of the audit report to be submitted to the President of the Senate, the Speaker of the House of Representatives, and the Authority. Exempts the audit process from continuing law governing PUCQ hearing procedure. Allows the Authority to a nuclear resource If, after reviewing an annual audit report, the Authority determines, in consultation with PUCO, that there is no longer 1 need for the resource owner to receive any further payments for nuclear resource credits. 1' Requires the Authority to a nuclear resource at any time if the Authority determines any of the following: :1 The resource is no longer an innstate nuclear resource. to The resource's owner or operator no longer maintains both a principal place of business in this state and a substantial presence in this state with regard to its regular corporate operations, offices, and transactions. or The resource will be decommissioned before December 31, 2026. Requires the Authority, before a resource, to allow the resource to provide additional information in support of retaining certification and to hold a public hearing and allow for public comment. Requires, if the Authority determines, during a review of an annual audit report, that there Is a reduced need for a nuclear resource owner or operator to receive payments for credits, that the PUCO must develop revised charge amounts, structures, and designs, and requires a reduction in the credit price and percentage cap accordingly. I Specifies that the tangible personal property constituting a qualifying nuclear resource may not be assessed for taxation at a value less than its current value, and that the utility may not seek a reduction in value below that current value. Int-state renewable From April 2020 to January 2027, permits an owner or operator of an Innstate ren ewabie energy resource constructed on or after the bill?s effective date to apply on a basis to the Authority to receive a supplemental renewable energy credit (REC) payment from the Energy Generation Fund for RECs sold during the previous month. 1" Requires the Authority to direct the State Treasurer to remit money to those owners or operators from the Energy Generation Fund at a rate of $3 per REC sold, subject to a continuous cap of 6.25% of the money in the fund. Requires the Authority, In directing remittances for supplemental REC payments, to prioritize earlier applicants over later applicants. Administrative provisions 3' Permits the Authority to make use of the staff and experts employed at the in stich manner as is provided by mutual arrangement between the Authority and the PUCO, and requires information, data, and equipment to be placed at the disposal ofthe Authority. It Requires the Authority to adopt rules for the Implementation of the bill?s provisions regarding payments to in-state nuclear and ln~state renewable resources. Changes to renewable energy requirements 1' Changes the renewable energy standards for electric distribution utilities and electric services companies as follows: . ?f 1! 2020 6.5% 6% 0.26% 0.24% 2021 7.5% 6.5% 0.3% 0.26% 2022 8.5% 7% 0.34% 0.28% 2023 9.5% 7.5% 0.38% 0.3% 2024 10.5% 8% 0.42% 0.32% 2025 11.5% 8.5% 0.46% 0.34% 2026 and each 12.5% No further 0.5% No further i yearthereafter requirements Lrequlrements Changes to energy ef?ciency requirements I Replaces the energy efficiency benchmarks for the years currently 2% for each of those years, culminating in a total of 22.2% 2021 through 2027, which are at the end of 2027, with a requirement that each electric distribution utility, beginning in 2021, achieve, over the course of the next nine years, the remaining savings needed to reach after subtracting any overcomplience that the utility has banked as of December 31, 2018. Requires that If a utility, in 2021, has enough banked overcom already achieved 22.2%, then the utility must demonstrate ma level for the next nine years. piience that the utility has intalned savings at that Beginning in 2021, prohibits a utility from receiving shared savings or similar Incentives for energy efficiency programs, and requires, for recovery of costs for those programs, that the costs are reasonably and prudently Incurred. Repeeis the requirement that customers that opt out of an electric distribution utility?s energy efficiency/peek demand reduction portfolio plan submit initial and updated reports to PUCO staff regarding energy