This week, the U.S. Senate voted to pass the Agriculture Reform, Food, and Jobs Act of 2013. The first comprehensive farm bill since 2008, it includes funding for the U.S. Department of Agriculture's Rural Energy for American Program (REAP), which "provides grants and loans to help rural businesses and agricultural procedures invest in energy efficiency and renewable energy initiatives, including solar and small wind projects," North American Windpower reports. The bill's budgeted at $955 billion over 10 years, including "$68.2 million in mandatory REAP funding and $20 million in appropriated REAP funding annually for fiscal years 2014 through 2018." For more, read the full story and the full text of S. 954.

The chemical industry is fighting hard against proposed revisions to LEED certification that it says would stigmatize – and decrease the market for – certain chemical products used in construction that pose little health risk when employed properly, Bloomberg reports. The American Chemistry Society, whose members include DuPont Co. and Dow Chemical Co., argue that with regard to the updated protocols known as LEED 4, the U.S. Green Building Council, which is the non-governmental organization that created the "voluntary but widely used" Leadership and Environment Design (LEED) standards, is treading into a public health policy area with regard to chemical regulation that it insists is better suited for the U.S. Environmental Protection Agency. Proponents of the measure say the chemical industry's concerns are overblown and that adherence to the proposed materials standard would only provide a two-point advantage for those seeking a range of certifications that require between 40 and 80 points. For more, read the full story.

In an effort to overcome the fact that while consumers want green energy upgrades, few are willing to pay the full extent of the costs, U.S. Sens. Michael Bennet (D-Colorado) and Johnny Isakson (R-GA) recently introduced legislation that would require energy efficiency upgrades be taken into account during the home mortgage underwriting process for loans that are "guaranteed by the federal agencies that collectively back roughly 90 percent of new mortgages," The New York Times reports. With a household's average energy costs having the potential to run in excess of "$70,000 over the life of a 30-year loan," which is more than "the real estate taxes and insurance payments that are already taken into account" as part of the underwriting process, this legislation would serve to highlight and disclose the fact that energy efficiency upgrades could reduce the average home's energy bill by at least 30 percent, and would encourage retrofits and construction projects for such savings, the article said. For more, read the full story.

The Council of Smaller Enterprises (COSE) in Northeast Ohio is launching the first program in the nation that will offer funding of up to $1 million to small community and commercial enterprises for energy efficiency upgrades to be paid back as the difference in savings on each monthly bill, The Plain Dealer reports. Modeled after funding programs created by the solar industry, the Ohio Efficiency Resource Fund works with building owners through an efficiency services agreement (ESA), which says that the fund designs, installs and owns energy-saving improvements that immediately lower utility bills for the building owner. The contract is cash-flow neutral and the utility bills cannot by contract "exceed the former utility bills," so the savings are used to pay off the cost of the upgrade over a period of up to 10 years. After that, ownership transfers to the building owner. For more, read the full story.

As the Ohio Senate Public Utilities Committee works on possible revisions to the state's renewable energy and energy efficiency laws, a new Ohio State University study released this week concluded that these provisions – passed in 2008 as part of S.B. 221 – are responsible for saving customers 1.4 percent on their electricity bills from 2008-2012 for a total of $170 million, The Columbus Dispatch reports (See our May 07, 2013, blog post for more information). The study, sponsored by the green energy trade group Advanced Energy Economy Ohio, found that these provisions "spurred $660 million in public and private investment and led to 3,200 new jobs." Disputing the study, critics maintain that subsidies would not be needed to support renewable energy technology and energy efficiency upgrades if they were actually cost effective, the article said. For more, read the full story.

The Greater Cincinnati Energy Alliance, a nonprofit economic development agency, announced last week that homeowners working to make energy efficiency upgrades as part of its Home Performance with Energy Star Program will now have financing available for their projects through the agency's new Greater Cincinnati Home Energy Loan Program, Cincinnati Enquirer reports. The agency is putting $1 million into the program's fund, which will be used to provide low-interest loans that will enable homeowners to finance their home energy efficiency projects, which at a minimum must amount to "a 15 percent reduction in their home's energy usage," the agency said on its website. For more, read the full Cincinnati Enquirer story and the full Greater Cincinnati Energy Alliance story.

Neighboring Archbold and Pettisville school districts, which both received around $2 million in American Recovery and Revitalization Act funds to construct one turbine at each community's main school complex, are experiencing monthly energy savings of several thousand dollars as a result of the turbines, The Toledo Blade reports. The Pettisville turbine has "generated 305,421 kilowatt hours of power since it's Feb. 22 activation," valued at $23,212, while the Archbold turbine "is expected to provide about 64 percent of the electricity the district's neighboring high school and elementary school consume," the article said. For more, read the full story.

Meanwhile, officials said that because most of Hilliard's school buildings are now energy efficient, the district has experienced more than $1 million in savings in less than two years, ThisWeek Community News reports. The Ohio School Facilities Commission approved the district's energy efficiency upgrades as part of a program that allows "districts to issue bond debt without going to the ballot." The savings that result from the upgrades will be used to pay down the bond, for which the "federal government reimburses the district for interest," the article said. For more, read the full story.

Bricker & Eckler associate Caleb Bell recently served as a panelist at the Central Ohio NAIOP's Six Pack for Lunch event that took place on March 20, 2013, at the firm's main office in Columbus. A member of the firm's Public Finance group, Caleb explained the meaning and uses of Property Assessed Clean Energy (PACE) financing, which is a unique option for financing energy efficiency and alternative energy projects. Bricker & Eckler is Ohio's leader in PACE law. For more, watch the full video.

Now that the Ohio Senate Public Utilities Committee's hearings on the state's energy efficiency and renewable energy standards have concluded, it may be months before the panel reintroduces the issue, The Columbus Dispatch reports (See the May 01, 2013, blog – "Ohio Sen. Bill Seitz says S.B. 58 is meant to modify, not repeal, Ohio's energy efficiency and renewable energy laws").  The committee's chairman, Sen. Bill Seitz (R-Cincinnati), said it needs time to "digest what we've heard" before introducing a substitute bill to S.B. 221, which established the standards. Throughout the testimonies, little opposition was voiced against the state's renewable energy rules as FirstEnergy Corp. and others focused on the bill's energy efficiency requirements, the article said. For more, read the full story.

During its March meeting, the Ohio Air Quality Development Authority (OAQDA) approved $10 million in Qualified Energy Conservation Bonds (QECB) for "major energy efficiency and conservation upgrades at four county buildings in Columbus," a press release from the authority said. The projects are part of a policy enacted in 2006 by the Franklin County Board of Commissioners to "protect environmental stability while advancing economic growth." Combined, the upgrades will avoid the annual emission of 3,515 tons of carbon dioxide while also delivering $657,722 in annual utility cost savings. For more, read the full press release.

Ohio Sen. Bill Seitz (R-Cincinnati), the chairman of the Senate Public Utilities Commission who introduced S.B. 58 – the legislation to review the state's energy efficiency and renewable energy requirements – said that the review is "more about modifying" than repealing the standards outlined in S.B. 221, according to the Gongwer Ohio Report (See the Feb 26, 2013, blog – "Ohio Sen. Bill Seitz outlines plan for S.B. 221's future"). One of the nation's largest electric utilities, Akron-based FirstEnergy Corp., is leading the industry charge against the laws, testifying earlier this month "that the formula used to analyze the costs" of utilities' energy efficiency efforts was flawed. The Public Utilities Commission of Ohio is currently reviewing claims made by the utility that it exceeded the three percent cost cap years ago, which – if true – would exempt them from having to comply with the renewable energy portfolio requirements, the article said.

Last week, the North Carolina General Assembly's Public Utilities and Energy Committee voted down H.B. 298, which would have "repealed the state's Renewable Energy and Energy Efficiency Portfolio Standard (REPS)," North American Windpower reports (See the Apr 01, 2013, blog – "Legislation to scale back renewable energy and energy efficiency requirements has been introduced in 14 states this year"). North Carolina's REPS requires that investor-owned utilities procure "12.5 percent of their generation from renewable energy by 2021" and that electric cooperatives and municipal utilities procure "10 percent by 2018," the article said. For more, read the full story.

U.S. Sens. Rob Portman (R-OH) and Jeanne Shaheen (D-NH) recently reintroduced bipartisan legislation that pushes for energy efficient manufacturing using "a variety of low-cost tools to reduce barriers for private sector users" and encouraging "adoption of off-the-shelf efficiency technologies among the largest energy consumers," Dayton Business Journal reports. Among its provisions, the Portman Energy Savings and Industrial Competitiveness Act would incentivize the use of more energy efficient electric motors and transformers; direct the U.S. Department of Energy to work with the private sector to develop and commercialize energy efficient technology for industrial applications; and create a Commercial Building Energy Efficiency Financing Initiative, the article said. For more, read the full story and the full text of the introduced bill.

Because a "vast majority of interested parties" inquired about obtaining electronic transcripts of testimonies from a recent Ohio Senate Public Utilities Committee hearing on the state's energy portfolio rules, Ohio Sen. William J. Seitz's office has made copies available regarding last Tuesday's hearing. Testimonies include the following:

•  Steven Giles, Hull & Associates, Inc.
•  Jeff Blake, Parker Hannifin Corp.
•  Grant Milliron, Milliron Recycling
•  Rick Taylor, Jay Industries
•  Jeff Bishop, EDP Renewables
•  Laura Steinbrink and James Nice, Energy Avenue
•  Al Rosenfield, League of Women Voters-Ohio
•  Steve Millard, Council of Smaller Enterprises
•  Kate Melges, Greenpeace-Ohio
•  Lisa Kochheiser, Resident
•  Greg Pace, Resident
•  Lois Hornbostel, Resident
•  Carolyn Harding, Resident
•  Heat is Power Association
•  Linda Butler and Steven Nissen, Residents
•  Terri Dawson, Resident
•  Amber Bellamy, Resident
•  Jennifer Abram, Resident
•  David Hoehnen, Resident
•  Ruth Hardy, Resident
•  Brian Kunkemoeller, Sierra Club-Ohio
•  Brett Heffner, Resident
•  Eric Burkland and Ryan Augsburger, Ohio Manufacturers' Association

Yesterday during the Ohio Senate Public Utilities Committee's ongoing review of the state's energy efficiency and renewable energy laws, Associate Director for Research at the American Council for an Energy-Efficient Economy (ACEEE) Neal Elliott testified on the findings of an analysis of rates and expenditures that was commissioned by the state's largest manufacturing trade group, the Ohio Manufacturers' Association, The Plain Dealer reports (See the Apr 09, 2013, blog – "Two major Ohio newspapers defend state's energy efficiency laws"). The 50-page analysis, completed by the ACEEE, concludes "generally that the efficiency rules have lowered demand, which in turn has helped push wholesale power prices down," the article said. Elliott also said that as opposed to FirstEnergy Corp., who is leading the charge to change the laws, "American Electric Power, Duke Energy of Ohio and Dayton Power & Electric have embraced the programs, maybe because they have figured out how to profit from it in the long run." For more, read the full story.

Last week, the Environmental Protection Agency released its quarterly National Top 50 List for Green Power Partners, which ranks the green energy usage of companies, governments and academic institutions that work with the EPA to procure and utilize green power, Dayton Business Journal reports. Only one Ohio entity – The Ohio State University – made the list. Ranked 38th, OSU was recognized for purchasing 24 percent – 141,000,000 kWh – of its total electricity use from the Blue Creek Wind Farm. For more, read the full story and access the National Top 50 list.

This week, Ohio’s four utilities filed their required annual plans "for compliance with future annual advanced- and renewable-energy benchmarks, including solar, utilizing at least a ten-year planning horizon." The plans are required to include the following:

1.  Baseline for the current and future calendar years;

2.  Supply portfolio projection, including both generation fleet and power purchases;

3.  A description of the methodology used by the company to evaluate its compliance options; and

4.  A discussion of any perceived impediments to achieving compliance with required benchmarks, as well as suggestions for addressing any such impediments.

For more, view the FirstEnergy, AEP-Ohio, Duke Energy and Dayton Power and Light benchmarks.

This week, Jeff Perkins, executive director of Friends Fiduciary Corp. – a Quaker nonprofit that provides financial services to more than 300 Quaker organizations – penned an impassioned op-ed in the Cincinnati Enquirer in defense of Ohio's renewable energy and energy efficiency laws. Perkins said that such a policy decision has "diversified Ohio's energy mix, lowered energy bills and given investors the green light to fund companies that are helping the state reach its goals," and that outside groups like the American Legislative Exchange Council (ALEC) are responsible for the Ohio legislature's decision to review these laws (See our Apr 01, 2013, blog – "Legislation to scale back renewable energy and energy efficiency requirements has been introduced in 14 states this year"). He argued that transitioning to clean energy enables his company to invest in other companies that are able to deliver solid returns "through long-term efforts that serve customers and build shareholder value" while still reflecting Quaker values. For more, read the full op-ed.

