Ohio Revised Code Search
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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 4906.11 | Opinion stating reason for decision.
...In rendering a decision on 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.
...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.
...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.
...(A) No person shall commence to construct an economically significant wind farm in this state without first 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 b... |
Section 4906.201 | Setback requirements.
...(A) An electric generating plant that consists of wind turbines and associated facilities with a single interconnection to the electrical grid that is designed for, or capable of, operation at an aggregate capacity of fifty megawatts or more is subject to the minimum setback requirements established in rules adopted by the power siting board under division (B)(2) of section 4906.20 of the Revised Code. (B)(1... |
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.
...(A) The decommissioning plan submitted to the power siting board under section 4906.21 of the Revised Code shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors. The board may reject the engineer chosen by the applicant and to require the applicant to choose another qualified engineer. (B) The plan shall contain the following: (1) A l... |
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. |
Section 4906.222 | Decommissioning performance bond update.
...(A) The performance bond for the decommissioning of a utility facility shall be updated every five years, based on the most recent estimates, as described in section 4906.212 of the Revised Code. (B) If the costs of decommissioning are greater in the most recent estimate than the costs of the immediately preceding estimate, the performance bond shall be increased proportionately. (C) If the costs of decommissioni... |
Section 4906.30 | No power siting board certificate or amendment for nonconformity.
...(A) For purposes of this section and section 4906.31 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 a material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, t... |
Section 4906.31 | Power siting board application provided to township and county.
...(A) Not later than three days after an application for a certificate, or a material amendment to an existing certificate, for a utility facility is found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's designee, is accepted by the power siting board, and the filing fee is paid by the applicant, the board shall provide a ful... |
Section 4906.97 | Notice and hearing of complaint.
...(A) Upon a finding by the power siting board that there are reasonable grounds to believe that a person has violated a provision of section 4906.98 of the Revised Code, the board shall fix a time for hearing such complaint and shall notify the person. The notice shall be served not less than fifteen days before the date of hearing and shall state the matters that are the subject of the complaint. Parties to the compl... |
Section 4906.98 | Prohibited acts.
...(A) No person shall construct a major utility facility or economically significant wind farm without first obtaining a certificate. (B) No person shall construct, operate, or maintain a major utility facility or economically significant wind farm other than in compliance with the certificate the person has obtained. (C) No person or economically significant wind farm shall fail to comply with any order issu... |
Section 4906.99 | Penalty.
...Whoever willfully violates any provision of section 4906.98 of the Revised Code may be fined not less than one thousand dollars nor more than ten thousand dollars for each day of violation, or imprisoned for not more than one year, or both. |
Section 4907.01 | Definitions.
...to 4907.63 of the Revised Code: (A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code. (B) "Telephone company," "street railway company," and "interurban railroad company" have the same meanings as in section 4905.03 of the Revised Code. (C) "Railroad" has the same meaning as in section 4907.02 of the Revised Code. (D) "Public highway" has the same meaning as in section 4921.0... |
Section 4907.02 | Railroad defined.
...ted or not, operating such agencies for public use in the conveyance of persons or property within this state. All duties required of, and penalties imposed upon, a railroad or an officer or agent thereof insofar as they are applicable, are required and imposed upon express companies, water transportation companies, and interurban railroad companies, and upon their officers and agents. The public utilities co... |
Section 4907.03 | Regulation of service.
...Regulation of service applicable to railroads shall include: (A) The transportation of passengers and property between points within this state; (B) The receiving, switching, delivering, storing, and handling of such property; (C) All charges connected with divisions (A) and (B) of this section, including icing charges and mileage charges; (D) All railroad companies, sleeping car companies, equipment companies, e... |
Section 4907.04 | Exception.
...Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code do not apply to street and electric railways engaged solely in the transportation of passengers within the limits of cities, or to other private railroads not doing business as common carriers. |