As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                              Sub. S. B. No. 46  5            

      1997-1998                                                    6            


                SENATORS CARNES-DIX-GAETH-WHITE-                   8            

  REPRESENTATIVES HAINES-HOUSEHOLDER-OGG-OPFER-PADGETT-VESPER-     9            

                  TIBERI-TERWILLEGER-LEWIS-REID                    10           


                                                                   12           

                           A   B I L L                                          

             To amend sections 1509.38, 3737.91, and 3737.92 and   14           

                to enact sections 1510.01 to 1510.13 and 1510.99   15           

                of the Revised Code to provide for the             17           

                establishment of an oil and natural gas marketing  18           

                program and to add requirements for  eligibility   19           

                to receive payment from the Petroleum Underground  20           

                Storage Tank Financial Assurance  Fund.            21           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        23           

      Section 1.  That sections 1509.38, 3737.91, and 3737.92 be   25           

amended and sections 1510.01, 1510.02, 1510.03, 1510.04, 1510.05,  28           

1510.06, 1510.07, 1510.08, 1510.09, 1510.10, 1510.11, 1510.12,     29           

1510.13, and 1510.99 of the Revised Code be enacted to read as     30           

follows:                                                                        

      Sec. 1509.38.  There is hereby created in the division of    40           

oil and gas a technical advisory council on oil and gas, which     41           

shall consist of eight members to be appointed by the governor     42           

with the advice and consent of the senate.  Three members shall    43           

be independent oil or gas producers, operators, or their           44           

representatives, operating and producing primarily in Ohio THIS    45           

STATE, three members shall be oil or gas producers, operators, or  47           

their representatives having substantial oil and gas producing     48           

operations in Ohio THIS STATE and at least one other state, one    49           

member shall represent the public, and one member shall represent  51           

persons having landowners' royalty interests in oil and gas        52           

                                                          2      

                                                                 
production. All members must SHALL be residents of Ohio THIS       53           

STATE, and all members, except the members representing the        55           

public and persons having landowners' royalty interests, must      56           

SHALL have at least five years of practical or technical           58           

experience in oil or gas drilling and production.  Not more than   59           

one member may represent any one company, producer, or operator.   60           

      Terms of office shall be for three years, commencing on the  62           

first day of February and ending on the thirty-first day of        63           

January, except that upon expiration of the term ending February   64           

1, 1976, the new term which succeeds it shall commence on          65           

February 2, 1976 and end on January 31, 1979; upon expiration of   66           

the terms ending on February 2, 1975, the new terms which succeed  67           

them shall commence on February 3, 1975 and end on January 31,     68           

1978; and upon expiration of the terms ending on February 4,       69           

1973, the new terms which succeed them shall commence on February  70           

5, 1973 and end on January 31, 1976.  Each member shall hold       71           

office from the date of his appointment until the end of the term  72           

for which he THE MEMBER was appointed.  A vacancy in the office    73           

of a member shall be filled by the governor, with the advice and   75           

consent of the senate.  Any member appointed to fill a vacancy     76           

occurring prior to the expiration of the term for which his THE    77           

MEMBER'S predecessor was appointed shall hold office for the       78           

remainder of such THAT term.  Any member shall continue in office  80           

subsequent to the expiration date of his THE MEMBER'S term until   81           

his THE MEMBER'S successor takes office, or until a period of      84           

sixty days has elapsed, whichever occurs first.                                 

      The council shall select from among its members a chairman   86           

CHAIRPERSON, a vice-chairman VICE-CHAIRPERSON, and a secretary.    88           

All members are entitled to their actual and necessary expenses                 

incurred in the performance of their duties as such members,       89           

payable from the appropriations for the division.                  92           

      The governor may remove any member for inefficiency,         94           

neglect of duty, or malfeasance in office.                         95           

      The council shall hold at least one regular meeting in each  97           

                                                          3      

                                                                 
quarter of a calendar year, and shall keep a record of its         98           

proceedings.  Special meetings may be called by the chairman,      99           

CHAIRPERSON and shall be called by him THE CHAIRPERSON upon        101          

receipt of a written request therefor signed by two or more                     

members of the council.  A written notice of the time and place    103          

of each meeting shall be sent to each member of the council.       104          

Five members constitute a quorum, and no action of the council is  105          

valid unless five members concur.                                               

      The council shall, when requested by the chief of the        107          

division of oil and gas, SHALL consult with and advise the chief   108          

and perform such other duties as THAT may be lawfully delegated    110          

to it by the chief.  The council shall have the right to MAY       111          

participate in hearings held by the chief pursuant to Chapter                   

1509. of the Revised Code, UNDER THIS CHAPTER and shall have HAS   113          

powers of approval as provided in sections 1509.24 and 1509.25 of  115          

the Revised Code.  THE COUNCIL SHALL CONDUCT THE ACTIVITIES        116          

REQUIRED, AND EXERCISE THE AUTHORITY GRANTED, UNDER CHAPTER 1510.  117          

OF THE REVISED CODE.                                                            