Through the Property Assessed Clean Energy (PACE) financing program, commercial borrowers are "set to receive record loans this year" for solar energy installations, Bloomberg reports (See the Feb 14, 2013, blog – "The PACE program: a new approach to financing commercial energy efficiency and renewable energy upgrades"). The decision by two of the nation's largest commercial real estate owners – "Prologis, an international owner of industrial properties, and Simon Property Group, the country's largest U.S. Real Estate Investment Trust" – to use the program to fund projects ranging from rooftop solar panels to energy-saving systems has "radically changed market acceptance," Bond Buyer reports. Simon Property alone recently used $5 million in PACE financing for three energy efficiency projects in Ohio and California.

Although they vary from state to state, most PACE programs feature a municipal government that offers PACE bonds to investors who provide loans to businesses and consumers for renewable energy and energy efficiency projects. The government provides financing by creating an assessment district that is added to the tax roll, which the property owner then pays on a tax bill for a period of up to 30 years.

At a time when banks are becoming "less eager to provide long-term capital for renewable energy," it is estimated that more PACE loans will be made in 2013 "than in the past four years combined," and that as much as $150 million in PACE loans will be provided for projects like these, Bloomberg reports. The commercial property side of the program is drawing so much interest, Bond Buyer reports that "market watchers think in a few years enough volume could exist in California to start bundling the currently privately-placed bonds to sell in the public market." For more, read the full Bloomberg story and the full Bond Buyer story.

Bricker & Eckler LLP is Ohio's leader in PACE law. Bricker attorneys assisted in drafting Ohio's PACE law and served as bond counsel for Ohio’s first three issues of PACE bonds, including the energy efficiency bonds for the Simon Properties' project in Lake County, Ohio.

As Ohio's energy efficiency and renewable energy laws are being reviewed in the Statehouse, Cleveland City Council voted 17-0 this week on Resolution No. 13 – an emergency ordinance  "supporting energy efficiency and renewable energy, and urging Gov. Kasich and the Ohio General Assembly to preserve" these measures, EcoWatch reports (See the Apr 09, 2013, blog – "Two major Ohio newspapers defend state's energy efficiency laws"). During a press conference announcing the ordinance, Cleveland City Councilman Matt Zone said that the laws "created thousands of jobs and will save our residents billions of dollars," the article said. For more, read the full story.

The Toledo Blade and The Plain Dealer both used their editorial sections last week to defend Ohio's energy efficiency and renewable energy laws. The Plain Dealer Editorial Board said that FirstEnergy Corp.'s battle with the Public Utilities Commission of Ohio over it's three-year energy efficiency program for the company was "not in the best interests of Ohio's utility ratepayers," arguing that the plan not only makes Ohio residents pay less for energy, but also reduces Ohioans' exposure to pollution from coal-fired plants. For more, read the full Plain Dealer editorial.

The Toledo Blade editorial goes a step further, insisting that the benefits of diversifying the state's power supply are so far-reaching and plentiful that the laws setting it into place should not only be "maintained" but "strengthened." Insisting that "conventional-energy interests" are behind the legislative push to weaken these standards, the editorial board argues that the state's clean energy standards are "creating jobs, promoting advanced manufacturing and small business, diversifying the state’s power supply, improving public health by reducing pollution, and lowering utility bills." For more, read the full Toledo Blade editorial.

A two-year pilot program will launch May 1 wherein city-owned Cleveland Public Power will install four varieties of light-emitting diode (LED) lights throughout Cleveland to help "gauge efficiency, coverage and how well they hold up to harsh Cleveland weather," The Plain Dealer reports. Existing bulbs range in price from $125 to $150, but only burn for about four years. The new lights range in price from $250 for a 150-watt bulb to $750 for a 400-watt bulb, but "have a lifespan of about 25 years and use roughly 50 percent less energy" than traditional bulbs. $500,000 in city coffers and $200,000 from a federal energy conservation initiative are jointly funding the project. For more, read the full story.

Erin Miller, environmental steward for the city of Columbus, delivered a presentation to Ohio State University students recently that highlighted three of the city's environmental sustainability projects: RecyColumbus, BikeShare and the Green Columbus Fund, The Lantern reports. The recycling initiative RecyColumbus has so far collected 15,000 tons of waste and saved $826,000 in landfill fees, while the BikeShare program will offer memberships and passes for, as well as some free use of, bikes throughout the city beginning in July. The Green Columbus Fund was also mentioned, which is "an annual grant to fund the cost of having buildings earn Leadership in Energy and Environmental Design (LEED) certification," the article said. For more, read the full story.

Ohio is just one of 14 states with legislators who this year have introduced bills to repeal or reduce renewable energy and energy efficiency requirements, The Wall Street Journal reports (See the Mar 20, 2013, blog – "Ohio Senate panel continues review of state's energy efficiency and renewable energy requirements"). These opponents liken renewable energy mandates to forced taxes that increase energy bills for consumers and distort the free market's effects on new energy industries. Proponents of the mandates insist that consumer cost increase estimates are being overblown and that many legislators behind the move to repeal these requirements are taking directives "from conservative think tanks 'funded by fossil-fuel interests,'" the article said. For more, read the full story.

The United States Court of Appeals for the Ninth Circuit in San Francisco overruled a district court last Tuesday when it ruled that the Federal Housing Finance Agency (FHFA) does not have to allow Fannie Mae and Freddie Mac to underwrite mortgages for homes with Property Assessed Clean Energy (PACE) loans, Bond Buyer reports. Started in Berkeley, California, in 2008, PACE "allows residential and commercial property owners to use municipal bonds to finance energy efficiency and water conservation projects." Expressing concern over the fact that because "PACE liens are senior to the mortgage," the PACE lender would "be paid ahead of the bank, or Fannie or Freddie, in the case of foreclosure," FHFA effectively halted the program on the residential side in July 2010, the article said. PACE programs have emerged throughout the country to fund commercial, industrial and governmental projects, but FHFA’s position has blocked the use of PACE for residential projects. For more, read the full story (Subscription required).

Tom Ford, president and chief executive of Advanced Energy Economy Ohio, wrote an editorial for the Akron Beacon Journal this week in defense of the state's energy efficiency and renewable energy requirements. Ford explained that three-quarters of the coal used in Ohio plants is imported from out of state, and that recent legislation like S.B. 221 and S.B. 315 has lowered the cost of electricity for ratepayers, reduced energy demand, and diversified energy sources. For more, read the full editorial.

The Associated Press reports that the American Legislative Exchange Council (ALEC), a nonprofit, conservative policy advisory group, is a "leading force behind the push" to repeal several states' renewable energy standards, including having provided "model legislation" to Ohio known as the Electricity Freedom Act (See the Nov 09, 2012, blog – "American Legislative Exchange Council (ALEC) to launch campaign to repeal renewable energy standards"). The "council's influence" became increasingly evident during the Ohio Senate panel's review of the state's energy portfolio rules when a senior fellow with the Heartland Institute – a "leading voice in promoting skepticism about climate change" – appeared as an early witness, the article said (See the Mar 20, 2013, blog – "Ohio Senate panel continues review of state's energy-efficiency and renewable-energy requirements"). For more, read the full Associated Press article.

Because a "vast majority of interested parties" inquired about obtaining electronic transcripts of testimonies from yesterday's Ohio Senate Public Utilities Committee hearing on the state's energy portfolio rules, a copy of all transcripts complete with any included attachments is now available.  Testimonies are from: Andrew Ott of PJM Interconnection; Samuel C. Randazzo of Industrial Energy Users-Ohio; James Taylor of The Heartland Institute; Eric Thumma of the Mid-Atlantic Renewable Coalition; Daniel R. Simmons of the Institute for Energy Research; John C. Crespo of American Electric Power; and Colin Murchie of SolarCity Corporation on behalf of the Solar Energy Industries Association. For more, read the full document.

Supporters of Ohio's benchmarks for renewable energy and energy efficiency fear that a five-year checkup on the rules by an Ohio Senate panel will result in the standards being weakened significantly, The Columbus Dispatch reports (See the Feb. 26, 2013, blog – "Ohio Sen. Bill Seitz outlines plan for S.B. 221's future" and the Mar 19, 2013, blog – "PUCO to host workshop to determine impact of energy portfolio rules on businesses"). Senate Bill 221 requires Ohio's investor-owned electric companies to get "25 percent of their energy from renewable or advanced sources by 2025," and to "help customers use energy-efficiency tools to reduce certain types of power use by 22 percent by 2025," the article said. During the testimony of PUCO Chairman Todd Snitchler, Ohio Sen. Bill Seitz (R-Cincinnati), chairman of the Senate Public Utilities Commission, said that the "provisions about renewable energy and energy efficiency were 'almost thrown in casually,'" to S.B. 221. This claim was contested by Bricker & Eckler attorney Terrence O'Donnell, who said the rules were thoroughly vetted during months of hearings before S.B. 221 was passed in 2008. For more, read the full story.

In an effort to ensure that the Public Utilities Commission of Ohio reviews its rules in accordance with Gov. John Kasich's Executive Order 2011-01K, "Establishing the Common Sense Initiative," Attorney Examiner for the PUCO Bryce McKenney ordered that a workshop be scheduled so that PUCO staff may "receive feedback from interested stakeholders before it issues draft rules" during the review of its Energy Efficiency Programs. The workshop, which takes place April 23, 2013, at 10:00 a.m. at the offices of the Commission, 180 East Broad Street, Hearing Room 11-B, Columbus, Ohio, will also be webcast on www.puco.ohio.gov to allow broader access. Gov. Kasich's executive order requires the commission to "review its rules to determine the impact that a rule has on small businesses; attempt to balance the critical objectives of regulation and the cost of compliance by the unregulated parties; and amend or rescind rules that are unnecessary, ineffective, contradictory, redundant, inefficient, or needlessly burdensome, or that have had negative, unintended consequences, or unnecessarily impede business growth." For more, read the full order.

During the Ohio Oil and Gas Association winter meeting in Columbus last Thursday, Ohio Sen. Troy Balderson (R-Zanesville), member of the Senate Public Utilities Committee, stated that he and Sen. Bill Seitz (R-Cincinnati) will introduce a bill this week to "evaluate" S.B. 221, which requires electric utilities to supply 25 percent of their generation from alternative sources by 2025, Zanesville Times Recorder reports (See the Feb. 26, 2013, blog – "Ohio Sen. Bill Seitz outlines plan for S.B. 221’s future"). Sen. Balderson said "times have changed since we did 221" and that the emergence of the Utica shale's potential partly influenced the decision to review the state's energy portfolio requirements, the article said. For more, read the full story.

Yesterday, the office of Sen. Bill Seitz (R-Cincinnati) sent a memorandum to respondents of his request for comment on a placeholder bill to review issues related to S.B. 221 – former Gov. Ted Strickland’s energy bill, which established renewable energy portfolio and energy efficiency standards for the state (See the Feb 05, 2013, blog – “Ohio Sen. Bill Seitz moves to review the state’s energy portfolio and energy efficiency standards”). Sen. Seitz stated that the plan going forward following the introduction of the placeholder bill is to have a hearing on “information from the perspectives of the PUCO and the OCC,” followed by subsequent hearings on subtopics. Upon completion of those hearings, it will be determined “what, if anything, should replace the placeholder bill.” For more, read the full memorandum.

Update: Sen. Seitz introduced the placeholder bill. Read the full text of S.B. 58.

The Johnson Controls Institute for Building Efficiency, PACENow and the Urban Land Institute released a report this month on Property Assessed Clean Energy (PACE) financing, which is a “municipal approach to support energy efficiency and renewable energy upgrades in commercial buildings in the United States” that originated in 2008 in Berkeley and Palm Desert, California. The report profiles four of the 16 PACE programs that are currently accepting applications, including the Toledo-Lucas County Port Authority program based in Toledo, Ohio. 

Each program operates slightly differently due to the PACE industry being in the early stage of development. However, PACE financing structures commonly include features such as: zero up-front cash investment; low interest rates; immediate positive cash flow; long-term financing (up to 30 years in Ohio); PACE assessments can run with the land upon sale; the ability to pass payments through to tenants; higher rents and greater long-term property value because of energy efficiency; and preservation of borrowing capacity through off-balance-sheet financing.