intensity reduction projects, actions, policies, and practices, and cumulative reductions achieved. Recovery for a legacy generation resource Permits the PUCO to renew an order an order granting an electric distribution utility recovery for costs associated with the utility's contractual commitments related to a legacy generation resource through December 31, 2030, if the utility meets certain criteria. Requires that if the PUCO renews such an order, it most establish a nonbypassable rate mechanism for recovery of legacy generation resource costs through December 31, 2030, from customers of all electric utilities in this state. Caps charges for the nonbypassabie rate mechanism at $1.50 for residential customers and $1,500 for all other customer classes, If the mechanism is established, requires the PUCO to determine, every three years, the prudence and reasonableness of the actions of utilities with ownership interests in the legacy generation resource and whether the revenue from the contractual commitments Is greater than the costs associated with the commitments. Requires the PUCO to exclude from recovery those costs that it determines imprudent and unreasonable. Requires the PUCO to authorize a utility to adopt reasonable accounting practices for reconciling any over or under collection of costs authorized for recovery under the nonbypassablc rate mechanism. Requires the PUCO, after 2030, to authorize a charge or credit that may be in effect after that date for a period of time beyond 2030 as may be reasonably necessary to reconcile actual revenue collected with actual allowablecosts prudently incurred during under the nonbypassable rate mechanism. Certain wind farms of 5-20 megawatts under local control Subjects certain wind farms of 520 megawatts to local control. Property tax exemption for energy projects Permits energy projects of up to 20 megawatts to be exempted from property taxation without the formal approval of a board of county commissioners (the current threshold Is 5 megawatts). Releases such energy projects from other prerequisites for tax exemption, including repair of affected public Infrastructure, training and equipping emergency responders, and career training. Net metering system Qualifies the definition of "net metering system? by specifying that, for an industrial customeragenerator with a net metering system that has a capacity of less than 20 megawatts and uses wind as energy, it satisfies the it was sized so as to not eXceed 100% of the customer?generator's annual requirements for electric energy at the time of Interconnection Agreements for customer?sited renewable energy resources Permits an electric distribution utility, on a nondiscriminatory basis and subject to PUCO approval, to enter Into an agreement having a term of three years or more with a mercantile customer for the purpose of constructing a customenslted renewable energy resource in this state that will provide the mercantile customer with a material portion of the customer's electricity requirements. Requires any direct or indirect costs, including costs for Infrastructure development or generation, associated with the resource to be paid for solely by the utility and the mercantile customer. County fair and agricultural societies Requires an electric distribution utility to file a tariff with the PUCO that is applicable to county fairs and agricultural societies that includes a fixed service fee or an energy charge on a kllowatt~hour basis. Prohibits the minimum charge from exceeding the fixed service fee. Requires an electric distribution utility to be eligible to recover any revenue loss associated with the migration of customers to the tariff. Reasonable arrangements Requires PUCO to attempt to minimize electric rates to the maximum amount possible on trade~exposed industrial manufacturers when ruling on a reasonable arrangement application. Ca?! Rep91 From: Rele Sent: Monday. July 29, 2019 2:36 PM To: Hermann, Tyler Subject: RE: New PRR Tyler, igot the email, 1 will get the records to you by next Friday. Please let me know Ifyoo need anything else. Thanks, R1 From: Herrmann, Tyler Sent: Monday, July 29, 2019 2:34 PM To: Rep91 Subject: New PRR Good afternoon, We receIVed a new public records request for records from your office created between April 25, 2019 and July 28, 2019 concerning HB 6. Please confirm receipt of this email