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Section 4928.63 | Purpose of energy efficiency program.

...The director of development and the public benefits advisory board have the powers and duties provided in sections 4928.61 and 4928.62 of the Revised Code, in order to promote the welfare of the people of this state; stabilize the economy; assist in the improvement and development within this state of not-for-profit entity, industrial, commercial, distribution, residential, and research buildings and activities requi...

Section 4928.64 | Electric distribution utility to provide electricity from qualifying renewable energy resources.

...on and as it considers appropriate, the public utilities commission may classify any new technology as such a qualifying renewable energy resource. (B)(1) By the end of 2026, an electric distribution utility shall have provided from qualifying renewable energy resources, including, at its discretion, qualifying renewable energy resources obtained pursuant to an electricity supply contract, a portion of the electri...

Section 4928.641 | Costs being recovered through bypassable charge.

...(A) If an electric distribution utility has executed a contract before April 1, 2014, to procure renewable energy resources and there are ongoing costs associated with that contract that are being recovered from customers through a bypassable charge as of September 12, 2014, that cost recovery shall, regardless of the amendments to section 4928.64 of the Revised Code by H.B. 6 of the 133rd general assembly, continue ...

Section 4928.642 | [Repealed effective 8/14/2025 by H.B. 15, 136th General Assembly] Reduction from compliance amount.

...eginning with compliance year 2020, the public utilities commission shall, in accordance with this section, reduce the number of kilowatt hours required for compliance with section 4928.64 of the Revised Code for all electric distribution utilities and all electric services companies in this state. The commission shall determine each utility's and each company's reduction by taking the total amount of kilowatt hours ...

Section 4928.643 | Baselines for compliance with qualified renewable energy resource requirements.

...(A) Except as provided in division (B) of this section and section 4928.644 of the Revised Code, the baseline for an electric distribution utility's or an electric services company's compliance with the qualified renewable energy resource requirements of section 4928.64 of the Revised Code shall be the average of total kilowatt hours sold by the utility or company in the preceding three calendar years to the fo...

Section 4928.644 | Adjustments to baselines.

...(A) The public utilities commission may reduce either baseline described in section 4928.643 of the Revised Code to adjust for new economic growth in the electric distribution utility's certified territory or in the electric services company's service area in this state. (B) To facilitate the competitiveness of mercantile customers located in this state that are registered as self-assessing purchasers under divisio...

Section 4928.645 | Use of renewable energy credits.

...or metered amounts of gas. (B)(1) The public utilities commission shall adopt rules specifying that one unit of credit shall equal one megawatt hour of electricity derived from renewable energy resources, except that, for a generating facility of seventy-five megawatts or greater that is situated within this state and has committed by December 31, 2009, to modify or retrofit its generating unit or units to enable t...

Section 4928.65 | Adoption of rules governing disclosure of costs to customers of the renewable energy resource, energy efficiency savings, and peak demand reduction requirements.

...(A) Not later than January 1, 2015, the public utilities commission shall adopt rules governing the disclosure of the costs to customers of the renewable energy resource, energy efficiency savings, and peak demand reduction requirements of sections 4928.64 and 4928.66 of the Revised Code. The rules shall include both of the following requirements: (1) That every electric distribution utility list, on all cust...

Section 4928.66 | Implementing energy efficiency programs.

...he savings shall be as estimated by the public utilities commission. The savings requirement, using such a three-year average, shall increase to an additional five-tenths of one per cent in 2010, seven-tenths of one per cent in 2011, eight-tenths of one per cent in 2012, nine-tenths of one per cent in 2013, and one per cent in 2014. In 2015 and 2016, an electric distribution utility shall achieve energy savings equal...

Section 4928.661 | Low-income customer portfolio plan re-established.

... the same terms and conditions that the public utilities commission approved for the low-income program as it existed prior to the portfolio plan's termination, including the funding level originally allocated to the program. (B) A portfolio plan program re-established under division (A) of this section shall terminate on December 31, 2021. (C) The commission shall issue an order requiring electric distribution u...

Section 4928.662 | Measurement and determination of compliance with demand reduction requirements.

...ection 4928.66 of the Revised Code, the public utilities commission shall count and recognize compliance as follows: (A) Energy efficiency savings and peak demand reduction achieved through actions taken by customers or through electric distribution utility programs that comply with federal standards for either or both energy efficiency and peak demand reduction requirements, including resources associated w...

Section 4928.6610 | Definitions for R.C. 4928.6611 to 4928.6615.