The specifics vary from program to program, but generally, after a state passes PACE-enabling legislation, a local government then creates or joins an assessment district. Building owners evaluate projects that reduce energy costs and decide whether to move forward. The local government then provides financing by adding the assessment to the tax roll. The property owner then pays the assessment on a tax bill for a period of up to 30 years. For more information, including eligible technologies and projects, preferred initial and eligible project sizes, minimum energy savings requirements and a full list of the active PACE programs across the nation, read the full report. 

Bricker & Eckler LLP attorneys assisted in drafting Ohio’s PACE law and served as bond counsel for Ohio’s first three issues of PACE bonds.

Next week, the Wright State Board of Trustees will vote on a plan that, if approved, will save Wright State University $35.8 million over the next 15 years by reducing its energy consumption nearly 40 percent, Dayton Daily News reports. On Feb. 15, the board will vote on a $25.2 million contract with ABM Industries Inc. to “modernize the heating and cooling plants at the university’s Fairborn and Lake campuses” by “eliminating 30 major pieces of equipment, tying the entire main campus to one main boiler system, replacing light fixtures with LED and using the pond near the Nutter Center for year-round geothermal cooling,” the article said. With annual maintenance cost savings estimated at $225,000, the new system will pay for itself in 12.7 years. For more, read the full story.

Ohio Sen. Bill Seitz (R-Cincinnati), chairman of the Senate Public Utilities Commission, sent a memo to interested parties last week announcing plans to introduce a placeholder bill to review issues related to former Gov. Ted Strickland’s energy bill, which established renewable portfolio and energy efficiency standards for the state, according to the Gongwer Ohio Report. In the memo, Sen. Seitz provides a list of issues, including “whether the 3% cost cap on complying with the renewable energy portfolio should be revised; how much it cost utilities to comply; whether energy efficiency targets should be frozen in place; and if the benchmarks are abolished, should existing contracts be preserved”; he also encourages individuals to submit any additional topics for the discussion to his office by February 15. Sen. Seitz, who last year co-sponsored a bill to repeal the alternative sources of energy requirement created by former Gov. Strickland’s bill, said in an interview that he will not “prejudge the outcome of the committee’s review process,” the article said. For more, read the full memo.

A recent op-ed featured on the Toledo Blade website insists that the federal government must develop a national standard for renewable energy so as to level the playing field among states – preventing those that already have energy standards from engaging in “a tug of war” for investors, and also creating market certainty for these investors. The editorial opines that the United States must invest more in clean energy resources so that it doesn’t fall behind China and parts of Europe; the production tax credits should be expanded; Ohio’s renewable energy laws should be maintained; and Congress should make a “great commitment” to researching and developing clean energy technologies through the nation’s universities. For more, read the full op-ed.

A new report released by the American Council for an Energy-Efficient Economy (ACEEE) found that new technologies and programs could potentially save “27 percent in electricity use and 19 percent of forecasted natural gas use by 2030,” according to The Hannah Report. The report, titled “Frontiers of Energy Efficiency: Next Generation Programs Reach for High Energy Savings,” examines 22 program types and concepts to identify trends in “capturing cost-effective energy efficiency opportunities available to electricity and natural gas customers,” exploring innovative programs that are using technologies that could potentially revolutionize the market, as well as programs that need to be redesigned to offer “incentives and services that produce much higher savings than traditional approaches,” the report said. For more, read the full report.

U.S. Sen. Sherrod Brown (D-OH) recently announced that the U.S. Department of Energy awarded the nonprofit Lake Erie Energy Development Corp. of Cleveland (LEEDCo) $4 million to launch an offshore wind development project that will install nine 3-megawatt wind turbines seven miles off the coast of Cleveland in Lake Erie, The Plain Dealer reports. LEEDCo’s project is one of seven that the Department of Energy chose to fund that “will focus on the commercialization of innovative wind technology in the United States,” the article said. For more, read the full story.

In an effort to “further incentivize developers to reach for higher Leadership in Energy and Environmental Design (LEED) certifications,” the city of Cincinnati is proposing amendments to its tax abatement program for buildings built in adherence to LEED standards that would remove “the value limit for new and rehabilitated residential structures that achieve LEED platinum certification,” Business Courier reports. The current LEED incentive offers “a 15-year, 100 percent tax abatement valued up to $562,792 on new residential construction and a 10-year tax abatement on improvements up to a maximum of $562,792 market value,” which critics say drives builders to “go after low-hanging fruit” and develop “properties at lower LEED levels,” the article said. For more, read the full story.

A spokesman for the Akron-based electricity company, FirstEnergy Corp., confirmed yesterday that the company has abandoned its lobbying campaign that was aimed at persuading lawmakers to pass a measure that would freeze efficiency standards at existing levels and cancel annual increases that are part of the state’s energy efficiency standards, The Plain Dealer reports (See the Nov. 28, 2012, blog – “FirstEnergy Corp. pushes the General Assembly to freeze Ohio’s energy efficiency requirements”). For more, read the full story.

Akron-based electricity company, FirstEnergy Corp., wants the General Assembly to pass a measure that would cancel annual energy efficiency increases that are part of the state’s energy efficiency standards and would freeze efficiency standards at existing levels, The Columbus Dispatch reports. Business and environmental groups alike oppose the measure, arguing that it would hurt demand in the state’s green energy economy, while proponents of the measure argue that the standards reduce demand for utilities’ products, the article said. For more, read this Columbus Dispatch story and this Plain Dealer story.

Akron-based electricity company, FirstEnergy Corp., wants the General Assembly to pass a measure that would cancel annual energy efficiency increases that are part of the state’s energy efficiency standards and would freeze efficiency standards at existing levels, The Columbus Dispatch reports. Business and environmental groups alike oppose the measure, arguing that it would hurt demand in the state’s green energy economy, while proponents of the measure argue that the standards reduce demand for utilities’ products, the article said. For more, read this Columbus Dispatch story and this Plain Dealer story.

A recent editorial in the Akron-Beacon Journal argues that Ohio-based energy providers like FirstEnergy are pushing back against significant strides made in statewide energy efficiency statutes by pressing lawmakers to roll back these statutes in the lame-duck session. FirstEnergy contends that Ohio’s commitment to reduce electricity consumption 22 percent by 2025, coupled with the current landscape where there is less demand and more competition in the form of inexpensive natural gas, is untenable and could potentially place an additional burden on the state’s economy. But the editorial argues that it would be wrong to rescind the commitment the state has made, stating: “What lawmakers should recall as the Akron-based utility makes its pitch is that four years ago, strong bipartisan majorities made a long-term commitment to energy efficiency” because it achieves savings, encourages investment and innovation, and benefits the environment. For more, read the full editorial. 

As reported earlier, the nonprofit trade group Advanced Energy Economy released a report in October showing that there are 400 unique organizations that “participate actively in energy efficiency research, pilot testing, and commercial activity” across Ohio (See the Nov 02, 2012, blog – “Report: 10,000 Ohio jobs involve energy efficiency”). Ohio’s energy efficiency technologies and services also have $2.1 billion in revenue and funding, and employ 9,600 full-time equivalent workers, according to the analysis. The report provided the following data on Ohio’s six regions:

Central Ohio: 92 unique organizations; 1,850 full-time equivalent workers; and $380 million in revenue and funding. Innovative research and development hub with concentrations in data center technologies, insulation and cool roof products.

West Central Ohio: 37 unique organizations; 990 full-time equivalent workers; and $140 million in revenue and funding. Established strengths in building services and research and development capability.

Northwest Ohio: 49 unique organizations; 1,420 full-time equivalent workers; and $330 million in revenue and funding. Strengths in insulation, exterior windows, cool roof systems and major appliances. Emerging auditing tools complement its established strengths in building services and research and development capability.

Northeast Ohio: 220 unique organizations; 4,030 full-time equivalent workers; and $1.04 billion in revenue and funding. Sizeable and diverse assets in lighting, insulation and exterior windows.

Southeast Ohio: 20 unique organizations; 240 full-time equivalent workers; and $45 million in revenue and funding. A hotbed of Stirling Engine and Stirling-based technology development amidst more traditional manufacturing.

Southwest Ohio: 86 unique organizations; 1,130 full-time equivalent workers; and $180 million in revenue and funding. Distinctive concentration in building services, paired with substantial exterior window, door and lighting manufacturing.

For more, read the full report.

An editorial published yesterday on The Toledo Blade’s website argued that the Ohio General Assembly should reaffirm its support for the Ohio law requiring the state to get “25 percent of its power from nonconventional sources by 2025,” half of which must come from renewable sources like solar, wind and biomass. The editorial cited the Ohio Environmental Council’s concern that lawmakers will try to get a “rollback proposal in their lame-duck session after Election Day” to suspend the energy efficiency provisions of the law for as long as six years, which the piece labeled as an effort by utility lobbyists and other special interests to “ensure a steady stream of profits” by working to ensure that Ohio customers use more energy than they need, the editorial said. For more, read the full editorial.

A new report from the nonprofit trade group Advanced Energy Economy found that 10,000 jobs in Ohio involve improving energy efficiency and their work generates “$2.1 billion in annual sales,” The Columbus Dispatch reports. Of both the total jobs and revenue, Central Ohio accounts for 20 percent. Northeastern Ohio, which is known for its manufacturing industry, accounts for “about 50 percent of the jobs and annual revenue in the report,” the article said. For more, read the full story.

GEM Energy, IBM and the University of Toledo are hosting a Mission Critical Power and Data Center Summit on Wednesday, November 7, 2012, from 8 a.m. to 5 p.m. at the University of Toledo Nitschke Hall, SSOE Seminar Room, 1610 N. Westwood, Toledo, Ohio, 43607. The event is free, but space is limited to the first 100 registrants. The event will feature a number of speakers giving presentations on managing energy costs and reliability in mission critical and data center operations, and will have Dr. Robert Hirsch as its keynote speaker. For more information, including how to register, visit the event’s website.

Two forums are being hosted in Columbus and Dayton that will allow a number of candidates for the Ohio legislature to discuss with voters where they stand on renewable energy and energy efficiency. The event, “Candidate Night,” is part of the 2012 Clean Energy Candidate Education Project and is free to the public. The Central Ohio Candidate Night takes place on Tuesday, October 23, 2012, at 6:30 p.m. at The Ohio State University Page Hall (LEC Room) Building 061, 1810 College Road, Columbus, Ohio, 43210. The Dayton Candidate Night takes place on Thursday, October 25, 2012, at 7:30 p.m. at the University of Dayton Kennedy Union Ballroom, 300 College Park, Dayton, Ohio, 45469. For more information, including a list of invited and confirmed candidates as well as RSVP information, visit the event's website.

Columbus City Council approved an ordinance yesterday that expands the Green Columbus Fund beyond commercial LEED-certified building projects, which will enable builders to receive a 25 percent reimbursement for “construction of central city energy efficient apartments and condominiums,” according to a press release from Get Green Columbus. The Green Columbus Fund, which is sponsored by AEP Ohio and Columbia Gas of Ohio, offers these cash incentives to “help offset the cost of energy-efficient products, materials and appliances,” the release said. For more, read the press release and this Business First story.

In response to claims made during the Northern Ohio Energy Management Conference last week that renewable energy mandates should be repealed in light of cheap natural gas and a struggling economy, an editorial published on the Akron Beacon Journal website yesterday argues that the promise of shale should not “divert attention” from the state’s commitment to improve energy efficiency and promote alternative energy sources (See the Sep 26, 2012, blog – “Shale proponents speak out against renewable energy mandates during energy efficiency conference”). In favor of extending the federal production tax credit, the editorial argues that the fact that other energy sectors have received similar tax credits and subsidies invalidates the claim that such support amounts to “the government picking winners and losers” instead of the free market. For more, read the full editorial.

A theme emerged during the Northern Ohio Energy Management Conference in Akron yesterday wherein shale proponents repeatedly questioned Ohio’s need for state and federal renewable energy mandates now that the shale industry has taken off, The Plain Dealer reports. Several speakers remarked that such mandates distort competition and would not pass if put to a vote today because of the shale gas boom and the lackluster economy. Proponents of renewable energy maintained that energy efficiency is the “cheapest energy option” and that energy efficiency mandates create jobs, the article said. For more, read the full story here.

The Ohio Board of Regents announced today that it has launched a website to help connect “Ohioans seeking education and jobs in the energy industry” with education and training resources, as well as employment opportunities, that are tailored to their needs and interests, according to a press release from the board. Keeping with Governor Kasich’s vision that higher education institutions better equip students with the skills and knowledge needed by Ohio’s businesses and employers, the website – OhioEnergyPathways.org – features information about the advanced energy, renewable energy, energy efficiency, and oil and gas sectors. For more, read the full press release here.

