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."