      Sec. 1510.01.  AS USED IN THIS CHAPTER:                      119          

      (A)  "FIRST PURCHASER" MEANS:                                121          

      (1)  WITH REGARD TO CRUDE OIL, THE PERSON TO WHOM TITLE      123          

FIRST IS TRANSFERRED BEYOND THE GATHERING TANK OR TANKS, BEYOND    124          

THE FACILITY FROM WHICH THE CRUDE OIL WAS FIRST PRODUCED, OR       125          

BOTH;                                                              126          

      (2)  WITH REGARD TO NATURAL GAS, THE PERSON TO WHOM TITLE    128          

FIRST IS TRANSFERRED BEYOND THE INLET SIDE OF THE MEASUREMENT      129          

STATION FROM WHICH THE NATURAL GAS WAS FIRST PRODUCED.             130          

      (B)  "INDEPENDENT PRODUCER" MEANS A PERSON WHO COMPLIES      133          

WITH BOTH OF THE FOLLOWING:                                                     

      (1)  PRODUCES OIL OR NATURAL GAS AND IS NOT ENGAGED IN       135          

REFINING EITHER PRODUCT;                                                        

      (2)  DERIVES A MAJORITY OF INCOME FROM OWNERSHIP IN          137          

PROPERTIES PRODUCING OIL OR NATURAL GAS.                           138          

      (C)  "QUALIFIED INDEPENDENT PRODUCER ASSOCIATION" MEANS AN   141          

                                                          4      

                                                                 
ASSOCIATION THAT COMPLIES WITH ALL OF THE FOLLOWING:               142          

      (1)  IT IS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS        144          

SECTION;                                                           145          

      (2)  IT IS ORGANIZED AND OPERATING WITHIN THIS STATE;        148          

      (3)  A MAJORITY OF THE MEMBERS OF ITS GOVERNING BODY ARE     150          

INDEPENDENT PRODUCERS.                                             151          

      (D)  "TECHNICAL ADVISORY COUNCIL" OR "COUNCIL" MEANS THE     153          

TECHNICAL ADVISORY COUNCIL CREATED IN THE DIVISION OF OIL AND GAS  154          

UNDER SECTION 1509.38 OF THE REVISED CODE.                         155          

      Sec. 1510.02.  IN ACCORDANCE WITH THIS CHAPTER, THE          157          

TECHNICAL ADVISORY COUNCIL SHALL DO ALL OF THE FOLLOWING:          159          

      (A)  ESTABLISH PROCEDURES BY WHICH INDEPENDENT PRODUCERS IN  162          

THIS STATE MAY PROPOSE, DEVELOP, AND OPERATE A MARKETING PROGRAM   163          

TO DO ALL OF THE FOLLOWING:                                        164          

      (1)  DEMONSTRATE TO THE GENERAL PUBLIC THE IMPORTANCE AND    166          

ECONOMIC SIGNIFICANCE OF THE OIL AND NATURAL GAS INDUSTRY IN THIS  168          

STATE;                                                                          

      (2)  ENCOURAGE THE WISE AND EFFICIENT USE OF ENERGY;         171          

      (3)  PROMOTE ENVIRONMENTALLY SOUND PRODUCTION METHODS AND    173          

TECHNOLOGIES IN THE INDUSTRY;                                      174          

      (4)  SUPPORT RESEARCH AND EDUCATIONAL ACTIVITIES CONCERNING  177          

THE INDUSTRY.                                                                   

      (B)  ESTABLISH PROCEDURES NECESSARY TO IMPLEMENT AND         180          

ADMINISTER THIS CHAPTER;                                           181          

      (C)  DETERMINE THE ELIGIBILITY OF INDEPENDENT PRODUCERS TO   184          

PARTICIPATE IN REFERENDUMS AND OTHER PROCEDURES THAT MAY BE        185          

REQUIRED TO ESTABLISH A MARKETING PROGRAM FOR OIL AND NATURAL      186          

GAS.                                                                            

      Sec. 1510.03.  A MARKETING PROGRAM THAT IS ESTABLISHED       189          

UNDER THIS CHAPTER MAY INCLUDE AUTHORITY TO DO AT LEAST ALL OF     190          

THE FOLLOWING:                                                                  