Nonprofit renewable energy advocate Green Energy Ohio has scheduled 170 open houses in more than 100 communities in 49 counties across Ohio to showcase renewable energy and green design, a press release from the organization said. Tours, which run from Monday, October 1 through Sunday, October 7, are free and open to the public during designated times and include photovoltaics, energy efficiency features, LEED buildings, Energy Star, electric vehicles charged by renewable energy, passive solar, solar thermal, wind, geothermal and biomass. To view the schedule, pick a tour or design a personalized, self-guided tour, visit the GEO website here.

The White House announced today that President Obama has signed an executive order to “accelerate investments in industrial energy efficiency, including combined heat and power (CHP),” a press release from the U.S. Department of Energy said. According to the release, the executive order:

•Sets a national goal of 40 gigawatts (GW) of new CHP installation over the next decade;

•Directs agencies to foster a national dialogue through ongoing regional workshops to encourage the adoption of best practice policies and investment models that overcome the numerous barriers to investment, provide public information on the benefits of unlocking investment in industrial energy efficiency, and use existing Federal authorities that can support these investments; and

•Directs the Departments of Energy, Commerce, and Agriculture, and the Environmental Protection Agency, to coordinate actions at the Federal level while providing policy and technical assistance to states to promote investments in industrial energy efficiency.

In support of this executive order, the Department of Energy and the Environmental Protection Agency released a report titled “Combined Heat and Power: A Clean Energy Solution,” which the press release says “provides a foundation for national discussions on effective ways to achieve 40 GW of new, cost-effective CHP by 2020.” For more, read the president’s executive order here, the press release from the Department of Energy here and the joint DOE and EPA report here.

The Greater Cincinnati Energy Alliance – a regional energy efficiency nonprofit organization dedicated to facilitating investment in energy efficiency for the residential, non-profit and small commercial sectors of the Greater Cincinnati/Northern Kentucky region – is seeking a commercial operations director to “lead the technical aspects of the Energy Alliance’s commercial projects,” including walk-through energy assessments, scope review, construction management, project compliance and quality assurance, according to a job posting from the alliance. For details such as job responsibilities, position qualifications, and educational and work experience requirements, read the full job posting here.

The Advanced Energy Business-to-Business Conference & Expo has grown out of its northeast Ohio roots and will cover the entire state during its annual event, which takes place this year at the Greater Columbus Convention Center from October 30-31, 2012, a press release from NorTech said. NorTech produced the event and Advanced Energy Economy Ohio is presenting the agenda, which includes sessions with industry experts on key advanced energy sectors like waste and biomass to energy, energy efficiency, energy storage, fuel cells, smart grid, shale gas and solar, as well as a technology showcase featuring “entrepreneurs, companies, and researchers seeking collaborators, partners and funding,” the release said. More than 700 industry professionals are expected to attend and more than 120 companies and organizations are expected to exhibit, the release said. For more, read the press release here or for registration and other information, visit the expo website here.

With so many residents eager to make energy-efficient renovations to their historic homes, the Historic Resources Commission of Columbus will coordinate a plan to hire an architectural consultant who will help determine “which new ‘green’ improvements and materials meet historic-preservation standards” for Columbus’ historic neighborhoods, The Columbus Dispatch reports. Many residents of the historic districts insist the standards need updating, noting that the city’s historic standards do not address alternative energy sources like solar panels at all, the article said. For more, read the full story here.

The IRS released a notice providing additional guidance on the Qualified Energy Conservation Bond (QECB) program that began nationwide in 2008. As part of the program, Congress has authorized $3.2 billion in QECBs for both renewable energy and energy efficiency projects at the state and local levels. QECBs provide investors with low-interest financing for projects that meet the bond program’s guidelines. The most popular form of QECBs provides the issuer of securities a federal subsidy payment up to 70 percent of the interest paid on bonds issued to finance qualifying QECB projects. In order to clarify which projects actually qualify, the IRS explained two of the main criteria under which QECB projects are financed. First, QECBs can be issued for “green community programs,” which the IRS defines as programs that promote energy efficiency and provide a general public benefit. Second, QECBs can be issued for projects that reduce energy consumption in publicly owned buildings by at least 20 percent. To provide clarity, the IRS notice explains how buildings qualify as publicly owned as well as how an issuer can measure whether the 20 percent test is satisfied. For more information on the QECB program and its relevant guidelines, read the IRS notice.

Bricker & Eckler served as bond counsel for the Toledo-Lucas County Port Authority as it issued the first PACE bonds in Ohio. On May 24, the port authority completed the $5.325 million bond transaction by issuing bonds through its Northwest Ohio Bond Fund. The transaction, a cooperative effort of the port authority, the port authority’s BetterBuildings Northwest Ohio program and the city of Toledo, was aimed at improving the energy efficiency and environmental performance of Toledo’s municipal buildings. The city of Toledo anticipates reducing its energy costs with the financed improvements, which include replacing windows, upgrading light fixtures and boilers, installing vacancy sensors, and replacing or insulating hot water tanks. 

Property Assessed Clean Energy (PACE) bonds are a financial tool used by property owners to fund energy efficiency improvements on their properties. Property owners who take advantage of PACE funding opportunities may use the money for a variety of projects, including updating existing office buildings or warehouses, or acquiring an alternative energy source, like solar panels or wind turbines. 

Bricker & Eckler is Ohio’s leader in PACE financing. Bricker attorneys work with private property owners and governmental entities to create the special improvement district necessary to implement PACE financing, levy assessments and structure the financing arrangements necessary to fund the improvements. For more information, read the full story. 

Under a recently changed Ohio state law that allows cities and port authorities to form Energy Special Improvement Districts, Toledo's mayor has proposed $5.3 million in energy efficiency improvements to 40 of the city-owned buildings, radio station 104.7 WIOT reports. Working with the Toledo-Lucas County Port Authority's "Better Buildings" program, the non-profit Toledo Ohio Advanced Energy Improvement Corporation will upgrade the heating and cooling systems, lighting and windows of buildings, including senior centers, fire stations and the downtown police station. For more, read the full story here.

Ohio Sen. Shannon Jones (R-Springboro) introduced Senate Bill 315, which features a number of energy proposals promoted by Gov. John Kasich, including new regulations governing the development of shale natural gas deposits and a reclassication of co-generation projects. Under the bill, developers of co-generation projects would be able to choose whether to classify the projects as renewable energy or energy efficiency. A full version of the bill is available here.

As noted previously, Ohio Gov. John Kasich revealed details this week of the mid-biennium budget review, which will include legislation that would revise the state's energy policy. News reports--available here, here and here--have focused primarily on the Governor's proposals to update the regulations and taxes on oil and gas companies operating in Ohio.

Ohio Gov. John Kasich and administration officials on Wednesday briefed reporters on the Governor's mid-biennium budget review, which will include legislation that would revise the state's energy policy. A fact sheet on the major components of the energy policy is available here. The administration will provide additional details to the General Assembly starting tomorrow.  

In its new report, "Ohio's Clean Energy Report Card, Year 2: Wind, Solar, and Energy Efficiency on the Rise," citizen advocacy group Environment Ohio assessed Ohio's progress in achieving standards outlined in Ohio Senate Bill 221, the state's clean energy law enacted in 2008. Although coal-fired plants still make up the vast majority of Ohio's electricity supply, the report concluded that energy efficiency and the use of renewable energy are on the rise – a trend that resulted in the state saving enough electricity during each of the last two years to power 82,000 homes, according to a press release from the organization. For more read the press release here and the full report here.

The U.S. Department of Agriculture announced that funds are once again available through the Rural Energy for America Program (REAP) to provide assistance to agricultural producers and rural small businesses to complete a variety of energy efficiency and renewable energy projects. For 2012, USDA has approximately $25.4 million budget authority available to fund REAP activities, which will support at least $12.5 million in grant and approximately $48.5 million in guaranteed loan program level awards. USDA is accepting the following applications:

• renewable energy system and energy efficiency improvement grant applications and combination grant and guaranteed loan applications until March 30, 2012;
• renewable energy system and energy efficiency improvement guaranteed loan only applications on a continuous basis up to June 29, 2012;
• renewable energy system feasibility study applications through March 30, 2012; and
• energy audits and renewable energy development assistance applications through Feb. 21, 2012.

A note sent to potential applicants from the USDA Rural Development Office in Columbus, Ohio, indicated that the REAP funds available this year are "reduced substantially" from previous years, increasing the competition for the limited funds available. More information on the REAP program is available here.

The Battelle Memorial Institute, a Columbus-based nonprofit research institution, has made available streaming video from The Ohio Governor's 21st Century Energy & Economy Summit, which took place from September 21-22, 2011, at The Ohio State University. Topics included coal; wind, solar and efficiency; environment, technology and community impacts; alternative transportation fuels; etc. Speakers included Gov. John Kasich, energy industry executives and energy policy specialists. To view videos from the summit, visit the Battelle website here. 

America is thinking too small on energy efficiency matters, and "crowding out" economically beneficial investments in energy efficiency by focusing on riskier and more expensive bids to develop new energy sources, according to a new report from the American Council for an Energy-Efficient Economy (ACEEE). Titled "The Long-Term Energy Efficiency Potential: What the Evidence Suggests," the new ACEEE report outlines three scenarios under which the United States could either continue on its current path, or cut energy consumption by the year 2050 almost 60 percent, add nearly two million net jobs, and save energy consumers as much as $400 billion per year. The full report and accompanying materials are available here.

The Ohio Department of Development’s Office of Energy recently announced the launch of the Energy Loan Fund program to provide low-cost financing to energy efficiency and renewable energy projects. The program will utilize more than $7 million in state funding through the Advanced Energy Fund, as well as federal funds through the State Energy Program.

Read more of this article at http://www.bricker.com.
 

An article in The Columbus Dispatch highlights the Ohio Department of Development's new Energy Loan Fund, which aims to provide low-cost financing to manufacturers, small businesses and public entities for energy efficiency and renewable energy projects. Additional details on the new program are available here.

Following up on a previous post, the Ohio Department of Development’s Office of Energy recently announced the launch of the Energy Loan Fund program to provide low-cost financing to energy efficiency and renewable energy projects. The program is targeting manufacturers, public entities and small businesses, and is a successor to a grant program funded through the state Advanced Energy Fund that expired at the end of 2010. Additional details about the program are available from Bricker & Eckler LLP.

Environmental and low-income groups testified last week at a joint Ohio House and Senate committee hearing in support of the energy efficiency and renewable energy requirements enacted in 2008 as part of Ohio Senate Bill 221. The joint oversight hearing was the most recent held by the Ohio House Public Utilities Committee and Ohio Senate Energy and Public Utilities Committee regarding state electricity regulation. The Ohio Environmental Council, Natural Resources Defense Council and Ohio Partners for Affordable Energy argued that the energy efficiency and renewable energy requirements have cut consumers' bills, reduced pollution and increased jobs.

A Natural Resources Defense Council (NRDC) blog is highlighting a "rust busting road trip" to Cleveland to profile the city's "clean economy." The post examines Cleveland's strides in energy-efficient lighting and other technologies. This marks the second time this year (earlier posts available here) that NRDC has visited Ohio to report on the state's leadership in energy efficiency and renewable energy.

The Public Utilities Commission of Ohio (PUCO) has approved an agreement that will set electric generation rates for Duke Energy Ohio customers from Jan. 1, 2012 through May 31, 2015. Under the new electric security plan (ESP), Duke will transfer its generation assets to an affiliate and hold auctions to determine generation rates. PUCO Chairman Todd A. Snitchler hailed the agreement as “another step in the process of encouraging a robust and vibrant competitive market for electric consumers.” The agreement approved by the Commission--available here--was supported by 30 parties, including Duke, PUCO staff, the Office of the Ohio Consumers' Counsel, Ohio Energy Group, the Ohio Manufacturer's Association, the City of Cincinnati, and Ohio Partners for Affordable Energy.

Under the terms of the agreement, Duke pledged to "engage in collaborative discussions" to improve its residential solar renewable energy credit (SREC) program. Duke also promised to initiate similar collaborations examining energy efficiency and combined heat and power projects, and the potential deployment of an "electric vehicle ecosystem" in its service territory.

A new report by the American Council for an Energy-Efficient Economy (ACEEE) ranks Ohio 24th in the country in energy efficiency policy. According to the report, a sour U.S. economy, tight state budgets, and a failure by Congress to adopt a comprehensive energy strategy have not slowed the growing momentum among U.S. states toward increased energy efficiency

The top 10 states in the fifth edition of the ACEEE State Energy Efficiency Scorecard are: Massachusetts, California, New York, Oregon, Vermont, Washington, Rhode Island, Minnesota, Connecticut and Maryland. The Scorecard ranks states based on an array of metrics that capture best practices and recognize leadership in energy efficiency policy and program implementation. The full report is available here.

