Ohio's Renewable Energy and Energy Efficiency Laws: The Evolution of Sub. S.B. 58
After requesting comments on the matter, Ohio Sen. Bill Seitz (R-Cincinnati) introduced S.B. 58 in February as a placeholder bill to review the state's energy efficiency and renewable energy requirements. A year and a half earlier, the senator co-sponsored S.B. 216 in an unsuccessful attempt to completely repeal the requirement that electric distribution utilities and electric services companies provide 25 percent of their retail power supplies from advanced and renewable energy resources by 2025.
The state's renewable energy and energy efficiency requirements were established in S.B. 221, which then Governor Ted Strickland signed into law in 2008, and were further amended as part of S.B. 315, which Governor John Kasich signed into law in 2012.
S.B. 58 was described as a five-year checkup not intended to repeal, but to review and possibly modify these state mandates. Throughout March and April, the Senate Public Utilities Committee, which Seitz chairs, held hearings on the state's energy portfolio rules.
These hearings garnered national attention when The Associated Press reported that Ohio was one of several states to have been given "model legislation eliminating the targets for renewables, dubbed the Electricity Freedom Act," by the American Legislative Exchange Council (ALEC), which is a national conservative policy advisory group that includes Seitz among its board members. Throughout the hearings, little opposition was voiced against the state's renewable energy rules as FirstEnergy Corp. and others focused on the bill's energy efficiency requirements. During the hearings, various organizations and local governments began to voice their opinions about changing these laws. The hearings wrapped up in May, at which time Sen. Seitz indicated that the committee would take the summer to process the information that was presented.
In late September, Sen. Seitz introduced a substitute version of the placeholder bill S.B. 58 that would "remove a requirement for utilities to buy half of their renewable power from Ohio suppliers, broaden activities that count toward energy management for large commercial and industrial power users and cap how much utilities can spend on energy-saving programs," the Cincinnati Enquirer reported. Witnesses began squaring off over Sub. S.B. 58 in October. That month, the debate reached the Ohio House when Rep. Peter Stautberg (R-Cincinnati) introduced the noncompetitive, companion legislation H.B. 302 in an effort to prepare the House for the Sub. S.B. 58 debate.
Based on criticisms communicated during these hearings, Sen. Seitz announced late last month that he intended to propose two amendments to Sub. S.B. 58. One amendment would allow energy savings upgrades that utilities make on their own systems to count toward the state's energy efficiency requirements, but not eligible for shared savings incentives. The other amendment would "amend language in the bill that would make it optional for the Public Utilities Commission of Ohio to assess penalties on utilities that fail to comply with the clean energy requirements," according to the Gongwer Ohio Report. The news service also reported that Ohio's largest utilities appear to support Sub. S.B. 58 — FirstEnergy, American Electric Power-Ohio (AEP-Ohio) and Duke Energy publicly support the bill, while the Dayton Power & Light Company (DP&L) has yet to comment. Energy efficiency had been center stage during these hearings until last week, when proponents and opponents of the wind energy industry testified and debated about the impact of the renewable energy requirement on utilities and consumers.
The Senate Public Utilities Committee accepted amendments to Sub. S.B. 58 until Friday, November 15 and will possibly have a vote on the bill Wednesday, November 20.
Below are all of the testimonies distributed during the hearings regarding Sub. S.B. 58 and H.B. 302, although the comprehensiveness of this list is uncertain.
If you have questions regarding Ohio's energy legislation, contact Dylan Borchers at (614) 227-4914 or dborchers@bricker.com.
Tuesday, March 19, 2013
• Colin Murchie, Solar Energy Industries Association
• Andrew Ott, PJM Interconnection
• Sam Randazzo, Industrial Energy Users-Ohio
• Daniel R. Simmons, Institute for Energy Research
• James Taylor, The Heartland Institute
• Eric Thumma, Mid-Atlantic Renewable Energy Coalition
Tuesday, April 9, 2013
• David Boehm, Ohio Energy Group
• Wilson Gonzalez, Ohio Consumers' Counsel
• Andy Holzhauser, Greater Cincinnati Energy Alliance
• Sam Randazzo, Industrial Energy Users-Ohio
• David Rinebolt, Ohio Partners for Affordable Energy
• Dylan Sullivan, Natural Resources Defense Council
• Susan Tierney, Advanced Energy Economy Ohio
• Leila Vespoli, FirstEnergy
• Jason Watkins, Cincinnati Children's Hospital
• WIRE-Net
Tuesday, April 23, 2013
• Jennifer Abram, Resident
• Amber Bellamy, Resident
• Jeff Bishop, EDP Renewables
• Jeff Blake, Parker Hannifin Corp.
• Eric Burkland and Ryan Augsburger, Ohio Manufacturers' Association
• Linda Butler and Steven Nissen, Residents
• Terri Dawson, Resident
• Steven Giles, Hull & Associates, Inc.