      (A)  CARRY OUT THE PURPOSES OF THE PROGRAM IDENTIFIED IN     192          

SECTION 1510.02 OF THE REVISED CODE;                               193          

      (B)  ENTER INTO CONTRACTS WITH QUALIFIED ORGANIZATIONS,      195          

                                                          5      

                                                                 
AGENCIES, OR INDIVIDUALS, OR ANY COMBINATION THEREOF, TO CARRY     196          

OUT THOSE PURPOSES;                                                197          

      (C)  CONTRIBUTE TO ANY NATIONAL OR REGIONAL MARKETING        199          

PROGRAM FOR OIL AND NATURAL GAS IF THE PROGRAM IS EXCLUSIVELY FOR  201          

THE SAME PURPOSES AS THE PROGRAM ESTABLISHED UNDER THIS CHAPTER.   202          

      Sec. 1510.04.  (A)  INDEPENDENT PRODUCERS IN THIS STATE MAY  204          

PRESENT THE TECHNICAL ADVISORY COUNCIL WITH A PETITION SIGNED BY   206          

THE LESSER OF ONE HUNDRED OR TEN PER CENT OF ALL SUCH PRODUCERS    207          

REQUESTING THAT THE COUNCIL HOLD A REFERENDUM IN ACCORDANCE WITH   208          

SECTION 1510.05 OF THE REVISED CODE TO ESTABLISH A MARKETING       209          

PROGRAM FOR OIL AND NATURAL GAS OR TO AMEND AN EXISTING PROGRAM.   210          

      (B)  AT THE TIME OF PRESENTATION OF THE PETITION TO THE      212          

COUNCIL UNDER DIVISION (A) OF THIS SECTION, THE PETITIONERS ALSO   213          

SHALL PRESENT THE PROPOSED PROGRAM OR AMENDMENT, WHICH SHALL       215          

INCLUDE ALL OF THE FOLLOWING:                                                   

      (1)  THE RATE OF ASSESSMENT TO BE MADE ON THE PRODUCTION OF  217          

OIL AND NATURAL GAS IN THIS STATE, WHICH SHALL NOT EXCEED ONE      218          

CENT PER EACH GROSS BARREL OF OIL AND ONE-TENTH OF ONE CENT PER    219          

THOUSAND CUBIC FEET OF NATURAL GAS;                                             

      (2)  TERMS, CONDITIONS, LIMITATIONS, AND OTHER               221          

QUALIFICATIONS FOR ASSESSMENT;                                     222          

      (3)  PROCEDURES TO REFUND THE ASSESSMENT.                    224          

      (C)  BEFORE MAKING A DECISION UNDER THIS DIVISION TO         226          

APPROVE OR DISAPPROVE A PROPOSED PROGRAM OR AMENDMENT, THE         227          

COUNCIL SHALL PUBLISH IN AT LEAST TWO APPROPRIATE PERIODICALS      228          

DESIGNATED BY THE COUNCIL A NOTICE THAT THE PROGRAM OR AMENDMENT   229          

HAS BEEN PROPOSED AND INFORMING INTERESTED PERSONS OF THE          230          

PROCEDURES FOR SUBMITTING COMMENTS REGARDING THE PROPOSAL.  AFTER  231          

PUBLISHING THE NOTICE, THE COUNCIL SHALL PROVIDE INTERESTED        232          

PERSONS WITH A COPY OF THE PROPOSED PROGRAM OR AMENDMENT AND AN    234          

OPPORTUNITY TO COMMENT ON THE PROPOSED PROGRAM OR AMENDMENT FOR    235          

THIRTY DAYS AFTER THE PUBLICATION OF THE NOTICE.  THE PETITIONERS  236          

MAY MAKE CHANGES TO THE PROPOSED PROGRAM OR AMENDMENT BASED UPON   237          

THE COMMENTS RECEIVED.  THE COUNCIL MAY MAKE TECHNICAL CHANGES TO  238          

                                                          6      

                                                                 
THE PROPOSAL TO ENSURE COMPLIANCE WITH THIS CHAPTER.  SUBSEQUENT   239          

TO ANY CHANGES MADE BY THE PETITIONERS OR ANY TECHNICAL CHANGES    240          

MADE BY THE COUNCIL TO A PROPOSED PROGRAM OR AMENDMENT, THE        241          

COUNCIL MAY APPROVE OR DISAPPROVE THE PROPOSED PROGRAM OR          242          

AMENDMENT.                                                                      