...lan required under rules adopted by the public utilities commission and codified in Chapter 4901:1-39 of the Administrative Code or hereafter recodified or amended ; (2) Any plan implemented pursuant to division (G) of section 4928.66 of the Revised Code.

Section 4928.6611 | Opting out of portfolio plan.

...Beginning January 1, 2017, a customer of an electric distribution utility may opt out of the opportunity and ability to obtain direct benefits from the utility's portfolio plan. Such an opt out shall extend to all of the customer's accounts, irrespective of the size or service voltage level that are associated with the activities performed by the customer and that are located on or adjacent to the customer's pr...

Section 4928.6612 | Notice of intent.

...opt-out notice to the secretary of the public utilities commission. The notice provided to the utility shall include all of the following: (A) A statement indicating that the customer has elected to opt out; (B) The effective date of the election to opt out; (C) The account number for each customer account to which the opt out shall apply; (D) The physical location of the customer's load center; (E) The da...

Section 4928.6613 | Effect of election to opt out.

...tility portfolio plans approved by the public utilities commission.

Section 4928.6614 | Opting in.

... notice of its intent to opt in to the public utilities commission and the electric distribution utility from which it receives service. (B) A customer that opts in under this section shall maintain its opt-in status for three consecutive calendar years before being eligible subsequently to exercise its right to opt out after giving the utility twelve months' advance notice.

Section 4928.6615 | Notice of intent to opt in.

...e opt-in notice to the secretary of the public utilities commission. The notice shall include all of the following: (A) A statement indicating that the customer has elected to opt in; (B) The effective date of the election to opt in; (C) The account number for each customer account to which the opt in shall apply; (D) The physical location of the customer's load center.

Section 4928.67 | Standard contract or tariff providing for net energy metering.

...nd underwriters laboratories. (C) The public utilities commission shall adopt rules relating to additional control and testing requirements for customer-generators that the commission determines are necessary to protect public and worker safety and system reliability. (D) An electric utility shall not require a customer-generator whose net metering system meets the standards and requirements provided for in...

Section 4928.68 | Rules establishing greenhouse gas emission reporting requirements.

...e extent permitted by federal law, the public utilities commission shall adopt rules establishing greenhouse gas emission reporting requirements, including participation in the climate registry, and carbon dioxide control planning requirements for each electric generating facility that is located in this state, is owned or operated by a public utility that is subject to the commission'...

Section 4928.69 | No surcharge, service termination charge, exit fee, or transition charge.

...greement filed with and approved by the public utilities commission under section 4905.31 of the Revised Code, an electric distribution utility shall not charge any person that is a customer of a municipal electric utility that is in existence on or before January 1, 2008, any surcharge, service termination charge, exit fee, or transition charge.

Section 4928.70 | Review of green pricing programs.

...(A) The public utilities commission may periodically review any green pricing program offered in this state as part of competitive retail electric service. At the conclusion of a review, the commission may make recommendations to improve or expand the program subject of the review. (B) The commission shall adopt rules necessary to carry out purposes of this section.

Section 4928.71 | Study regarding customer choice; report.

...The public utilities commission shall study whether increased energy efficiency, demand response, generation, and transmission provide increased opportunities for customer choice. The commission shall include in the study an evaluation of emerging technologies. The commission shall commence the study not later than eighteen months after the effective date of this section. At the conclusion of the study, the co...

Section 4928.72 | Multi-state study on the development of compressed natural gas infrastructures for transportation.

...The public utilities commission may, in cooperation with the department of transportation, work with other states to develop a multi-state study on the development of compressed natural gas infrastructures for transportation.

Section 4928.73 | Mercantile customer self-power system.

...or more mercantile customers. (D) The public utilities commission shall adopt rules to implement this section that are applicable to electric distribution utilities. (E) Nothing in this section prohibits an electric distribution utility or an electric cooperative from charging a mercantile customer for distribution or transmission service used by a mercantile customer.

Section 4928.75 | Waiver request.

...Beginning in fiscal year 2021 and each fiscal year thereafter, the director of development services shall, in each fiscal year, submit a completed waiver request in accordance with section 96.83 of Title 45 of the Code of Federal Regulations to the United States department of health and human services and any other applicable federal agencies for the state to expend twenty-five per cent of federal low-income home ene...

Section 4967.03 | Merger with other railroad companies.