• Carolyn Harding, Resident
• Ruth Hardy, Resident
• Heat is Power Association
• Brett Heffner, Resident
• David Hoehnen, Resident
• Lois Hornbostel, Resident
• Lisa Kochheiser, Resident
• Brian Kunkemoeller, Sierra Club-Ohio
• Kate Melges, Greenpeace-Ohio
• Steve Millard, Council of Smaller Enterprises
• Grant Milliron, Milliron Recycling
• Greg Pace, Resident
• Al Rosenfield, League of Women Voters-Ohio
• Laura Steinbrink and James Nice, Energy Avenue
• Rick Taylor, Jay Industries
Wednesday, September 25, 2013
• Dave Boehm, Ohio Energy Group
• Sam Randazzo, (plus attachment), Industrial Energy Users-Ohio
• Sen. Seitz, sponsor testimony
Wednesday, October 2, 2013
• Trish Demeter, Ohio Environmental Council
• Steve Frenkel (plus attachment), Union of Concerned Scientists
• Carolyn Harding, Resident
• Lois Hornbostel, Resident (Sierra Club member)
• Rich Housh, Juice Technologies dba Plug Smart
• Mary Huttlinger, Small Business Majority
• Jereme Kent, One Energy Enterprises LLC
• Steve Meizlish, Marcy Adhesives
• Steve Melink, Melink Corporation and Ohio Advanced Energy Economy
• Kevin Moyer, Toledo-Lucas County Port Authority
• Greg Pace, Fresh Water Accountability Project and Sierra Club member
• Zach Roberts, Operation Free
• Jason Slattery, Rudolph/Libbe and the Toledo Chamber Solar Initiative
• Jeffrey St. Clair, Resident
• Melinda Clause Stoltz, Resident
• Eric Thumma (plus attachment), Iberdrola Renewables
• Mark Wiley (plus attachment), Kastle Solar, LLC
• Ronald Wyss, Resident
Wednesday, October 9, 2013
• Dennis Bollinger, Energy Developments, Inc.
• (DSIRE) Database of State Incentives for Renewables & Efficiency
• Lucas Dixon, Plug Smart
• Ned Ford (plus attachment), Sierra Club
• Craig A. Foster, Ohio Interfaith Power and Light
• Tony George, George Group
• Jerry Hayes, Defiance County Economic Development
• Carrie Cullen Hitt, Solar Energy Industries Association
• James Jacobs, American Rail Center
• Kris Jordan (R-Ostrander), Ohio Senator (S.B. 34 sponsor testimony)
• Robert Kelter, Environmental Law and Policy Center
• Dave Mannion, Copeland Oaks
• (NREL) National Renewable Energy Laboratory
• Terrence O'Donnell, Ohio Advanced Energy Economy
• Todd Perren, Extrudex Aluminum Inc.
• Brenda Schulz, Nucor Steel Marion, Inc. and Emily Petrovich, United States Steel Corporation
• Frank Szollosi, National Wildlife Federation
• Bruce J. Weston, Ohio Consumers' Counsel
• Amanda Woodrum, Policy Matters Ohio
• Eric Zimmer, Tipping Point Energy Tuesday, October 22, 2013
• Bill Blazer, Madison County Chamber of Commerce
• David Hughes, Specialty Fab, Inc.
• Jonathan Lesser, Continental Economics, Inc.
• Al Rosenfield (plus attachment)
• Support Letters (Letters submitted on behalf of various businesses)
Wednesday, November 6, 2013
• Dale Arnold and Brandon Kern, Ohio Farm Bureau
• David R. Blair, GEM Energy
• David F. Ciarlone, Ohio Energy Group
• Mark Fedor, Morgan Engineering Systems, Inc.
• Gregory Kuss, SolarVision, LLC
• Robert J. Lapp, The Timken Company
• Letters Submitted in Opposition
• Letters Submitted in Support
• List of Sub. S.B. 58 Supporters
• Ohio Manufacturers' Association
• Doug Sibila, Peoples Services Inc
• Sarah Smith, Van Wert County Business Outreach Coordinator
• Matthew A. Szollosi, Affiliated Construction Trades Foundation of Ohio
Wednesday, November 13, 2013
• James Fuscaldo, Interstate Informed Citizens Coalition
• Dr. Michael Giberson, expert on his own behalf
• Michael Goggin, American Wind Energy Association
• Dr. Jay Lehr, The Heartland Institute
• Lisa Linowes, The WindAction Group
• Kevon Martis, Interstate Informed Citizens Coalition
• Robert W. Rand, Interstate Informed Citizens Coalition
• Melissa Seymour, Iberdrola Renewables
• Daniel Simmons, American Energy Alliance
• George Taylor, expert on his own behalf
• Tom Vinson, American Wind Energy Association