      (D)  IF THE COUNCIL APPROVES THE PROPOSED PROGRAM OR         244          

AMENDMENT, WITH ANY CHANGES MADE UNDER DIVISION (C) OF THIS        245          

SECTION, THE COUNCIL SHALL HOLD A REFERENDUM IN ACCORDANCE WITH    246          

SECTION 1510.05 OF THE REVISED CODE TO ESTABLISH A MARKETING       247          

PROGRAM FOR OIL AND NATURAL GAS OR TO AMEND AN EXISTING PROGRAM.   248          

      Sec. 1510.05.  (A)  NOT LATER THAN NINETY DAYS AFTER THE     251          

TECHNICAL ADVISORY COUNCIL HAS APPROVED A MARKETING PROGRAM        252          

PROPOSED UNDER SECTION 1510.04 OF THE REVISED CODE, OR AN          253          

AMENDMENT TO SUCH A PROGRAM, THE COUNCIL SHALL DETERMINE BY A      254          

REFERENDUM WHETHER THE ELIGIBLE INDEPENDENT PRODUCERS, AS          255          

DETERMINED UNDER DIVISION (C) OF SECTION 1510.02 OF THE REVISED    256          

CODE, FAVOR THE PROPOSED PROGRAM OR AMENDMENT.  THE COUNCIL SHALL  257          

CAUSE A BALLOT REQUEST FORM TO BE PUBLISHED NOT LESS THAN THIRTY   258          

DAYS BEFORE THE BEGINNING OF THE ELECTION PERIOD ESTABLISHED       259          

UNDER DIVISION (B) OF THIS SECTION IN AT LEAST TWO APPROPRIATE     261          

PERIODICALS DESIGNATED BY THE COUNCIL AND SHALL MAKE THE FORM      262          

AVAILABLE FOR REPRODUCTION TO ANY QUALIFIED INDEPENDENT PRODUCER   263          

ASSOCIATION.                                                                    

      (B)  IN A REFERENDUM HELD UNDER THIS SECTION, EACH ELIGIBLE  266          

INDEPENDENT PRODUCER IS ENTITLED TO ONE VOTE.  THE COUNCIL SHALL   267          

ESTABLISH A THREE-DAY PERIOD DURING WHICH ELIGIBLE INDEPENDENT     268          

PRODUCERS MAY VOTE EITHER IN PERSON DURING NORMAL BUSINESS HOURS   269          

AT POLLING PLACES DESIGNATED BY THE COUNCIL OR BY MAILING A        270          

BALLOT TO SUCH A POLLING PLACE.  THE COUNCIL SHALL SEND A MAIL-IN  272          

BALLOT BY FIRST-CLASS MAIL TO ANY ELIGIBLE INDEPENDENT PRODUCER    273          

WHO REQUESTS ONE BY SENDING IN THE BALLOT REQUEST FORM PROVIDED    274          

FOR IN DIVISION (A) OF THIS SECTION, BY CALLING ONE OF THE         276          

POLLING PLACES DESIGNATED BY THE COUNCIL, OR BY ANY ADDITIONAL     277          

METHOD THAT THE COUNCIL MAY PROVIDE.  A BALLOT THAT IS RETURNED    278          

                                                          7      

                                                                 
BY MAIL IS NOT VALID IF IT IS POSTMARKED LATER THAN THE THIRD DAY  279          

OF THE ELECTION PERIOD ESTABLISHED BY THE COUNCIL.                 280          

      (C)  A MARKETING PROGRAM OR AN AMENDMENT TO A MARKETING      283          

PROGRAM IS FAVORED BY INDEPENDENT PRODUCERS IF A MAJORITY OF THE   284          

INDEPENDENT PRODUCERS WHO VOTE IN THE REFERENDUM VOTE IN FAVOR OF  285          

THE PROGRAM OR AMENDMENT.  IF THE INDEPENDENT PRODUCERS WHO VOTE   286          

IN THE REFERENDUM DO NOT FAVOR THE PROPOSED PROGRAM OR AMENDMENT,  287          

THE COUNCIL SHALL NOT HOLD ANOTHER REFERENDUM ON THE PROPOSED      288          

PROGRAM OR AMENDMENT DURING THE TEN MONTHS FOLLOWING THE CLOSE OF  289          

THE REFERENDUM AT WHICH THE INDEPENDENT PRODUCERS DID NOT FAVOR    290          

THE PROPOSED PROGRAM OR AMENDMENT.                                 291          

      Sec. 1510.06.  (A)  WHEN THE INDEPENDENT PRODUCERS WHO VOTE  293          

IN A REFERENDUM HELD UNDER SECTION 1510.05 OF THE REVISED CODE     294          

FAVOR A PROPOSED MARKETING PROGRAM, THE TECHNICAL ADVISORY         295          

COUNCIL SHALL ORDER THE PROGRAM ESTABLISHED.  THE COUNCIL SHALL    297          

APPOINT AN OPERATING COMMITTEE CONSISTING OF SEVEN MEMBERS.  SIX   299          

OF THE MEMBERS SHALL BE INDEPENDENT PRODUCERS.  THE COUNCIL SHALL  300          

SELECT THOSE MEMBERS FROM LISTS OF NAMES SUBMITTED BY QUALIFIED                 

INDEPENDENT PRODUCER ASSOCIATIONS.  EACH MEMBER WHO IS AN          301          

INDEPENDENT PRODUCER SHALL BE AT LEAST TWENTY-FIVE YEARS OLD, BE   302          

A RESIDENT OF THIS STATE, AND HAVE AT LEAST FIVE YEARS OF ACTIVE   303          

EXPERIENCE IN THE OIL AND NATURAL GAS INDUSTRY.                                 