...A railroad company formed by the consolidation of a company of this state with a company of another state, or the surviving company in case of a merger of such companies, may make a further consolidation or merger with a company of this state, or of this state and any other state, or of another state or states, owning or operating over continuous, connected, but not parallel or competing lines. This section or sectio...

Section 4967.04 | Agreement of consolidation or merger.

...A consolidation or merger of railroad companies shall be effected by each railroad company adopting an agreement of merger or consolidation pursuant to section 1701.78, 1701.79, 1701.80, or 1701.801 of the Revised Code and making the filings required by section 1701.81 of the Revised Code.

Section 4967.10 | Relief for dissenting shareholder.

...A stockholder who dissents in a consolidation or merger of railroad companies pursuant to section 4967.04 of the Revised Code is entitled to relief as a dissenting shareholder under section 1701.85 of the Revised Code.

Section 4967.12 | Property of old companies vests in new - rights of creditors not impaired.

...Upon the consummation of any consolidation or merger, all the rights, privileges, and franchises of each of the companies, parties to the agreement of consolidation or merger, and all its property, debts due on account of subscriptions for stock, and other things in action, are to be deemed transferred to and vested in, or remain vested in, such new or surviving company without further act or deed. All property, righ...

Section 4967.13 | Disposition of stocks and bonds acquired upon consolidation or merger.

...A consolidated railroad company created by or existing under the laws of this state, or of this state and any other state, may take, hold, pledge, or otherwise dispose of, under such terms and agreements as the board of directors of such company prescribes, the stock and bonds of any other company acquired upon any consolidation or merger or received by virtue of any purchase, lease, or operating contract. Such compa...

Section 4967.14 | Consolidated company may issue stock in lieu of purchase money.

...When a consolidated railroad company described in section 4967.13 of the Revised Code is in possession of or operating in connection with or extension of its own railroad, any other railroad in this state or any other state, under purchase, conveyance, lease, contract, or agreement, such company may take a surrender or transfer of the whole or a part of the capital stock of the company conveying, leasing, or owning s...

Section 4967.15 | Property of company acquired by purchase vested in consolidated company.

...When the whole of the capital stock referred to in section 4967.14 of the Revised Code is surrendered or transferred, and a certificate thereof filed in the office of the secretary of state, under the common seal of the consolidated railroad company to which such surrender or transfer was made, the estate, property, rights, privileges, and franchises of the company whose stock was so surrendered or transferred vests ...

Section 4967.16 | Effect of consolidation.

...Sections 4967.14 and 4967.15 of the Revised Code do not relieve a consolidated railroad company from paying the fee provided by section 111.16 of the Revised Code in case a corporation files a certificate for an increase of its capital stock. The rights of a stockholder not surrendering or transferring his stock are not affected, nor are existing liabilities or the rights of creditors of the company whose stock has b...

Section 4967.17 | Principal office.

...ailroad, but may change it at pleasure. Public notice of such establishment or change shall be given by publication in a newspaper of general circulation in the state, and by filing a written notice thereof with the secretary of state. This section and other laws respecting the residence of directors of corporations, the keeping of a principal or general office, and the records of corporations, do not apply to consol...

Section 4967.18 | Taxation of property of railroad located in this state.

...That part of the railroad of a consolidated or surviving railroad company located in this state, and all its real and personal property in this state, shall be listed for taxation and taxed in the same manner as the railroad and property of other railroad companies in this state. To ascertain the proportion of the rolling machinery subject to taxation here, the officer listing it shall ascertain the value of all the ...

Section 4967.19 | Actions against new company.

...Suits may be brought and maintained against the new company formed by a consolidation of railroad companies, or against the surviving company in the case of a merger, in the courts of this state for all causes of action, in the same manner as against other companies.

Section 4967.20 | Proof of charters not required.

...In any suit brought to charge a consolidated or surviving railroad company with a liability of any company party to the consolidation or merger, it is not necessary to produce or prove: (A) The charters of such companies; (B) The laws of the several states under and by virtue of which such consolidation or merger was effected; (C) The original articles of consolidation or merger.

Section 4967.21 | Two or more companies owning a road may divide and dispose of it.

...When two or more railroad companies are owners in common of the whole or a part of a railroad located within this state, and by reason of inequality in the amount of business done on such railroad by each company require a different degree and extent of improvement and development, such companies may enter into any arrangement they agree upon for enlarging, improving, developing, or increasing the facilities of such ...

Section 4967.22 | Proceedings when companies cannot agree on a division.