and try to have those records to me by the end of next week. Thank you, TylerJ, Herrmann Deputy Legal Counsel/Policy Adviser Ohio Hotlse of Representatives, Majority Caucus office: 614.466.9068 Cell: 937.750.6316 tyler.herrmann@oltlohouse.goy Mancini, RJ Front: Herrmann, Tyler Sent: Monday, September 16, 2019 10:33 AM To: Manoini, RJ Subject: RE: Public Records Requaei Awesomei Thank youi From: Mancini, RJ sent: Monday, September 16, 2019 10:33 AM To: Herrmann, Tyler Subject: RE: Public Records Request instructions Tyler, i have gone through all office email addresses, all physical correspondence, and my own and Rep Wilkins personal e? mail addresses and we do not have any contact that relates to any proposed meetings within the date scope of the request. Please reach out it you have any more questions or concerns. Best, RJ Mancini Legislative Aide to State Representative Shane Willci'n House District 91 Ohio House ofRepresentetives '77 8. High St, 11th Floor Coiumbus, 01143215 Tel: (614) 466?3506 Ii,LMazzciniCrc?gohiohoHaggai: From: Hermann, Tyler Sent: Wednesday, September 11, 2019 3:34 PM Subject: Public Records Request instructions Ail, This email serves to notify you of a public records request to your office. Randy Ludlow from the Columbus Dispatch has requested ?calendar or appointment entries and emails or other correspondence concerning meetings? dealing with Brian Durdie, Lori Herf, David Griffing, John Klani, Stephen Bureezlan, anti/er John Judge. The date scope of this request is January 14, 2019 to July 24, 2019 (original request with clarification below). in order to satisfy this request you will need to search your office calendar, all office email addresses, any physical correspondence, and any personal email addresses on which state business is conducted. Please print singiensided copies of all calendar entries and any correspondence between your office and the above named individuals from the specified date scope that relates to any proposed or confirmed meetings. Once you have gathered and printed these records please bring them to my office on the 14?? floor for legal review. ideally, i would like to receive these records from you by close of business on Friday, September 2019. If you Will be unable to meet this deadline, please let me know. After reviewing what you provide, we will send a final copy of the records to your office for review by your member prior to fulfilling the request. if you have any questions about this request now or as you Work to fulfill it, please don?t hesitate to co ntaet me. Thank you, Tyleri. Herrmenn Deputy Legal Counsel/Policy Adviser Ohio House of Representatives, Majority Caucus Office: 614.466.9068 Cell: 937.750.6316 tyier.herrmennc?oniohouseeoy I Mancini, RJ . 1 From: Blessing, Heather Sent: Thursday, October 3, 20%) 1:14 PM To: Mancini, Tully, Pat Subject: public records cheek Dear RJ. and Pat: i reviewed Rep. Wiihin?s records that were pulled for the H13 6 public records requests. I wontd like to know iftne following documents, attached to the associated emails, have been slim-ed with 3ml parties and tints not exempt under the legislative doeumente exemption. attached to Thursday, August i, 2019 email at ii'oin Within to Mancini (orighieiiy from to a btind list via email on Thursday, June 27, 2019 at 0 attached to email fi'ont Pet to various sent on Monday, May 27, 2019 et tits 8AM attached to email item Bryan Gray to Within and Mancini tinted Wednesday, June 25, 2019 at 4 :ldPM. Thank you for checking on these. Sincerely, Heather Blessing 1::th Heathct'N. Blessing, Esq. Deputy Legal Counsel, Office of the Speaker Ohio House of Representatives 77 3. High Street: Columbus, 14?? Floor, Ohio 43215 Office: 614.466.9194 Mobile: 6143525819 NOTICE The information contained in this email is intended only for the use of the individual or entity to which it is addressed and it may contain information that is privileged, attorney work product anchor exempt from diseiostn'e nutter applicable law. If the reader of this message is not the intended recipient (or the employee or agent responsihie to deliver it to the intended recipient), you are hereby notified that any dissemination, distribution, or copying of this email is prohibited. Ifyouhuve received this email in error, please notify the sender by return e-nntil. Mancini, RJ From: Mancini, RJ Sent: Thursday, October 3, 2019 