      THE SEVENTH MEMBER SHALL BE A MEMBER OF AN ORGANIZATION      305          

THAT REPRESENTS FARMERS.  THE COUNCIL SHALL SELECT THAT MEMBER     306          

FROM A LIST SUBMITTED BY SUCH AN ORGANIZATION.                     307          

      OF THE INITIAL APPOINTMENTS, THE COUNCIL SHALL APPOINT TWO   309          

MEMBERS FOR TERMS OF ONE YEAR, TWO MEMBERS FOR TERMS OF TWO        310          

YEARS, AND THREE MEMBERS FOR TERMS OF THREE YEARS.  THEREAFTER,    312          

THE COUNCIL SHALL APPOINT EACH MEMBER FOR A THREE-YEAR TERM        313          

UNLESS THE APPOINTEE IS TO FILL A VACANCY, IN WHICH CASE THE       314          

APPOINTEE SHALL BE APPOINTED FOR THE UNEXPIRED TERM.  EACH SUCH    315          

SUBSEQUENT APPOINTMENT SHALL BE MADE PRIOR TO THE EXPIRATION DATE  316          

OF THE PRECEDING OR VACANT TERM.  THE COUNCIL SHALL NOT APPOINT    317          

ANY MEMBER OF AN OPERATING COMMITTEE TO SERVE MORE THAN THREE                   

                                                          8      

                                                                 
SUCCESSIVE FULL THREE-YEAR TERMS.                                  318          

      (B)  EACH MEMBER OF AN OPERATING COMMITTEE IS ENTITLED TO    321          

ACTUAL AND NECESSARY TRAVEL AND INCIDENTAL EXPENSES WHILE          322          

ATTENDING MEETINGS OF THE COMMITTEE OR WHILE ENGAGED IN THE        323          

PERFORMANCE OF OFFICIAL RESPONSIBILITIES DELEGATED TO THE          324          

COMMITTEE.                                                                      

      (C)  NO PERSON IS LIABLE IN A CIVIL ACTION FOR ANY ACTIONS   326          

TAKEN IN GOOD FAITH AS A MEMBER OF AN OPERATING COMMITTEE.         327          

      Sec. 1510.07.  THE TECHNICAL ADVISORY COUNCIL SHALL MONITOR  329          

THE ACTIONS OF AN OPERATING COMMITTEE TO ENSURE ALL OF THE         330          

FOLLOWING:                                                                      

      (A)  A MARKETING PROGRAM IS SELF-SUPPORTING;                 332          

      (B)  THE COMMITTEE KEEPS ALL RECORDS THAT ARE REQUIRED FOR   334          

AGENCIES OF THE STATE;                                             336          

      (C)  ALL PROGRAM OPERATIONS ARE IN ACCORD WITH BOTH OF THE   338          

FOLLOWING:                                                         339          

      (1)  THE PROVISIONS OF THE MARKETING PROGRAM;                341          

      (2)  THIS CHAPTER AND PROCEDURES ESTABLISHED UNDER IT.       343          

      Sec. 1510.08.  (A)(1)  EXCEPT AS PROVIDED IN DIVISION        346          

(A)(2) OF THIS SECTION, AN OPERATING COMMITTEE MAY LEVY            347          

ASSESSMENTS ON THE PRODUCTION OF OIL AND NATURAL GAS IN THIS       348          

STATE FOR THE PURPOSES OF A MARKETING PROGRAM ESTABLISHED UNDER    349          

THIS CHAPTER.                                                                   