...ommon, either company may file with the public utilities commission a statement, under its seal, of the character and estimated cost of any addition or change in the nature of the roadbed, right of way, main tracks or sidetracks, bridges, culverts, buildings, structures, fixtures, or appurtenances, or any part thereof, of such railroad or part thereof, desired by such company, and of its inability to agree with the o...

Section 4967.23 | Cost of improvements.

...ch party in default, and may be sold at public sale as in other cases upon execution. A railroad company having authority to own or operate a railroad in this state, may purchase such interest at such sale, and enjoy and exercise in respect thereto, all the rights, privileges, and franchises which were exercised or enjoyed by the company owning it up to the time of sale. The compulsory power of enforcing additions or...

Section 4967.24 | Partition not compulsory.

...Sections 4967.21 to 4967.23, inclusive, of the Revised Code, do not imply or confer a right or power of compulsory partition of the joint property against the will of either of the joint owners, but it may be sold upon execution as provided in such sections.

Section 4967.25 | Company selling interest may purchase or condemn land along route.

...If, pursuant to the agreement or to the proceedings provided for in sections 4967.21 to 4967.24, inclusive, of the Revised Code, either railroad company sells or conveys, or suffers to be sold or conveyed, its interest in the railroad or part thereof so owned in common, such company may acquire by purchase or condemnation such land as it needs to construct, maintain, and operate a railroad along and adjacent to such ...

Section 4967.26 | Application in case of lease.

...Sections 4967.21 to 4967.25, inclusive, of the Revised Code, apply in case one or more railroad companies or owners in common has leased its interest in the portion of railroad owned in common, and the lessee of such interest may unite with the lessor in the agreement provided for in section 4967.21 of the Revised Code, or with such lessor and owner, be compelled to make or pay for the addition and improvements conte...

Section 4969.01 | Sale of roadbed and right of way.

...A company, owning in whole or in part a roadbed and right of way for a railroad within this state, including those acquired by purchase at judicial sale, which, from lack of means or other cause, is unable to complete the construction of the proposed railroad theron, may sell, assign, and transfer it, or a part thereof, to any other company incorporated under the laws of this state, with authority to construct and op...

Section 4969.02 | Consent to sale by stockholders.

...Before a transfer as provided by section 4969.01 of the Revised Code may be made, the president of the company shall call a meeting of its stockholders, at some convenient point on, or at a terminus of, the railroad, of which meeting he shall cause at least thirty days' notice to be published in a newspaper published in or in general circulation in each county in which such roadbed and right of way are situated. By a...

Section 4969.03 | Dissenting stockholder may retain interest.

...No transfer shall be made under section 4969.01 of the Revised Code against the dissent of any stockholder, expressly declared and filed in writing at the meeting provided by section 4969.02 of the Revised Code, without the guaranty of the grantee company that it will issue to him, certificated of its capital stock, equal in amount to his pro rata interest as a stockholder of the grantor, in the amount for which the ...

Section 4969.04 | Title vests in grantee.

...The title to the property transferred, with the right to use, occupy, and enjoy it for all purposes proper in the construction, maintenance, and operation of a railroad thereon, shall pass to and vest in the grantee company, by the execution of the deed referred to by section 4969.01 of the Revised Code, to the same extent as the granting company might or could use, occupy, and enjoy it.

Section 4969.05 | Certain contracts of sale void unless recorded.

...No contract for the sale of railroad equipment, rolling stock, or other personal property to be used in or about the operation of a railroad, by the terms of which the purchase money, in whole or part, is to be paid in the future, and in which it is stipulated or conditioned that the title to the property sold shall not vest in the vendee, but shall remain in the vendor until the purchase money has been fully paid, i...

Section 4969.06 | Parties may provide for a conditional sale in a lease.

...Any written contract for the renting, leasing, or hiring of railroad equipment, rolling stock, or other personal property to be used in or about the operation of a railroad, may stipulate or provide for a conditional sale of the property at the termination of such renting, leasing, or hiring, and may stipulate or provide that the rental reserved as paid, or when paid in full, shall be applied and treated as purchase ...

Section 4969.07 | Sale of equipment.

...Sections 4969.05 and 4969.06 of the Revised Code apply, not only to contracts made with a railroad company as vendee or lessee, but also apply to all contracts which may be made with any interurban railroad or street railway company, or other company, corporation, or person as vendee or lessee, by which any such interurban railroad or street railway company, or other corporation, company, or person undertakes to purc...