The ninth-annual Green Energy Ohio Tour of clean energy sites, which took place on October 1 and 2, helped raise the profile of individual projects around the state. The Columbus Dispatch, Hamilton Journal News and The Marietta Times all featured articles about local sites.

The Ohio Air Quality Development Authority ("OAQDA") approved a $5 million loan (pdf required) to Isofoton North America, Inc. to build an 86,000-square-foot solar manufacturing facility in Napoleon, Ohio. Isofoton's first customer, and the driving force behind its decision to locate a plant in Ohio, is the proposed 50-megawatt Turning Point solar project in Southeast Ohio.

OAQDA also authorized $4.7 million in financing (pdf required) for Licking County to retrofit twelve county government buildings with various energy efficiency and conservation systems, including lighting retrofits, building envelope and insulation improvements, and roof and window replacements.

In anticipation of Governor Kasich's energy summit this week, a new poll finds that Ohio residents strongly support energy-efficient products, tougher energy-efficiency standards, and Ohio's requirement that utilities help customers use energy-efficient technologies to reduce their power consumption. News of the poll, commissioned by the Natural Resources Defense Council, is available here and here.

U.S. Sen. Rob Portman (R-OH) said a roster of 20 companies that employ "tens of thousands of Ohioans" signed a letter to Senate leaders urging them to take up and support the Energy Savings and Industrial Competitiveness Act (ESIC). The bill, authored by Portman and Sen. Jeanne Shaheen (D-NH), cleared the Senate Energy and Natural Resources Committee with strong bipartisan support and awaits floor consideration in the Senate.

Green Energy Ohio is promoting its ninth annual tour of clean energy sites around the state. Organized in conjunction with the Ohio Department of Development, the tour will take place on October 1 and 2, and will include open houses and guided tours of sites featuring solar, wind, biomass, energy efficiency and other clean energy technologies. More information is available here.

Representative Connie Pillich (D-Montgomery) recently introduced a bill in the Ohio General Assembly that would create a new code section requiring that buildings built using state capital funds or moneys from the education facilities trust fund meet certain green building and energy efficiency standards.

House Bill 306 exempts any buildings that are under 5,000 square feet, that cost less than $500,000.00 to construct, or that do not consume energy through heating, ventilation and cooling systems. The bill also includes a waiver provision for projects receiving less than 10 percent of their costs from state funds. House Bill 306 has no Republican co-sponsors and has not yet been assigned to committee. The full text of the bill is available here.

According to this article in the Columbus Dispatch, the U.S. government has shifted its stance on fuel-cell vehicles from an embrace to a distinctly cold shoulder. This could pose a problem for the more than 100 Ohio companies involved with fuel-cell technology or hydrogen-fueled vehicles.

In February, the Obama administration proposed a cut of $70 million, or 40 percent, to a hydrogen-technology program in the Department of Energy. The administration also proposed roughly $50 million in cuts for a fuel-cell program. Congress is working on its version of the budget and might restore some of the funding.

A new article in The New York Times suggests the United States is falling behind other major industrialized nations in the growing green energy economy. According to the article:

Many European countries — along with China, Japan and South Korea — have pushed commercial development of carbon-reducing technologies with a robust policy mix of direct government investment, tax breaks, loans, regulation and laws that cap or tax emissions. Incentives have fostered rapid entrepreneurial growth in new industries like solar and wind power, as well as in traditional fields like home building and food processing, with a focus on energy efficiency.

But with Congress deeply divided over whether climate change is real or if the country should use less fossil fuel, efforts in the United States have paled in comparison. That slow start is ceding job growth and profits to companies overseas that now profitably export their goods and expertise to the United States.

The full article is available here. A Pew Charitable Trusts study that served as part of the basis of the Times article is available here. 

Case Western Reserve University announced that it is teaming up with industry on research to dramatically improve the productive lifetime of solar energy technologies, energy-efficient lighting, roofing, building exteriors and more. The collaboration is receiving help from the Ohio Third Frontier Commission, which recommended a $2.9 million grant to help fund the Solar-Durability and Lifetime Extension Center at Case. Awarded under the Third Frontier Wright Projects Program, the S-DLE Center will include new labs and a sun farm on campus.

A joint report released by five environmental groups concludes that Ohio utilities saved consumers $56 million between 2009 and 2010 through energy efficiency programs for residential, commercial and industrial properties. The report--a collaboration between Ohio Environmental Council, Natural Resources Defense Council, American Council for an Energy-Efficient Economy, the Sierra Club, and the Environmental Law & Policy Center--is part of a broader effort to support the utility renewable energy and energy efficiency requirements that were enacted as part of Ohio Senate Bill 221 in 2008. A fact sheet accompanying the report is available here.

Courtesy of North American Windpower, renewable resources, including demand response and energy efficiency, made up nearly 68 percent of the new capacity available and about 10 percent of the resources clearing PJM Interconnection's recently completed capacity auction. PJM, a regional transmission organization, coordinates and directs the operation of the transmission grid serving 54 million people in all or parts of Delaware, Illinois, Indiana, Kentucky, Maryland, Michigan, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Virginia, West Virginia and the District of Columbia. More information about PJM's capacity auction is available here.

The Alliance to Save Energy reports that U.S. Senators Rob Portman (R-Ohio) and Jeanne Shaheen (D-NH) will today announce a bill designed to increase the use of energy efficiency technologies in the residential, commercial and industrial sectors.  The legislation, known as the "Energy Savings and Industrial Competitiveness (ESIC) Act of 2011," is a bipartisan bill that promotes the adoption of off-the-shelf energy efficiency technologies that could save businesses and consumers money, make America more energy independent and reduce emissions.

The Ohio  Business Council for a Clean Economy, along with other clean-energy groups, has lent their support to the bill.

The ESIC Act is intended help speed the transition to a more energy efficient economy, increase U.S. economic competitiveness and energy security for the coming decades, and stimulate the economy by encouraging private sector job creation, according to the Alliance to Save Energy.

In a recent letter to U.S. Energy Secretary Steven Chu, Senators Sherrod Brown (D-OH) and Lindsey Graham (R-SC) called for the Department of Energy’s continued support and investment in fuel cell and hydrogen energy programs. Both senators urged Chu to maintain funding for these two programs because, as they claim, the programs help to expand new clean-energy technology and create jobs.

“These successful energy programs—like the Stark State Fuel Cell Prototyping Center—are critical to Ohio’s economic development and in aiding our nation’s energy independence,” Brown said. “Fuel cell and hydrogen technologies are on the cusp of revolutionizing the way we use energy in Ohio and we should allocate all possible resources to encourage our state’s manufacturers, private sector investors, suppliers, and potential customers to embrace this promising new technology.”

More information can be found on Sen. Sherrod Brown’s website.

The Public Utilities Commission of Ohio this week approved FirstEnergy's three-year energy efficiency and peak-demand-reduction portfolio plan. FirstEnergy designed the plan to reduce electricity consumption among customers and meet annual energy efficiency benchmarks established for 2010 to 2012, as reported by Renew Grid magazine.

Ohio Senate Bill 221, enacted in 2008, requires Ohio’s electric utilities to reduce energy demand by 22.2 percent by 2025. FirstEnergy's plan includes a redesigned version of the compact fluorescent light bulb program that was suspended by the PUCO in 2009. The plan also offers incentives to customers who take steps toward increasing energy efficiency. Other coverage of FirstEnergy's plan is available here, here and here.

In an interview with The Associated Press, Ohio's top utility regulator urged Governor-elect John Kasich to keep clean energy standards in place, at least for his first couple of years in office. According to the article, Alan Schriber, set to retire as chairman of the Public Utilities Commission of Ohio, said a requirement that utilities produce 25 percent of their electricity from solar, wind and other clean energy sources by 2025 deserves time to be tested before Kasich makes any changes to the mandates. The full article is available from the Dayton Daily News. 

The Public Utilities Commission of Ohio authorized American Electric Power subsidiary Columbus Southern Power to offer experimental "time-of-day" pricing to some of its small commercial and residential customers as part of its gridSMART program. Under the plan, customers who volunteer for the special pricing will be charged a reduced generation rate during low-cost hours -- defined as midnight to 1 p.m. and 7 p.m. to midnight -- and a higher generation rate during high-cost summer hours -- defined as 1 p.m. to 7 p.m. during the months of June through September. The full PUCO order can be found here. A primer on smart-grid technology is available here. 

A new article by Bricker & Eckler attorneys details how the City of Cleveland and 14 inner-ring suburbs have initiated a unique commercial and industrial program that will help finance advanced energy and energy efficiency projects. The coalition, Cleveland-First Suburbs, is taking advantage of recent changes to Ohio’s special improvement district laws that now allow for financing of energy efficiency improvements, geothermal, wind, biomass or gasification projects -- in addition to solar photovoltaic and solar thermal projects -- through the creation of energy special improvement districts, or Energy SIDs.

According to the article, Energy SIDs have unique characteristics from other, older SIDs: the properties included within an Energy SID do not have to be contiguous and an Energy SID requires the consent of 100 percent of the property owners who will be assessed for the costs of the energy project, which means that participation in an Energy SID is entirely voluntary. The regional Energy SID will allow for qualifying energy projects to be financed according to a uniform plan approved by the participating municipalities. Read the full article here.

The Ohio Department of Development announced that fifteen energy efficiency projects across the state will receive $8.3 million in grant awards funded through a federal stimulus state energy program. Grant recipients include:

• Cleveland-based CAC Club Ventures, LLC will receive $1 million to replace its antiquated HVAC system with a new energy efficient system that includes water-cooled heat pumps, a cooling tower, and heat exchanger.
• Columbus-based Easton Town Center II will receive $911,356 to install a comprehensive energy management system allowing for the smart operation of lighting and mechanical equipment throughout the Easton Town Center retail development.
• Marietta-based Hippodrome/Colony Historical Theatre Association will receive $959,312 to install a water-sourced geothermal heating and cooling system, replace doors and windows, and convert to LED-based lighting at the Colony Theatre.
• Miamisburg Mound Community Improvement Corporation will receive $261,381 for lighting upgrades, electronic HVAC controls and energy monitoring, tenant metering, and total building energy audits at the Mound Advanced Technology Center.

The Ohio Board of Regents recently approved the University of Cincinnati's plans to spend $35 million on energy efficiency improvements and renovations. The project will renovate the Aronoff Center, home to the College of Design, Architecture, Art and Planning; upgrade the energy efficiency of roofs on at least three buildings; and upgrade other major building systems across the campus to make them more efficient. The project will be financed by a 20-year bond issuance.

The Board also recently signed a memorandum of understanding with Turning Point Solar, the developer of a 50 MW solar array in Southeast Ohio, to form an educational collaborative to train workers for clean energy jobs. Zane State College and Hocking College, which already have such training programs in place, are likely participants in the collaborative.

OSU will participate in the CERC-Clean Vehicles group led by the University of Michigan, and will provide research expertise in the areas of vehicle-grid integration and plug-in vehicles; aging and damage characterization of advanced batteries; lightweight vehicle structures; thermoelectrics for the recovery of waste heat; electric drive and power electronic systems; and alternative fuels and advanced engines.

For more information visit the OSU Web site.

As recently reported in Business First Columbus, the Green Columbus Fund will give grants of up to $200,000 to companies looking to acquire brownfield sites, make environmental assessments or be reimbursed for LEED certification costs with the U.S. Green Building Council. The loan fund, meanwhile, uses federal dollars to offer low-interest loans capped at the same amount for companies that take on energy efficient construction and renovation projects.

More details about the two funds can be found here.

Registration ends this Friday for the renewable energy roadshow coming to the Columbus Hyatt Regency on Wed., Sept. 29. Sponsored by the German American Chamber of Commerce of the Midwest, the roadshow will focus on the wind and solar industries' supply chains. Admission is $65 for Chamber members and $75 for nonmembers. Speakers at the event include:

• Friedo Sieleman, Embassy of the Federal Republic of Germany, Washington D.C.
• Lisa Patt-McDaniel, Ohio Department of Development
• Tim Foster, Siemens Industry, Inc.
• Brian King, WILO USA LLC
• Tom Maves, American Wind Energy Association
• Aaron Peterson, juwi Wind LLC

A new report concludes that Ohio's energy efficiency policy is among the best in the country and is working "to accelerate demand for energy efficiency services, businesses, and ultimately jobs." Using a state-by-state analysis of existing policies (including both regulations and investment incentives), as well as market conditions (including energy prices and building stock), the Center for American Progress and Energy Resource Management identified the leading states where smart policies are poised to set the stage for clean energy jobs and the homegrown businesses that will serve this new demand.

Ohio rounded out the top ten states leading in energy efficiency. Ranked ahead of it were Connecticut, California, Maryland, Massachusetts, Pennsylvania, New York, Texas, North Carolina, and New Jersey.