      (2)  AN OPERATING COMMITTEE SHALL NOT LEVY AN ASSESSMENT     351          

THAT WAS NOT APPROVED BY INDEPENDENT PRODUCERS OR THAT EXCEEDS     352          

THE AMOUNT AUTHORIZED UNDER DIVISION (B)(1) OF SECTION 1510.04 OF  354          

THE REVISED CODE.  AN OPERATING COMMITTEE SHALL NOT LEVY AN        355          

ASSESSMENT AGAINST AN INDEPENDENT PRODUCER WHO IS NOT ELIGIBLE TO  356          

VOTE IN A REFERENDUM FOR THE MARKETING PROGRAM THAT THE OPERATING  357          

COMMITTEE ADMINISTERS, AS DETERMINED UNDER DIVISION (C) OF         358          

SECTION 1510.02 OF THE REVISED CODE.                               359          

      (B)  THE TECHNICAL ADVISORY COUNCIL MAY REQUIRE A FIRST      362          

PURCHASER TO WITHHOLD ASSESSMENTS FROM ANY AMOUNTS THAT THE FIRST  363          

PURCHASER OWES TO INDEPENDENT PRODUCERS AND, NOTWITHSTANDING       364          

                                                          9      

                                                                 
DIVISION (A)(2) OF THIS SECTION, TO REMIT THEM TO THE CHAIRPERSON  366          

OF THE COUNCIL AT THE OFFICE OF THE DIVISION OF OIL AND GAS.  A    367          

FIRST PURCHASER WHO PAYS AN ASSESSMENT THAT IS LEVIED PURSUANT TO  368          

THIS SECTION FOR AN INDEPENDENT PRODUCER MAY DEDUCT THE AMOUNT OF  369          

THE ASSESSMENT FROM ANY MONEYS THAT THE FIRST PURCHASER OWES THE   370          

INDEPENDENT PRODUCER.                                              371          

      (C)  A MARKETING PROGRAM SHALL REQUIRE A REFUND OF           374          

ASSESSMENTS COLLECTED UNDER THIS SECTION AFTER RECEIVING AN        375          

APPLICATION FOR A REFUND FROM AN INDEPENDENT PRODUCER.  AN         376          

APPLICATION FOR A REFUND SHALL BE MADE ON A FORM FURNISHED BY THE  378          

COUNCIL.  THE OPERATING COMMITTEE SHALL ENSURE THAT REFUND FORMS   379          

ARE AVAILABLE WHERE ASSESSMENTS FOR ITS PROGRAM ARE WITHHELD.      380          

      AN INDEPENDENT PRODUCER WHO DESIRES A REFUND SHALL SUBMIT A  382          

REQUEST FOR A REFUND NOT LATER THAN THE THIRTY-FIRST DAY OF MARCH  383          

OF THE YEAR IN WHICH THE REQUEST IS SUBMITTED.  THE COUNCIL SHALL  384          

REFUND THE ASSESSMENT TO THE INDEPENDENT PRODUCER NOT LATER THAN   385          

THE THIRTIETH DAY OF JUNE OF THE YEAR IN WHICH THE REQUEST FOR     386          

THE REFUND IS SUBMITTED.                                                        