1:39 PM To: Blessing, Heather Subject: RE: public records cheek Hello Heather, Rep Wilkiu or myself did not share those with any party. Please let me know lfyou need anything elsel Best, From: Blessing, Heather Seat: Thursday, October 3, 2019 1:14 PM Tot Mancini, Ri Tuiiy, Pat Subject: public records check Dear 1U. anti Pet: 1 reviewed Rep. Wilkin?s records pulled for the HE 6 public records requests. Iwouid like to know if the foliowiug documents, attached to the associated emails, have been shared with 3rd parties and thus not exempt under the legislative documents exemption. attached to Thursday, August 1, 2019 email at ?'orn Wiikin to Mancini (originally from Pat to a blind iist via emotion Thursday, June 27, 20 if? at - attached to emaii from Pat to various sent on Monday, May 27, 2019 at i - 1443345 12-1 attached to email from Bryan Gray to Wilkiu and Mancini dated Wednesday, June 25, 2019 at Thank you for checking on these. Sincerely, Heather Blessing in?: Heaillel' N. Blessing, Esq. Deputy Legei Counsel, Of?ce of the Speaker Ohio House ot?Representativcs 77 S. High Street Columbus, 14?? Floor, Ohio 43215 Of?ce: 614.466.9194 Mobile: 614.352.5319 CONFIDENTIALITY NOTICE The contained in this e-maii is intended oniy for the use of the individual or entity to which it is addressed and it may information that is privileged, con?dential, attorney work product audfor exempt from disclosure under applicable law. If the reader message is not the intended recipient (or the empioyee or ageni responsible to deliver it to the intended recipient), you are hereby noti?ed that any dissemination, distribution, or copying ofihis eeneii is prohibited. If you have received this ennali in error, please notify the sender by return email. Mancini, RJ From: Blessing, Heather Sent: Thursday, Ootober 3, 2019 1:41 PM To: Mancini, RJ Subject: RE: publio records cheek Are you aware, however, if they eventually were released during the eerie process? Any of those drafls? Hob Heather N. Blessing, Esq. Deputy Legal Counsel, Of?ce of the Speaker Ohio House of Representatives 77 S. High Street Columbus, 14?? Floor, Ohio 43215 Of?ce: 614.4 66.9 mil Mobile: 614.352.5819 CONFIDENTIALITY NOTICE The information contained in this e-maii is intended only for the use ofthe individual or entity to which it is addressed and it may contain information that is privileged, con?dential, attorney work product andlor exempt from disoiosure under applicable law. if the reader of this message is not the intended recipient (or the employee or agent responsible to deliver it to the intended recipient), you are hereby notified that any dissemination, distribution, or copying ofthis e-mail is prohibited. Ifyou have received this email in error, please notify the Sender by return eonell. ?anFrom: Mancini, Sent: Thursday, October 03, 2019 1:39 PM To: Blessing, Heather Siibieet: RE: public: records cheek Hello Heather, Rep or myself did not share those with any 3?3 party. Please let rue know if you need anything elsel Best ill From: Blessing, Heather Sent: Thursday, October 3, 2019 1:14 PM To: Mancini, it] Sent: Thursday, January 02, 2020 1:41 PM To: Blessing, Heather Subject: RE: instructions for 12/2/2019 Kowalski Request re: H3 6 Good afternoon Heather, Sorry to bug you with regards to this records request, should we search for any and all documents related to House Bill 6 and the names listed? Thenksl From: Blessing, Heather Sent: Monday, December 23, 2019 3:36 PM Sublect: instructions for 12/2/2019 Kowalskl Request re: Ho 6 This email selves to notify you of a public records request received on December 2, 2019 to your of?ce. 0 KM. Kowalaki has requested records for: 1) Records ?whose subj ect platter relates to legislation to authorize a rider for, or otherwise let a portion of Ohio ratepayers? electric bill payments go, either directly to companies or to a fund that could then distribute money to companies in order to subsidize nuclear power plants operated by FirstEnergy Solutions or any of its af?liates and/or coal plants operated by the Ohio Valley Electric Corporation includh?ng] materials relating to Ohio House Bill AND 1 2) Correspondence between 1' Your member and his or her staff, and Eric Lycan, Matthew Borges, Matthew Davis, Darren Embry, Jo Ann Davidson, Jeff Carlo LcParo, Patrick Pickett, and Donald Brey. 3) Created, sent, or received between October 1, 2017 