Ohio Revised Code Search
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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.
...y to the proper conduct of governmental activities. |
Section 4906.03 | Powers and duties of power siting board.
...in length; (b) Primarily needed to attract or meet the requirements of a specific customer or specific customers; (c) Necessary to maintain reliable electric service as a result of the retirement or shutdown of an electric generating facility located within the state; or (d) A rebuilding of an existing transmission line. (2) An electric generating facility that uses waste heat or natural gas and is primarily ... |
Section 4906.04 | Certificate required for construction of major utility facility.
...No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility. The replacement of an existing facility with 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... |
Section 4906.05 | Certificate exemptions.
...No certificate is required for a major utility facility on which construction had already commenced on October 23, 1972, or within two years thereafter. This section does not exempt such a facility from any other requirements of state and local laws and regulations. No certificate is required for any major utility facility already in operation on October 23, 1972, and the facility shall not be exempt from any... |
Section 4906.06 | Certificate application.
...if ordered, and shall be available for public inspection. The application shall be filed not more than five years prior to the planned date of commencement of construction. The five-year period may be waived by the board for good cause shown. (B) Each application shall be accompanied by proof of service of a copy of such application on the chief executive officer of each municipal corporation and county, and t... |
Section 4906.07 | Public hearing on application.
...e 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 if the proposed change in the facility would result in any material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of such facility ... |
Section 4906.08 | Parties - testimony.
...ty within thirty days after the date of publication of the notice required by division (C) of section 4906.06 of the Revised Code, and if that petition has been granted by the board for good cause shown. (B) The board, in extraordinary circumstances for good cause shown, may grant a petition, for leave to intervene as a party to participate in subsequent phases of the proceeding, that is filed by a person identified... |
Section 4906.09 | Record of hearing.
...A record shall be made of the hearing and of all testimony taken. 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.
... (6) That the facility will serve the public interest, convenience, and necessity; (7) In addition to the provisions contained in divisions (A)(1) to (6) of this section and rules adopted under those divisions, what its impact will be on the viability as agricultural land of any land in an existing agricultural district established under Chapter 929. of the Revised Code that is located within the site and alterna... |
Section 4906.101 | No power siting board certificate or amendment in restricted area.
...(A) For purposes of this section and sections 4906.102 and 4906.103 of the Revised Code, "material amendment" and "utility facility" have the same meanings as in section 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... |
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.
...If a board of county commissioners has adopted a resolution which limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant, as described in 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... |
Section 4906.105 | Report to the general assembly.
...ete the report in consultation with JobsOhio and may consult with or request the assistance of PJM interconnection regional transmission organization, L.L.C., the independent market monitor for PJM interconnection regional transmission organization, L.L.C. and other interested stakeholders, such as transmission owners. The report may include any recommendations for legislative changes to ensure transmission planning ... |
Section 4906.11 | Opinion stating reason for decision.
... an opinion stating its reasons for the action taken. |
Section 4906.12 | Procedures of public utilities commission to be followed.
...he same manner as if the board were the public utilities commission under such sections. |
Section 4906.13 | No local jurisdiction.
...nection to the electrical grid. (B) No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code. Nothing herein shall prevent the application of state laws for the pro... |
Section 4906.14 | Joint proceedings.
... is functioning under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. The board, in the discharge of its duties under Chapter 4906. of the Revised Code, may negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of congress, for cooperative efforts in certi... |
Section 4906.20 | Certificate required to construct certain wind farms.
...farms that is identical to the extent practicable to the process applicable to certificating major utility facilities under sections 4906.06, 4906.07, 4906.08, 4906.09, 4906.10, 4906.11, and 4906.12 of the Revised Code and shall prescribe a reasonable schedule of application filing fees structured in the manner of the schedule of filing fees required for major utility facilities. (2) Additionally, the rules shall pr... |
Section 4906.201 | Setback requirements.
...sion of this section as amended by that act. The amendments to this section by that act shall not be construed to limit or abridge any rights or remedies in equity or under the common law. |
Section 4906.21 | Decommissioning plan for solar and wind generation required.
...(A) For the purposes of this section and sections 4906.21 to 4906.232 of the Revised Code: (1) "Applicant" means an applicant for a certificate, or a material amendment 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... |
Section 4906.211 | Decommissioning plan requirements and estimated costs.
...ng; (2) A schedule of decommissioning activities, not to extend beyond twelve months from the date the utility facility ceases operation; (3) An estimate of the full costs of decommissioning the utility facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its pre-construction state. The estimate shall not take into account the salvage v... |
Section 4906.212 | Decommissioning estimated costs recalculation.
...The estimate of the total decommissioning costs of a utility facility, as described in division (B)(3) of section 4906.211 of the Revised Code, shall be recalculated every five years by an engineer retained by the applicant. |
Section 4906.22 | Decommissioning performance bond required.
...(A) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility. (B) The power siting board shall be the obligee of the bond. |
Section 4906.221 | Decommissioning performance bond amount.
...The performance bond required by section 4906.22 of the Revised Code shall be equal to the estimate of the costs of decommissioning included in the decommissioning plan described in section 4906.211 of the Revised Code. |