      (D)  AN OPERATING COMMITTEE SHALL NOT USE MONEYS FROM ANY    389          

ASSESSMENTS THAT IT LEVIES FOR ANY POLITICAL OR LEGISLATIVE        390          

PURPOSE OR FOR PREFERENTIAL TREATMENT OF ONE PERSON TO THE         391          

DETRIMENT OF ANOTHER PERSON WHO IS AFFECTED BY THE MARKETING       392          

PROGRAM THAT THE OPERATING COMMITTEE ADMINISTERS.                  393          

      Sec. 1510.09.  (A)  THERE IS HEREBY ESTABLISHED A FUND FOR   396          

ANY MARKETING PROGRAM THAT IS ESTABLISHED BY THE TECHNICAL         397          

ADVISORY COUNCIL UNDER THIS CHAPTER.  THE FUND SHALL BE IN THE     398          

CUSTODY OF THE TREASURER OF STATE, BUT SHALL NOT BE PART OF THE                 

STATE TREASURY.  EXCEPT AS AUTHORIZED IN DIVISION (B) OF THIS      400          

SECTION, ALL MONEYS COLLECTED PURSUANT TO SECTION 1510.08 OF THE   401          

REVISED CODE FOR THE MARKETING PROGRAM SHALL BE PAID INTO THE      402          

FUND FOR THE MARKETING PROGRAM AND SHALL BE DISBURSED ONLY                      

PURSUANT TO A VOUCHER SIGNED BY THE CHAIRPERSON OF THE COUNCIL     403          

FOR USE IN DEFRAYING THE COSTS OF ADMINISTRATION OF THE MARKETING  405          

PROGRAM AND FOR CARRYING OUT SECTIONS 1510.02, 1510.03, AND        406          

                                                          10     

                                                                 
1510.11 OF THE REVISED CODE.                                                    

      (B)  IN LIEU OF DEPOSITS IN THE FUND ESTABLISHED UNDER       408          

DIVISION (A) OF THIS SECTION, THE OPERATING COMMITTEE OF A         410          

MARKETING PROGRAM ESTABLISHED UNDER THIS CHAPTER MAY DEPOSIT ALL   411          

MONEYS COLLECTED PURSUANT TO SECTION 1510.08 OF THE REVISED CODE   412          

WITH A BANK OR A SAVINGS AND LOAN ASSOCIATION AS DEFINED IN        413          

SECTIONS 1101.01 AND 1151.01 OF THE REVISED CODE.  ALL MONEYS                   

COLLECTED PURSUANT TO SECTION 1510.08 OF THE REVISED CODE FOR THE  414          

MARKETING PROGRAM AND DEPOSITED PURSUANT TO THIS DIVISION ALSO     415          

SHALL BE USED ONLY IN DEFRAYING THE COSTS OF ADMINISTRATION OF     416          

THE MARKETING PROGRAM AND FOR CARRYING OUT SECTIONS 1510.02,                    

1510.03, AND 1510.11 OF THE REVISED CODE.                          417          

      (C)  AN OPERATING COMMITTEE SHALL ESTABLISH A FISCAL YEAR    420          

FOR ITS MARKETING PROGRAM, SHALL PUBLISH AN ACTIVITY AND           421          

FINANCIAL REPORT WITHIN SIXTY DAYS OF THE END OF EACH FISCAL                    

YEAR, AND SHALL MAKE THE REPORT AVAILABLE TO EACH INDEPENDENT      422          

PRODUCER WHO PAYS AN ASSESSMENT OR OTHERWISE CONTRIBUTES TO THE    423          

MARKETING PROGRAM THAT THE COMMITTEE ADMINISTERS AND TO OTHER      424          

INTERESTED PERSONS.                                                             

      (D)  IN ADDITION TO THE REPORT REQUIRED BY DIVISION (C) OF   427          

THIS SECTION, AN OPERATING COMMITTEE THAT DEPOSITS MONEYS IN                    

ACCORDANCE WITH DIVISION (B) OF THIS SECTION SHALL SUBMIT TO THE   429          

COUNCIL BOTH OF THE FOLLOWING:                                     430          

      (1)  ANNUALLY, A FINANCIAL STATEMENT PREPARED BY A           432          

CERTIFIED PUBLIC ACCOUNTANT HOLDING VALID CERTIFICATION FROM THE   433          

OHIO BOARD OF ACCOUNTANCY ISSUED PURSUANT TO CHAPTER 4701. OF THE  434          

REVISED CODE.  THE OPERATING COMMITTEE SHALL FILE THE FINANCIAL    435          

STATEMENT WITH THE COUNCIL NOT MORE THAN SIXTY DAYS AFTER THE END  437          

OF EACH FISCAL YEAR.                                                            

      (2)  MONTHLY, AN UNAUDITED FINANCIAL STATEMENT.              439          

      Sec. 1510.10.  (A)  THE TECHNICAL ADVISORY COUNCIL           441          

TEMPORARILY MAY SUSPEND THE OPERATION OF A MARKETING PROGRAM, OR   442          

ANY PART OF A PROGRAM, FOR ANY REASON UPON RECOMMENDATION BY THE   443          

OPERATING COMMITTEE OF THE PROGRAM FOR A PERIOD OF NOT MORE THAN   445          

                                                          11     

                                                                 
TWELVE CONSECUTIVE MONTHS.                                                      

      (B)  AT LEAST ONCE IN EACH FIVE YEARS OF OPERATION, OR AT    447          

ANY TIME UPON WRITTEN PETITION BY THE LESSER OF ONE HUNDRED OR     448          

TEN PER CENT OF THE INDEPENDENT PRODUCERS IN THIS STATE, THE       449          

COUNCIL SHALL HOLD A HEARING AS PRESCRIBED IN CHAPTER 119. OF THE  450          

REVISED CODE TO CONSIDER THE CONTINUATION OF THE PROGRAM.          451          

      (C)  NOT LATER THAN THIRTY DAYS AFTER THE CLOSE OF ANY       453          

HEARING TO CONSIDER THE CONTINUATION OF A MARKETING PROGRAM, THE   454          

COUNCIL SHALL RECOMMEND CONTINUATION OR TERMINATION OF THE         455          

PROGRAM, SHALL GIVE PUBLIC NOTICE, AND SHALL NOTIFY EACH           456          

INDEPENDENT PRODUCER OF RECORD, ALL PARTIES APPEARING AT THE       457          

HEARING, AND OTHER INTERESTED PARTIES OF THE RECOMMENDATION.                    