through April 24, 2019 MD, July 29, 2019 through December 2, 2019 (please excludes timefl'ames preceding your member?s time in . of?ce). in order to satisfy this request you will need to search all office email addresses, any physical records, 1 the office calendar, any personal e?mail addresses on which state business is conducted, and cell phone/social media messages to the extent the of?ce uses these methods for of?cial business or communication. This is a request to the member?s of?ce, to any committee, so please exclude committee emails. Ben Coyie in IT will be able to set you up with a laptop that will make conducting this search and printing the records a simple process. I Please print all responsive electronic records (email, calendar entries, etc.) in addition to any physical records you may have. Please print single-sided copies of all responsive records. Do not: staple the record . Once you have gathered and printed these records please bring them to ray of?ce on the 14?? ?oor for legalreview. Attached to this email you willfintl a records submission form, please complete this form and turn it in with the resnonsive records. ideally, I would like to receive these records from you by close of business on January 10, 2019. If you will be unable to meet this deadline, please let me lower. it After reviewing what you provide, we will send a ?nal copy of the records to your of?ce for review by your member prior to ful?lling the request. Please cootaot me with any questions. Sincerely, Heather Blessing whit Heather N. Blessing, Esq. Deputy Legal Counsel, Of?ce of the Speaker Ohio House ofRepl?esentstiyes 77 3. High Street Columbus, Fiocr, Ohio 432i5 Office: 614.466.9194 Mobile: 614.352.5819 Heather.Blessina@ohichouseaor CONFIDENTIALITY NOTICE The information contained in this email is intended only for the use ofthe individual or entity to which it is addressed and it may contain information that is privileged, con?dential, attorney work product and/or exempt tl'cm disclosure under applicable law. if the reader of this message is not the intended recipient (or the employee or agent responsible to deliyer it to the intended recipient), you are hereby noti?ed that any dissemination, distribution, or copying of this couch is prohibited. It'you have received this email in error, please notify the sender by return email. Mancini, RJ From: Blessing, Heather Sent: Thursday, January 2, 2020 2:08 PM To: Blessing, Heather Subject: RE: instructions for 12l2l2019 KOWaiskl Request re: HE I hare received several inquiries from of?ces regarding how to interpret the below request. You may limit your search to emails between the member and the staff and the listed persons in #2 below, concerning the topics in ii 1, during the time periods listed. Please note that you do NOT need to search ??om records created, sent, or received between April 24, 2019 and July 29, 2019, as the prior request for records from David Anderson already covered these documents. Heather N. Blessing, Esq. Deputy Legal Counsel, Office of the Speaker Ohio House ofRepresentatives ?77 S. High Street Columbus, 14?" Floor, Ohio 43215 Of?ce: 614,466.9194 Mobile: 614.352.5819 HeathenBlessinm?c?ohiohenseaov CONFIDENTIALITY NOTICE The hrformation contained in this e-mall is intended only for the use of the individual or entity to which it is addressed and it may contain information that Is privileged, confidential, attorney work precinct and/or exempt from disclosure under applicable law. If the reader of this message is not the intended recipient (or the employee or agent responsible to deliver it to the intended recipient), you are hereby notified that any dissemination, distribution, or copying ofthis email is prohibited. Ifyou have received this e-mail in error, please notify the sender by return e-rnall. From: Blessing, Heather Sent: Monday, December 23, 20:19 3:35 PM Subject: instructions for 12/2/2019 Kowalski Request to: Hit 6 This carnall serves to notify you of a public records request received on December 2, 2019 to your of?ce. 0 KM. Kowalski has requested records for: 1) Records ?whose subject matter relates to legislation to authorize a rider for, or otherwise let a portion of Ohio ratepayers? electric bill payments go, either directly to companies or to a fund that could then distribute money to companies in order to subsidize nuclear power plants operated by FirstEnergy Solutions or any of its af?liates and/or coal plants operated by the Ohio Valley Electric Corporation includ[ing] materials relating to Ohio House Bill AND 2) Correspondence between I Your member and his or her staff, and It Eric Lycau, Matthew Borges, Matthew Davis, Darren Embry, Jo Ann Davidson, Jeff Carlo LoParo, Patrick Pickett, and Donald Bray. . 