The Clermont County Communities Energy Special Improvement District (C3ESID) and Melink Corp. announced that Miami Township, Union Township, and the city of Milford have approved the creation of an Energy Special Improvement District (ESID). By allowing property owners to pay for energy improvements to their properties via a bond issue tied to a special assessment on their property tax bill, ESIDs help companies reduce energy costs with no upfront investment. The new SID, the first of its kind in the state, will be limited to commercial property owners and solar photovoltaic systems for the first round of financing, and can be expanded to include other forms of renewable energy or energy efficiency should interest materialize.

NorTech, a nonprofit trying to excite growth in northeast Ohio’s advanced-energy economy, wants to craft growth strategies in four advanced-energy sectors, according to a recent article published in the Cleveland Plain dealer. 

According to NorTech, the following four advanced-energy sectors have the greatest potential for growth in the region:

• Biomass and waste energy—producing energy with plant- or waste-based fuels

• Energy storage—storing energy in batteries and other devices

• Smart grid—using energy more efficiently in the nation’s power grid

• Transportation electrification—powering electric vehicles.

According to the article, the promise of profits from algal-based fuels already has researchers interested, including those from the Ohio Aerospace Institute in Brook Park, the Ohio State University and Cleveland State University.

North American Windpower reports that New Jersey Gov. Chris Christie has signed the Offshore Wind Economic Development Act, a bipartisan measure designed to boost economic growth in the state through the development of renewable energy sources and the creation of green jobs.

The legislation will establish an offshore wind renewable energy certification program and will offer financial assistance and tax credits for businesses that construct manufacturing, assemblage and water-access facilities to support the development of qualified offshore wind projects. It also calls for a percentage of electricity sold in the state to be from offshore wind energy. This percentage would be developed to support at least 1,000 MW of generation from qualified offshore wind projects.

Registration is now open for the renewable energy roadshow coming to the Columbus Hyatt Regency on Sept. 29. Sponsored by the German American Chamber of Commerce of the Midwest, the roadshow will focus on the wind and solar industries' supply chains. Admission is $65 for Chamber members and $75 for nonmembers.

Sen. John Kerry (D-Mass.) has introduced legislation that would provide tax incentives for clean energy manufacturing, renewable energy, and conservation. Among other things, the Clean Energy Technology Leadership Act of 2010 would

• provide additional funding for the advanced energy manufacturing credit and uncap the credit for solar energy property, fuel cell power plans, and advanced energy storage systems, including batteries for advanced vehicles;
• extend the excise tax credit for biodiesel and renewable diesel retroactively for 2010 and through 2012;
• provide an additional $3.5 billion for clean renewable energy bonds; and
• extend the research and development tax credit retroactively for 2010 and through 2012, and provide an additional 10 percent credit for qualified advanced energy research expenditures.

In a press release announcing the legislation, Sen. Kerry said that while he will continue to press for comprehensive climate and energy legislation, this new bill would help move the country's energy policy in the right direction.

There are currently two energy-related job openings at the GCEA that the group would like to fill. The jobs are:

Operations Director: The operations director will oversee the GCEA’s residential and commercial program delivery, and assist with workforce development and expansion opportunities in the commercial sector.

Marketing and Community Outreach Director: Primary responsibilities will involve educating the public about energy efficiency, and driving demand for energy services provided by residential and commercial contractors.

If you are interested in either of these positions, please click here for more information about the jobs and how to apply.

Dr. Frank Calzonetti, vice president for research and development for The University of Toledo, will be one of a handful of panelists from around the nation appearing at the Clean Energy Economic Forum at the White House today. The only speaker representing higher education at the forum, Calzonetti will join the Secretary of Commerce Gary Locke, senior government economic officials, and members of the private sector. Calzonetti will participate in a panel discussion on invention and innovation with John Fernandez, assistant secretary of the U.S. Economic Development Administration, and Joyce Ferris, founder and managing partner of investment firm Blue Hill Partners. A second panel on commercialization and competitiveness will follow.

U.S. Senator Sherrod Brown and U.S. Department of Energy Secretary Steven Chu announced the award of $5.9 Million in federal grants to advanced energy and energy efficiency projects. The money will be distributed in Central and Northeast Ohio on three different projects:

• Battelle Memorial Institute, $400K
  For advancements in cooling and heating technologies which could increase air conditioning efficiency by more than 50 percent.
• ADMA, $3.26 Million
  For dehumidifying research that will lead to efficiencies in cooling technologies.
• Case Western Reserve University, $2.25 Million
  Capacitor research for increased voltage capacity in hybrid vehicles and consumer electronic.

The $5.9 million funding comes from the Department of Energy's Advanced Research Projects Agency-Energy (ARPA-E).

Ohio Senate Bill 232 (SB 232) represents a major expansion of Property Assessed Clean Energy (PACE) renewable and advanced energy financing opportunities in Ohio. Bricker & Eckler is offering a PACE Funding and Special Improvement District Law webinar on Wednesday, July 7th from 11:30 a.m. - 12:30 p.m. The program will provide a comprehensive overview of the expanded PACE financing opportunities contained in SB 232, and will discuss how property owners can create special improvement districts in order to finance PACE projects in their communities. Click here for registration details.

Visit Bricker & Eckler's Energy SIDs and PACE Financing Resource Center.

Governor Ted Strickland will be in Toledo today with local officials to announce an Ohio Hub of Innovation and Opportunity. The Ohio Hubs program leverages an area’s resources and investments to attract clusters of connected businesses, encourage new investments and an influx of talented workers, and create new opportunities to create jobs and develop Ohio’s key industries. The event will be held at 1:15 today at the University of Toledo's Scott Park Campus of Energy and Innovation. More information on the Ohio Hubs program is available here.

The Columbus Dispatch has an article detailing a clean energy conference held in Columbus this week. Business leaders at the inaugural event--dubbed Innovation Starts Here--discussed the need for a comprehensive and coherent climate and energy policy at the federal level. There conference was sponsored in part by The Ohio Business Council for a Clean Economy, an advocacy group composed of Ohio businesses that support climate legislation.

The philanthropic arm of the global investment bank Deutsche Bank A.G. (Deutsche Bank Americas Foundation) will be funding the creation of a public database that will document the energy savings from hundreds of retrofitted buildings in New York City.  An accompanying report will identify the specific energy efficiency projects (e.g. lighting retrofits, HVAC updates, and window replacements) as well as their respective costs and energy savings.  The goal is that the quantitative data in the report will not only encourage more entities to undertake energy efficiency projects, but to encourage lenders to finance such projects.  For more information, see http://www.nytimes.com/2010/06/02/realestate/commercial/02deutsche.html.

Crain's Cleveland Business has an article (subscription required) detailing the efforts of Northeast Ohio companies to avoid the energy efficiency charge that will soon start appearing on customers' electric bills around the state. The fee, a result of mandates in Ohio Senate Bill 221, enacted in 2008, that requires investor-owned utilities to cut total energy usage by 22 percent over the next 15 years. The article highlights a number of companies that have already received state approval for energy efficiency upgrades that will exempt them from the charge, at least for a while. They are: Progressive Corp., Lubrizol Corp., Automated Packaging Systems Inc., Polychem Corp., and PCC Airfoils LLC.

Despite the potentially drastic increase in energy costs caused by the new charge, many companies are still hesitant to invest in energy efficiency improvements, according to Bricker & Eckler attorney Tom O'Brien, who is quoted in the article. More information on Bricker & Eckler's energy efficiency services is available here.

Crain's Cleveland Business has an article this week (subscription required) detailing the efforts of the First Suburbs Consortium Development Council to create a special improvement district ("SID") for Cleveland's inner-ring suburbs that would help property owners finance energy-saving projects for their properties. Those efforts are made possible by the Ohio General Assembly's recent passage of Senate Bill 232, which, among other things, expands the availability of municipal special improvement district ("SID") financing, currently only available for solar projects, to include other renewable and advanced energy projects.

In the article, Bricker & Eckler partner Raymond C. Headen explains how the SID legislation allows private property owners to take advantage of the same type of financing governments use to build and maintain sidewalks, roads, sewers and other basic infrastructure. For more information on the SID component of S.B. 232, visit Bricker's updated SID resources page, available here.

The Ohio Department of Development announced that the Ohio Department of Transportation and thirteen higher-education institutions are the latest recipients of the state's federally financed Energy Efficiency and Conservation Block Grant Program. A full list of grant recipients is available here.

Youngstown State University announced plans to install a 10,000-square foot solar array on the roof of Moser Hall, which houses the school's engineering programs. According to a YSU news release, this is the first such installation at YSU and one of the largest of its kind in Northeast Ohio. Installation is expected to take place by late summer or early fall. In addition to its foray into solar power, YSU recently committed to $10 million in energy efficiency upgrades, including more efficient lighting, improved steam traps and insulation, and more efficient chillers. The schools hopes to achieve a 20 percent reduction in energy consumption and savings of $500,000 per year in lighting costs alone. Shaker Heights-based Carbon Vision LLC will coordinate the installation. Carbon Vision's announcement of the project is here. News of the project is here.

American Electric Power customers will start seeing a new charge on their electric bills that will help fund the utility's new energy efficiency programs, according to this article in The Columbus Dispatch. The article notes that a typical household in central Ohio using 1,000 kilowatt-hours a month will pay $2.84 per month. All customers, commercial and residential, will pay the fee, which will add up to $162 million over a three-year period. AEP will use the money to fund its energy efficiency programs, created to help customers achieve energy savings through using less electricity. Those programs currently include: 1) appliance recycling; 2) energy efficient lighting; 3) lighting incentives and custom project incentives; 4) a process whereby mercantile customers, which are subject to an increasing rider under 4928.66(A)(1), can pursue their own projects and potentially receive a rider exemption; 5) and 6) two pilot programs through AEP's Partnership With Ohio Fund for energy efficiency kits. Additional details about the monthly charge can be found here. Information on AEP's programs can be found here.

In a related development, Duke Energy Ohio customers will start to see new charges on their bills to pay for "smart grid" technologies the utility is currently deploying. In an order released last month, the Public Utilities Commission of Ohio approved a stipulation between Duke and groups representing some of its customers that established rates for the new charges. According to this article in The (Georgetown) News Democrat, Duke's Ohio residential electric customers will pay 49 cents more per month and natural gas customers will pay 12 cents more per month. The new charges went into effect on May 17. The Office of the Ohio Consumers' Counsel did not sign on to the stipulation because Duke did not provide any assurances about when residential consumers would benefit from the smart grid and "dynamic prices." With dynamic pricing, customers can respond to real-time electricity prices by adjusting their electricity usage throughout the day. A copy of the PUCO order can be found here. A smart grid primer can be found here.

The Columbus Dispatch has an article about the Ohio Department of Development awarding Energy Efficiency and Conservation Block Grants to the City of Powell and Union County. According to the article, Powell will use its $822,000 grant for a five-part project built mostly around putting solar panels on the roof of the municipal building. Union County, meanwhile, will use its $314,800 grant to update the heating and air-conditioning systems in the county courthouse.

The (Elyria) Chronicle-Telegram has an article about Oberlin-based Specialty Energy Services, Inc., which just received a $50,000 Rapid Outreach Grant from the Ohio Department of Development that will allow the company to create 25 jobs and retain 100 positions for manufacturing wind turbines. According to the article, the 1,200-pound, 10-feet-tall vertical turbines have patent-pending, cost-saving technology that allow them to be connected to the generator using fewer parts. The turbines produce only a small amount of energy, but they can also be stacked three or four high, which increases their production.

With likely federal regulation of carbon dioxide emissions on the horizon, the Ohio Air Quality Development Authority approved grants at its May meeting of up to $3 million to study the suitability of Eastern Ohio’s geology for CO2 sequestration. OAQDA approved grants from its Ohio Coal Development Office program to Battelle Memorial Institute of up to $2.2 million, and to the Ohio Department of Natural Resources of up to $800,000.

State, county and local governments and tribal entities who have not previously applied for Energy Efficiency and Conservation Block Grants have until June 25, 2010 to submit applications to the newest round of funding.

The program, modeled after existing Community Development Block Grants, allows cities and counties to apply for ARRA money to implement energy efficiency and conservation measures including, but not limited to:

• City/County-wide energy efficiency audits 
• Lighting retrofits 
• Boiler and HVAC updates

Go to http://edocket.access.gpo.gov/2010/pdf/2010-12405.pdf or contact Greg Lestini at Bricker & Eckler LLP at glestini@bricker.com for more information.

