Ohio Revised Code Search
Section |
---|
Section 4906.02 | Power siting board organization.
...hin the public utilities commission the power siting board, composed of the chairperson of the public utilities commission, the director of environmental protection, the director of health, the director of development, the director of natural resources, the director of agriculture, and a representative of the public who shall be an engineer and shall be appointed by the governor, from a list of three nominees submitt... |
Section 4906.021 | Ad hoc member requirement, qualifications.
... Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members to represent the interests of the residents of the area in which the utility facility is to be located. (C)(1) The ad hoc members shall be: (a) The chairperson of the board of township trustees of the township in w... |
Section 4906.022 | Ad hoc member designation.
...(A) Voting ad hoc members of the power siting board under section 4906.021 of the Revised Code shall be designated not later than thirty days after a board of county commissioners or a board of township trustees receives notification that an application, for which an ad hoc member shall be included, has been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the p... |
Section 4906.023 | Limitation on ad hoc member of intervening township or county.
...to adopt a resolution to intervene in a power siting board case for which it is entitled to have a voting ad hoc member under section 4906.02 of the Revised Code, the member shall not vote on the resolution to intervene, unless the member designates another individual to serve as the ad hoc member. A designee under this section shall meet the requirements of division (E) of section 4906.021 of the Revised Code. |
Section 4906.024 | Ex parte communication exemption and requirements for ad hoc members.
...(A) A voting ad hoc member of the power siting board under section 4906.02 of the Revised Code shall be exempt from any limitations on ex parte communications. (B) If such an ad hoc member communicates with a party, including any party who is an intervenor, to a board proceeding, the ad hoc member and the party shall disclose the following to the board: (1) The date of the conversation; (2) All participants in ... |
Section 4906.025 | Ad hoc member confidentiality requirements.
...t or former voting ad hoc member of the power siting board shall disclose or use, without appropriate authorization, information acquired in the course of official duties that is confidential because of either of the following: (A) Statutory law; (B) Notice the ad hoc member received designating the information as confidential and both of the following apply: (1) The status of the proceedings, or the circumsta... |
Section 4906.03 | Powers and duties of power siting board.
...The power siting board shall: (A) Require such information from persons subject to its jurisdiction as it considers necessary to assist in the conduct of hearings and any investigations or studies it may undertake; (B) Conduct any studies or investigations that it considers necessary or appropriate to carry out its responsibilities under this chapter; (C) Adopt rules establishing criteria for evaluating the ... |
Section 4906.04 | Certificate required for construction of major utility facility.
...h a like facility, as determined by the power siting board, shall not constitute construction of a major utility facility. Such replacement of a like facility is not exempt from any other requirements of state or local laws or regulations. Any facility, with respect to which such a certificate is required, shall thereafter be constructed, operated, and maintained in conformity with such certificate and any terms, con... |
Section 4906.05 | Certificate exemptions.
...tial addition" shall be defined by the power siting board. Any electric generating plant and associated facilities, electric transmission line and associated facilities, or gas pipeline and associated facilities which is not a major utility facility is not exempt from state or local laws or regulations. |
Section 4906.06 | Certificate application.
...th the office of the chairperson of the power siting board an application, in such form as the board prescribes, containing the following information: (1) A description of the location and of the major utility facility; (2) A summary of any studies that have been made by or for the applicant of the environmental impact of the facility; (3) A statement explaining the need for the facility; (4) A statement of ... |
Section 4906.07 | Public hearing on application.
...ection 4906.06 of the Revised Code, the power siting board shall promptly fix a date for a public hearing thereon, not less than sixty nor more than ninety days after such receipt, and shall conclude the proceeding as expeditiously as practicable. (B) On an application for an amendment of a certificate, the board shall hold a hearing in the same manner as a hearing is held on an application for a certificate ... |
Section 4906.08 | Parties - testimony.
... Code, if the person has filed with the power siting board a notice of intervention as a party, within thirty days after the date the person was served with a copy of the application; (3) Any person residing in a municipal corporation or county entitled to receive service of a copy of the application under division (B) of section 4906.06 of the Revised Code and any other person, if the person has petitioned the boar... |
Section 4906.09 | Record of hearing.
... Rules of evidence, as specified by the power siting board, shall apply to the proceeding. The board may provide for the consolidation of the representation of parties having similar interests. |
Section 4906.10 | Basis for decision granting or denying certificate.
...(A) The power siting board shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, or modifications of the construction, operation, or maintenance of the major utility facility as the board considers appropriate. The certificate shall be subject to sections 4906.101, 4906.102, and 4906.103 of the Revised Code and conditioned upon the fac... |
Section 4906.101 | No power siting board certificate or amendment in restricted area.
...n 303.57 of the Revised Code. (B) The power siting board shall not grant a certificate for the construction, operation, and maintenance of, or material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, to be constructed in a restricted area of the unincorporated area of a county, as designated by that county's board of county commissioners under sections 3... |
Section 4906.102 | No power siting board certificate or amendment where prohibited.
...(A) The power siting board shall not grant a certificate for the construction, operation, and maintenance of, or a material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, to be constructed in the unincorporated area of a county, if the board of county commissioners of the county in which a utility facility is to be located has adopted a resolution prohibi... |
Section 4906.103 | No power siting board certificate or amendment where limited.
...section 303.62 of the Revised Code, the power siting board shall not grant a certificate or material amendment that includes an area outside of the geographic area approved by the board of county commissioners of the county in which the utility facility is to be located. |
Section 4906.105 | Report to the general assembly.
...The power siting board shall submit a report to the general assembly, not later than December 1, 2021, on whether the current requirements for the planning of the power transmission system and associated facilities investment in this state are cost effective and in the interest of consumers. The board shall hold at least one public meeting before completing the report. The board shall complete the report in consultat... |
Section 4906.11 | Opinion stating reason for decision.
...n an application for a certificate, the power siting board shall issue an opinion stating its reasons for the action taken. |
Section 4906.12 | Procedures of public utilities commission to be followed.
...apply to any proceeding or order of the power siting board under Chapter 4906. of the Revised Code, in the same manner as if the board were the public utilities commission under such sections. |
Section 4906.13 | No local jurisdiction.
...(A) As used in this section and sections 4906.20 and 4906.98 of the Revised Code, "economically significant wind farm" means wind turbines and associated facilities with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of five or more megawatts but less than fifty megawatts. The term excludes any such wind farm in operation on June 24, 2008. The term ... |
Section 4906.14 | Joint proceedings.
...The power siting board, in the discharge of its duties under Chapter 4906. of the Revised Code, may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the board is functi... |
Section 4906.20 | Certificate required to construct certain wind farms.
... having obtained a certificate from the power siting board. An economically significant wind farm with respect to which such a certificate is required shall be constructed, operated, and maintained in conformity with that certificate and any terms, conditions, and modifications it contains. A certificate shall be issued only pursuant to this section. The certificate may be transferred, subject to the approval of the ... |
Section 4906.201 | Setback requirements.
...ts established in rules adopted by the power siting board under division (B)(2) of section 4906.20 of the Revised Code. (B)(1) For any existing certificates and amendments thereto, and existing certification applications that have been found by the chairperson to be in compliance with division (A) of section 4906.06 of the Revised Code before the effective date of the amendment of this section by H.B. 59 of ... |
Section 4906.21 | Decommissioning plan for solar and wind generation required.
...nt to an existing certificate, from the power siting board to construct, operate, or maintain a utility facility, and includes any subsequent person to whom the certificate is transferred. (2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code. (B) At least sixty days prior to the commencement of construction of a utility facility, the applicant shall submi... |