3) Created, sent, or received between October i, 2017 through Apr1124, 2019 4.39, July 29, 2019 through December 2, 2019 (please excludes tlme?umes preceding your member?s time in of?ce). It In order to satisfy this request you will need to search all of?ce e?mail addresses, any physical records, the office calendar, any personal email addresses on which state business is conducted, and 0611 phone/social media ntessages to the extent the of?ce uses these methods for of?cial business or 1 communication. This is a request to the member?s office, NOT to any committee, so please exclude committee emails. 0 Ben Coyle in IT will be able to set you up with a laptop that make conducting this search and printing the records a simple process. 9 Please print allresponsive electronic records (email, calendar entries, etc.) in addition to any physical records you may have. Please print singlesidcd copies of all responsive records. Do not staple the records. Once you have gathered and printed these records please bring them to my office on the 14?? ?oor for legal review. Attached to this email you will ?nd a records submission form. please eomuletc this form and turn it in with the resnonsive records. Ideally, I would like to receive these records from you by close of business on January 10, 2019. If you will be unable to meet this deadline, please let me know. 0 After reviewing what you provide, we will send a final copy of the records to your of?ce for review by your member prior to fulfilling the request. Please contact me with any questions. Sincerely, Heather Blessing intuit Heather N. Blessing, Esq. Deputy Legal Counsel, Office ofthe Speaker Ohio House of Representatives 7? 3. High Street Columbus, 14?h Floor, Ohio 43215 Office: 614.466.9194 Mobile: 614.352.5819 eatlterJi-l sl 1 we. ov CONFIDENTIALITY NOTICE The information contained in this e-mail is intended only for the use of the individual or entity to which it is addressed and it may contain information that is privileged, con?dential, attorney work product andlor exempt from disclosure under applicable law. If the reader message is not the Intended recipient (or the employee or agent to deliver it to the intended recipient), you are hereby noti?ed that any dissemination, or copying canal! is prohibited. If you have received this email in error, please notify the sender by return e-nwil. Mancini, RJ From: Blessing, Heather Sent: Tuesday, January 7, 2020 3:13 PM To: Rein Subject: RE: for 12/2/2019 Kowelski Request to: H8 6 No, not for this one. In the future, it?you have no l?esponsiVB recei'ds, we?ve revised the form so that you can just oieeriy indicate that 011 the cover sheet. intuit Heather N. Blessing, Esq. Deputy Legei Counsel, Of?ce of the Speaker Ohio House of Representatives S. High Street Columbus, 1401mm?; Ohio 43215 Of?ce: 614.466.9194 Mobile: 614.332.5319 CONFIDENTIALITY NOTICE The information contained in this e?msii is intended only for the use of the individual or entity to which it is addressed and it may contain hifonnution that is privileged, confidential, attorney work product and/or exompt?'om disclosure under applicable law. It? the reader of this message is not the intended recipient (or the employee or agent responsible to deliver it to the intended recipient), you are hereby notified that any distribution, or copying ofthis email is prohibited. Ifyon have received this email in error, please notify the sender by return emailFrom: Rep91 Sent: Tuesday, January 07, 2020 2:29 PM To: Blessing, Heather Subject: RE: Instructions for 12/2/2019 Koweiskl Request re: He 6 Good afternoon Heather, Rep Wilkins nor have any responsive records to the request. Do you need me to fill out a submission form still? Thanks! RJ Mancini Legislative Aide to State Representative Shane Within House District 91 Ohio House ofRepresentot'ives '77 3. High St, 11111 Floor Columbus, 01343215 Tel: (614) 4663506 Rm anemia: QiliQiiOitseigIQQ From: Blessing, Heather Sent: Thursday, January 2, 2020 2:06 9M To: Blessing, Heather