At the American Wind Energy Association's annual trade show in Dallas, Texas, Ohio Governor Ted Strickland announced plans for the placement of five wind turbines in Lake Erie by 2012. This experimental project features a unique partnership between the Lake Erie Energy Development Corp. (LEEDCo), a non-profit company in Cleveland, and General Electric--and would result in the first operating off-shore wind farm in the United States.

For more information, see http://www.cleveland.com/business/index.ssf/2010/05/strickland_cleveland_wind_proj.html

The Public Utilities Commission of Ohio has approved, with one modification, American Electric Power's energy efficiency and peak demand reduction program portfolio plans for 2010 through 2012. Under the approved plans, AEP intends to incur costs of $161.9 million over a three-year period to meet the mandate of Ohio Revised Code Section 4928.66(A)(1), which requires electric utilities to achieve energy savings on an accelerating scale through 2025. The Commission authorized AEP to start recovering lost distribution revenue, caused by decreased energy usage, through an additional charge, or rider, on electric bills. However, the Commission determined that the record in the case failed to establish what revenue is necessary to provide AEP with the opportunity to recover its costs and earn a reasonable return. The PUCO, therefore, temporarily granted AEP lost revenue recovery through Jan. 1, 2011. If AEP develops a better quantification of its revenue requirements, the PUCO will consider an extension of the recovery period.    

AEP currently has six portfolio programs in place: 1) appliance recycling; 2) energy efficient lighting; 3) lighting incentives and custom project incentives; 4) a process whereby mercantile customers, which are subject to an increasing rider under 4928.66(A)(1), can pursue their own projects and potentially receive a rider exemption; 5) and 6) two pilot programs through AEP's Partnership With Ohio Fund for energy efficiency kits. Information on AEP's programs can be found here.

AEP filed its portfolio plans together with a stipulation the utility entered into with, among others, the Ohio Consumers' Counsel, Ohio Manufacturers' Association, Ohio Environmental Council, Ohio Hospital Association, and Sierra Club of Ohio. Under the terms of the stipulation, the other signatories can challenge AEP's incentive-based renewable energy credit program and REC purchase program for solar photovoltaic and small wind resources.

This month's Forbes magazine has two articles that illustrate just how far the new "green economy" is reaching. The first details how retailing giant Wal-Mart has teamed up with eco-friendly clothing retailer Patagonia to "green" Wal-Mart's supply chain. The second profiles mining magnate Ross Beaty's aggressive move into the geothermal power business.

The Ohio Department of Development is soliciting applications for the Alternative Fuel Transportation Grant Program for the purchase and installation of blended biodiesel, blended gasoline refueling and fuel blending stations. The goal of the program is to increase the availability and use of alternative fuels for motor vehicles and to establish these blending facilities in Ohio.

The program is available for:

• Conversion of existing retail facilities to blended biodiesel or blended gasoline retail facilities;
• New installation of blended biodiesel or blended gasoline retail facilities; or
• New installation of blended biodiesel or blended gasoline fuel blending facilities.

The grant award will cover 80 percent of the total eligible project costs or a maximum grant award of $10,000 for conversion retail facilities, $40,000 for installation of new retail facilities, or $200,000 for installation of new blending facilities, whichever is less. Application forms are available here.

Courtesy of the Post Carbon blog at The Washington Post, the U.S. Department of Commerce has released reports analyzing greenhouse gas emissions and the scope of the country's "green economy." According to the Post, the emissions report found that greenhouse gas emissions grew more slowly than the overall economy between 1997 and 2007, indicating that the country was becoming more energy-efficient. In its "green economy" report, the department found that "green" products and services comprised between 1 and 2 percent of the U.S. economy in 2007. The report also found that the United States has between 1.8 million to 2.4 million green jobs.

In case you missed it, The Columbus Dispatch reported that Ohio State University and Battelle will "share a nearly $4 million grant from the U.S. Department of Energy to create a bioreactor to produce butanol, an alternative fuel." The project is one of 37 clean energy projects sharing $106 million in federal grants. A release from the Energy Department noted that the project will use a bioreacter to "incorporate genetically engineered bacteria that metabolize carbon dioxide, oxygen, and hydrogen to produce butanol. The team anticipates at least a twofold productivity improvement over current levels and a cost that can be competitive with gasoline."

Courtesy of the U.S. Environmental Protection Agency and The New York Times' Green blog, the federal agency has launched an energy efficiency contest that pits selected buildings from around the country against each other. Called the National Building Competition, the contest is patterned after the NBC show "The Biggest Loser," which spotlights overweight contestants trying to lose weight. The competitors include an office building in Midtown Manhattan, a department store in Southern California, a medical center in the Cleveland area and elementary schools in Colorado and New Jersey. According to the Times, the 14 contestants, selected from among 200 applicants, will be encouraged to improve their efficiency by taking simple steps like turning off lights, unplugging power charges and switching to automated temperature controls. The Cleveland-area building is the Solon Family Health Center, operated by The Cleveland Clinic.

After fifteen months of review and debate, most of the rules implementing the energy efficiency and peak demand reductions requirements set forth in SB 221 are now final. Final modifications to the rules were filed on October 28, 2009. And although the Public Utilities Commission of Ohio granted rehearing for the limited purpose of reviewing several rules, the remaining rules are in effect. A summary of the energy efficiency rules is available here. A full copy of the rules is available here.

Kent State University’s Stark and Tuscarawas regional campuses will receive up to $2.5 million in financing for an energy efficiency and conservation project as" part of a financing package authorized by the Ohio Air Quality Development Authority (OAQDA) at its April monthly meeting. The package will be financed by the issuance by OAQDA of Ohio Air Quality Development Revenue Bonds. Energy conservation measures in the plan include lighting retrofits, vending machine controls, HVAC upgrades, solar fountain and waterfall pumps, demand control ventilation, restroom exhaust, building automation enhancements, retro-commissioning, VAV (variable air volume) terminal controls and education programming on energy use behavior.

Ohio Senator Sherrod Brown is promoting a residential "Cash for Caulkers" energy efficiency program proposed by President Obama earlier this year. The program would funnel $222 million in federal funds to Ohio to give cash rebates to customers who install energy-saving items like insulation and new windows. As part of his efforts, Brown also released an analysis estimating what each Ohio county would receive through the program. Brief news summaries are here and here.

And NBC News 24 in Toledo has a brief piece about the city's use of a federally funded $3 million Energy Efficiency Conservation Block Grant build a wind turbine and solar field that will help power its water treatment plant.

The Ohio Department of Development's Ohio Energy Resources Division is accepting applications for $8 million in grants available through the Making Efficiency Work program, funded by federal stimulus money.

The state seeks eligible applicants for energy efficiency improvements in multi-family, commercial, and institutional buildings located in Ohio. Eligible activities include the installation of energy efficiency equipment and measures, including more energy efficient lighting such as LED and day-lighting techniques, HVAC upgrades, weather sealing, more energy-efficient windows and doors, ENERGY STAR appliances, and geothermal heat pumps. Funding is also available for energy audits and commissioning projects that result in energy efficiency upgrades within 12 months and exceed energy code pilot projects within existing buildings.

Awards will be selected through a competitive process and will range between $125,000 and $1 million. All eligible projects must be located within the State of Ohio, completed within 12 months, include a match investment of a minimum of 50 percent of total costs, and provide a direct economic impact to Ohio by creating and retaining jobs.

The RFP can be found here: http://www.development.ohio.gov/recovery/energy/SEP-ARRA-Making-Efficiency%20Work.pdf

The application can be found here: http://www.development.ohio.gov/recovery/energy/SEP-ARRA-Making-Efficiency%20Work-Application.pdf

Other required forms can be found here: http://www.development.ohio.gov/recovery/energy/SEP-ARRA-Making-Efficiency%20Work-Required%20Forms.pdf

Additional information is available at: http://www.development.ohio.gov/recovery/energy/FundingOpportunities.htm

Governor Ted Strickland announced that 28 Ohio municipal projects will receive $15 million in grant awards funded through the federal American Recovery and Reinvestment Act's Energy Efficiency and Conservation Block Grant program. The awards are part of the $25 million in federal stimulus money allocated to Ohio for energy efficiency projects. Recipients include:

• City of Powell -- $821,861 on a major lighting retrofit to include the installation of LED and light sensors, along with a 77 kilowatt solar electric system on the roof of the municipal building. The city estimates an annual savings of $18,500.
• City of Steubenville -- $579,520 to upgrade its 25-year-old city lighting system by replacing 340 street lights and 898 traffic signals with energy efficient LED bulbs. The city estimates annual savings of $96,847.
• Auglaize County -- $1,306,854 to renovate the county courthouse with lighting upgrades, HVAC systems, and the installation of a 20 kilowatt solar electric system.
• Lucas County -- $700,000 for the installation of building controls that allow for the real-time control of HVAC equipment. These controls will result in an estimated 20 percent reduction in operational cost of the equipment.

A complete list can be found here.

Bricker & Eckler has released a new publication detailing the benefits of implementing energy efficiency measures. The brochure is a response to the new requirement under Ohio law that investor-owned electric utilities achieve substantial energy savings by implementing energy efficiency measures with their customers. Utilities are permitted to recover the cost of this energy efficiency mandate by passing along these costs to customers through a new efficiency charge that will soon start appearing on electric bills. However, businesses that implement their own energy efficiency measures may be able to "opt out" of paying this new charge. For more information, contact Bricker & Eckler's Energy Efficiency Team.

A new analysis of employment in the renewable energy sector found that about 70 percent of U.S. renewable energy systems and components are manufactured abroad. The study was released by the Apollo Alliance, a coalition of labor, business and environmental leaders who advocate for the advancement of the country's clean energy industries. If America continues to import the same proportion of renewable energy systems, the report concluded, the country stands to lose out on an estimated 100,000 manufacturing jobs by 2015, and up to 250,000 manufacturing jobs by 2030. The Apollo Alliance report can be found here.

By contrast, The New York Times Green Inc. blog has a post about a new study showing that nearly all energy efficiency equipment used in the United States is also made here. The study found that about 96 percent of caulking used domestically is made here, and various types of attic and wall insulation, as well as spray foam and duct sheet metal, are all over 90 percent American-manufactured. The study also found that 96 percent of replacement windows for American buildings are made here. The study was sponsored by the Home Performance Resource Center, a group linked to the energy efficiency advocacy group Efficiency First. The Home Performance Resource Center report can be found here.

State Representative Debbie Phillips (D-Athens) introduced to the State Senate her bill proposing the creation of the Ohio Energy Resource Center at Ohio University's Voinovich School of Leadership and Public Affairs. The center would serve as an information hub for companies and governmental entities interested in developing renewable and advanced energy projects. The bill passed the Ohio House last year. A summary of the bill is here. The full bill is here.

Environmental advocacy group Environment Ohio has released a new study finding that Ohio has more than 1,100 companies in the energy efficiency industry. Of that total, according to the report:

• At least 52 businesses perform energy audits;
• At least 78 businesses and community organizations weatherize buildings;
• At least 109 businesses manufacture energy efficiency products, such as insulation, high quality doors and windows, and Energy Star appliances;
• At least 215 homebuilders and architecture firms design and construct Energy Star-certified homes;
• At least 680 stores sell energy efficiency products and appliances.

The executive summary of the report can be found here. And the full report can be found here.

For more information on Bricker & Eckler's Energy Efficiency Team, go to: http://www.bricker.com/legalservices/practice/green/efficiency/

What are the chances that Congress will pass a comprehensive climate change bill this year? Well, this article from Reuters makes it sound highly unlikely, with key senators expressing their doubts on the record. But then again, another article from Reuters--published a day later--makes it sound as if Sen. John Kerry (D-Mass.) is committed to getting something done this year.

With a climate change bill stalled in Congress, the Environmental Protection Agency has been moving forward with plans to regulate greenhouse gas emissions itself. But there are plans afoot in the Senate to bring those efforts to a halt, according to an article in The Washington Post.

Meanwhile, the private sector appears increasingly willing to move on its own. None other than retailing behemoth Wal-Mart announced last week, according to an article in The New York Times, that it intends to cut about 20 million metric tons of greenhouse gas emissions from its supply chain by the end of 2015, the equivalent of removing more than 3.8 million cars from the road for a year.

Columbus Mayor Michael Coleman last week unveiled his Green Memo II, a continuation of the mayor’s original Green Memo released in 2005. Green Memo II sets out the mayor's green development goals for the next five years. Its highlights include:

• Creation of a Green Business Incubator in partnership with Sci-Tech, Tech Columbus, The Ohio State University and Battelle to encourage entrepreneurship in the green job industry.

• Establishment of the Green Switch program, a $1 million low-interest revolving loan fund to assist businesses in energy efficiency building renovations.

• Launch of the Green Columbus Fund, a grant program to incentivize the development of green buildings and redevelopment of small brownfield sites such as abandoned gas stations.

The environmental group Sierra Club has launched a clean energy campaign in Canton, according to this story in The Canton Repository. The Canton Clean Energy Jobs campaign is part of the group's efforts to increase support for a comprehensive clean energy bill by tying it to job creation and economic security. Sierra Club has launched similar campaigns elsewhere, including Virginia.

Ohio Senate Bill 221, enacted in 2008, and aimed at encouraging Ohio businesses and utilities to adopt renewable and advanced energy technologies, also includes new energy reduction and peak demand standards that utilities must meet through energy efficiency programs.  Read more information on Bricker & Eckler's website.

FirstEnergy Corp. will now be able to recover administrative fees incurred when the utility finds energy efficiency savings at existing customer-sited projects, following the Public Utilities Commission of Ohio's reversal of one of its own decisions. After denying FirstEnergy's attempt to collect those fees in a December 2, 2009, order, the PUCO reversed itself in an order filed last Thursday. FirstEnergy and other utilities would like to be able to recover such fees as they attempt to satisfy the energy efficiency benchmarks required by Ohio Senate Bill 221.

The folks at RenewableEnergyWorld.com have published a nice breakout of the clean energy funding proposals in President Obama's $28.4 billion budget request for fiscal year 2011. The budget request includes $2.36 billion for the U.S. Department of Energy's Office of Energy Efficiency and Renewable Energy (EERE), a 5 percent increase over fiscal year 2010. The increase in funding for a number of EERE programs would be substantial, including a 53 percent increase for wind energy, a 43 percent increase for the Weatherization and Intergovernmental Program, a 32 percent increase for the Federal Energy Management Program, a 25 percent increase for geothermal energy, and a 22 percent increase for solar energy.

Remember the post from yesterday about an Ohio House member's proposal to create an energy efficiency advisory group that would review the energy efficiency programs of electric and natural gas utilities? Turns out the Ohio Consumers' Counsel helped craft the bill and supports its passage. There's also a story today in The Alliance Review detailing the bill's background, which was born of Rep. Ronald Gerberry's (D) frustration with one utility's scuttled energy efficiency program.

State Rep. Ronald Gerberry (D) has introduced a bill in the Ohio House of Representatives that would create a so-called Energy Efficiency Stakeholder Advisory Group. The group would consist of all electric distribution utilities and natural gas companies operating in the state, and other stakeholders interested in advising utilities about energy efficiency and peak-demand reduction programs required by Ohio Senate Bill 221. The advisory group would allow utilities to work with interested stakeholders in comparing and reviewing existing programs. Under the bill, the advisory group would vote on any energy efficiency or peak-demand reduction program proposed by a utility before submitting it to the PUCO, although a majority vote of approval would not be necessary. The record of the vote would then be submitted to the PUCO along with the proposal.

State Reps. Debbie Phillips (D) and Dan Stewart (D) have introduced a bill in the Ohio House of Representatives that would exempt from property taxation the cost of energy-conservation and renewable energy projects installed on business property in Ohio. The bill would also create a capital gains income tax deduction on the sale of business property with such improvements. Covered projects include solar, wind, geothermal, and energy efficiency improvements.

Under the terms of the bill, starting in 2010, business property owners would be able to claim a property tax exemption equaling the lesser of 35 percent of the cost of the qualifying improvement to the property or the increase, if any, in the assessed value of the property caused by the improvement. Under the income tax provisions, if a business property owner would recognize a capital gain on the sale of property containing an improvement made by that same owner, the owner could claim a deduction calculated based on the length of time since the improvement was installed. The deduction schedule would be:

• 100 percent: For improvements put into service within the five years before the end of the taxable year
• 75 percent: For improvements put into service more than five years but less than ten years before the end of the taxable year
• 50 percent: For improvements put into service more than ten years before the end of the taxable year

U.S. Energy Secretary Steven Chu announced more than $37 million in awards for solid-state lighting projects under the American Recovery and Reinvestment Act of 2009. The projects selected include funding for solid-state lighting core research, product development, and domestic manufacturing. Among these projects, GE Lumination located in Valley View, Ohio, was awarded nearly $800,000 in Recovery Act funding to develop advanced manufacturing methods for warm-white light-emitting diodes (LEDs).

A new report by the Climate Group in partnership with the University of Michigan finds significant potential for job creation and revenue growth in the Midwest over the next five years from the manufacture of three low-carbon technologies.

The report, "American Innovation: Manufacturing Low Carbon Technologies in the Midwest," which uses economic research from Deloitte, estimates that climate and energy policies could create up to 100,000 new jobs in the Midwest, and generate additional market revenues of up to $12 billion, boosting state and local tax revenues by over $800 million by 2015. These gains were estimated from policy-assisted growth in the wind turbine component, hybrid powertrain, and advanced battery manufacturing sectors in the Midwest.

In Ohio, climate and energy policies could create over 22,000 new jobs, $3.2 billion in additional market revenues and more than $148 million in state and local tax revenue from the three low-carbon sectors by 2015, according to the report.

PUCO sets procedural schedule for consideration of AEP Ohio’s Energy Efficiency and Peak Demand Reduction Program Portfolio Plan, Case No. 09-1089-EL-POR, et al. A hearing on AEP Ohio’s three year portfolio plan will take place at the offices of the PUCO on February 25, 2010 at 10:00a. AEP Ohio is asking for approval of its portfolio plan which is the subject of a stipulation filed with the Commission on November 12, 2009. The plan requests approval of program costs projected to total approximately $162 million over the three year period, 2009 through 2011.

Bricker and Eckler LLP has added a resource center with information on Solar SIDs and PACE financing opportunities for your local government, your industry, your business or your home.

Energy SIDs Resource Center

On December 15, 2009, the FirstEnergy electric distribution utilities (Ohio Edison, The Cleveland Electric Illuminating Company, and Toledo Edison) filed for approval of their first portfolio plan implementing the energy efficiency and peak demand requirements set forth in Ohio’s landmark energy legislation, more commonly known as Senate Bill 221.  The nearly 700 page filing is available on the Public Utilities Commission of Ohio’s website in Case No. 09-1947-EL-POR, et al -- http://dis.puc.state.oh.us/CaseRecord.aspx?CaseNo=09-1947.  Numerous interested stakeholders have intervened in the case to protect their interests in participating in the dozen or more different energy efficiency and peak demand reduction programs available to both residential and non-residential customers in FirstEnergy's filing.  The total estimated cost of FirstEnergy’s comprehensive portfolio plan over its three-year planning (2010-2012) is more than $210 million. 

From a procedural standpoint, a technical conference has been scheduled for January 21, 2010 at the offices of the PUCO to assist interested persons in understanding FirstEnergy's filing.  Motions to intervene, intervenor testimony, and objections to FirstEnergy's plan must be filed by February 16th, while PUCO Staff has until February 23rd to file its testimony.  The evidentiary hearing is scheduled to begin on March 2, 2010 at 10am at the PUCO offices.  For more information about First Energy’s filing or the impact of these programs on your monthly electric bill, please contact Tom O’Brien at 614.227.2335 or tobrien@bricker.com / Matt Warnock at 614.227.2388 or mwarnock@bricker.com. 

The Northeast Ohio Public Energy Counsel (NOPEC) recently closed a complex three-way transaction with Gexa Energy Ohio LLC, an affiliate of FPL Group Inc, Juno Beach, Florida, and First Energy Solutions Corp., Akron, Ohio (an affiliate of First Energy Corp.). The deal is expected to result in significant savings on NOPEC customers’ electricity costs. Bricker & Eckler LLP was pleased to represent NOPEC in the transaction. NOPEC'S 425,000 consumers are expected to save approximately $200 million on their electric bills over the next 10 years because of this deal. NOPEC is the largest governmental retail energy aggregator in the nation, serving 128 communities in nine counties in Northeast Ohio. Read more about NOPEC in this recent New York Times article.

Last week, the Ohio Department of Development announced that it was making available $15 million to counties and municipalities that did not previously receive a direct allocation of funding from the US Department of Energy under the ARRA Energy Efficiency and Conservation Block Grant (EECBG) Program. According to the RFP, the EECBG-Local Government Program provides grant funding for a wide array of activities intended to lower fossil fuel emissions, reduce energy usage, and create jobs including energy efficiency retrofits, energy distribution projects, traffic signals and street lighting, reduction and capture of methane and greenhouse gas projects, and renewable energy projects on government buildings. Under the Request for Proposal, the $15 million will be made available to eligible local governments based on population as follows:

• $3 Million for eligible county and city governments with populations below 39,000 
• $4 Million for eligible county and city governments with populations between 39,000 and 65,000 
• $8 Million for eligible county and city governments with populations between 65,000 and above.

Interested applicants must submit a one-page project summary no later than 2 p.m. Nov. 25, at http://recovery.ohio.gov/opportunities/state to be eligible to make a formal proposal for funding under the RFP. Complete proposals are due to the Ohio Energy Office by 2 p.m. on Monday, Nov. 30. Applications are to be mailed to the Ohio Energy Office, 77 S. High St., Columbus, OH 43215. To access the RFP and for more information, see www.development.ohio.gov/recovery/energy/FundingOpportunities.htm.

State Treasurer announces incentive plan for homeowners to make their homes more energy efficient.  The Energy Conservation for Ohioans (ECO-Link) program offers reductions in interest on qualifying bank loans.  Federal tax credits and other discounts may apply as well. 

Read the full story on the Columbus Dispatch website

Bricker & Eckler bulletin on a federal government announcement of a distribution of more than $80 million to Ohio’s Energy Office and individual counties and cities to fund energy efficiency projects.

Read this bulletin on Bricker & Eckler's website

During yesterday's meeting, the Public Utilities Commission approved certain modifications to the Alternative Energy Portfolio Standard ("AEPS"), energy efficiency, long-term forecast and greenhouse gas reporting and carbon dioxide control planning rules under review in Case No. 08-888-EL-ORD. The rules, as modified, will need to complete the Joint Committee on Agency Rule Review process before they will become effective. 

The modifications to the rules, which were previously approved on April 15, 2009 and have undergone a rigorous rehearing process, were posted on the Commission's website. To access a copy of the Commission finding and order, along with the entire docket in this case, enter the case number 08-888-EL-ORD into the search field on the Commission's Docketing Information System page.

Bricker & Eckler LLP will provide a thorough analysis of the 08-888 AEPS rules through a Green Strategies Bulletin in the near future.

In addition to finalizing the Alternative Energy Portfolio Standard ("AEPS") Rules and other "green rules," the Public Utilities Commission took another significant step by establishing an interim process for renewable energy projects to immediately obtain an Ohio certification number, even prior to the effective date of the 08-888 rules. In order for an otherwise qualifying renewable generating facility to generate renewable energy credits ("RECs") that can then be sold to an electric utility or competitive retail electric supplier for compliance with Ohio's AEPS benchmarks, Ohio law requires them to first be registered with a "generally available registry" such as PJM's Generation Attribute Tracking System ("GATS") or MISO's Midwest-Renewable Energy Tracking System ("M-RETS"). A precursor to registering with GATS or M-RETS is a project-specific state certification number, which allows the tracking system to ensure that each project's generation is not being double-counted. Until yesterday, Ohio has lacked a certification system, which has begun to create a bottleneck for renewable energy projects seeking to register with GATS or M-RETS in order to track their renewable generation and REC portfolio. 

The certification process established by the Commission provides for applicants to E-file their application and associated affidavit. E-filing requires a user profile, which can be created on the Commission's Docketing Information System page. The filing instructions, certification application form and affidavits can be accessed at http://www.puco.ohio.gov/puco/forms. An applicant also must demonstrate that the renewable resource is deliverable into the state if the RECs were generated by a renewable resource not located in Ohio or a state physically contiguous to Ohio. According to the instructions, projects still in the construction stage can also file an application requesting a certification number, but must also file an additional notification within 30 days of the facility becoming operational. 

The process for approval of a certification application requires Commission approval, and interested persons may file motions to intervene in the certification case within 20 days of the filing of the application objecting to a proposed certification application . Upon Commission approval of an application, a renewable generating facility will be deemed an eligible energy resource for purposes of Ohio's AEPS. The Commission will then provide the eligible energy resource's certification number to GATS or M-RETS, presumably depending on the physical location of the project, for processing and tracking of the renewable generation and creation of RECs.

Compact, portable fuel cell system digests anything to get energy

Article published Tuesday, June 2 in The Plain Dealer by John Funk

Seventeen parties filed a "motion for re-hearing" on the SB 221 rules relative to advanced energy.  Issues raised include the statuory 3% cost cap for renewables, "deliverability of power," and double-counting of energy efficiency and renewable energy. The deadline for a reply comment is may 26, 2009."