      (D)  WHEN THE COUNCIL RECOMMENDS TERMINATION OF A MARKETING  460          

PROGRAM, WITHIN FORTY-FIVE DAYS THE COUNCIL SHALL CONDUCT A                     

REFERENDUM TO DETERMINE WHETHER INDEPENDENT PRODUCERS FAVOR THE    461          

PROPOSED TERMINATION.  INDEPENDENT PRODUCERS FAVOR THE             462          

TERMINATION OF THE PROGRAM IF A MAJORITY OF THE INDEPENDENT        463          

PRODUCERS WHO VOTE IN THE REFERENDUM VOTE IN FAVOR OF TERMINATION  464          

OF THE PROGRAM.                                                                 

      Sec. 1510.11.  WHEN INDEPENDENT PRODUCERS FAVOR TERMINATION  467          

OF A MARKETING PROGRAM ESTABLISHED UNDER THIS CHAPTER, THE         468          

OPERATING COMMITTEE OF THE PROGRAM AND THE TECHNICAL ADVISORY      469          

COUNCIL SHALL TERMINATE ALL OPERATIONS OF THE PROGRAM.  UPON       470          

TERMINATION OF THE PROGRAM, THE COUNCIL SHALL RETURN ANY           471          

REMAINING UNOBLIGATED MONEYS TO THE INDEPENDENT PRODUCERS WHO      472          

PAID THE ASSESSMENTS LEVIED UNDER SECTION 1510.08 OF THE REVISED                

CODE DURING THE IMMEDIATELY PRECEDING TWELVE MONTHS AND SHALL      474          

PRORATE THE MONEYS ACCORDINGLY.                                                 

      Sec. 1510.12.  THE TECHNICAL ADVISORY COUNCIL MAY INSTITUTE  477          

AN ACTION AT LAW OR IN EQUITY THAT APPEARS NECESSARY TO ENFORCE    478          

COMPLIANCE WITH THIS CHAPTER, A PROCEDURE ESTABLISHED UNDER IT,    479          

OR A MARKETING PROGRAM ESTABLISHED UNDER IT.                                    

      Sec. 1510.13.  (A)  NO PERSON SHALL KNOWINGLY FAIL OR        481          

REFUSE TO WITHHOLD OR REMIT ANY ASSESSMENT LEVIED UNDER SECTION    482          

                                                          12     

                                                                 
1510.08 OF THE REVISED CODE.                                                    

      (B)  BEFORE CRIMINAL PROCEEDINGS ARE INSTITUTED PURSUANT TO  484          

THIS SECTION, THE TECHNICAL ADVISORY COUNCIL SHALL GIVE THE        485          

ALLEGED VIOLATOR AN OPPORTUNITY TO PRESENT THE ALLEGED VIOLATOR'S  486          

VIEWS CONCERNING WHY THE PROCEEDINGS SHOULD NOT BE INSTITUTED.     487          

      Sec. 1510.99.  WHOEVER VIOLATES SECTION 1510.13 OF THE       489          

REVISED CODE IS GUILTY OF A MISDEMEANOR OF THE FOURTH DEGREE.      490          

      Sec. 3737.91.  (A)  There is hereby created the petroleum    499          

underground storage tank financial assurance fund, which shall be  500          

in the custody of the treasurer of state, but is not a part of     501          

the state treasury.  The fund shall consist of moneys from the     502          

following sources:                                                 503          

      (1)  All fees collected under divisions (B) and (F) of this  505          

section and all supplemental fees collected under division (C) of  506          

this section;                                                      507          

      (2)  Interest earned on moneys in the fund;                  509          

      (3)  Appropriations to the fund from the general revenue     511          

fund;                                                              512          

      (4)  The proceeds of revenue bonds issued under sections     514          

3737.90 to 3737.948 of the Revised Code, provided that upon        515          

resolution of the petroleum underground storage tank release       516          

compensation board created in section 3737.90 of the Revised       517          

Code, all or part of those proceeds may be deposited into a        518          

separate account of the fund.  Chapters 131. and 135. of the       519          

Revised Code do not apply to the establishment, deposit,           520          

investment, application, and safeguard of any such account and     521          

moneys in any such account.                                        522          

      (B)  For the purposes of paying the costs of implementing    524          

and administering this section and sections 3737.90 and 3737.92    525          

of the Revised Code and rules adopted under them; payment or       526          

reimbursement of corrective action costs under section 3737.92 of  527          

the Revised Code; compensating third parties for bodily injury or  528          

property damage under that section; and payment of principal and   529          

interest on revenue bonds issued under sections 3737.90 to         530          

                                                          13     

                                                                 
3737.948 of the Revised Code to raise capital for the fund, there  531          

is hereby assessed an annual petroleum underground storage tank    532          

financial assurance fee on each tank comprising an underground     533          

storage tank or an underground storage tank system that contains   534          

or has contained petroleum and for which a responsible person is   535          

required to demonstrate financial responsibility by rules adopted  536          

by the fire marshal under division (B) of section 3737.882 of the  537          

Revised Code.  The fee assessed by this division shall be paid to  538          

the board by a responsible person for each tank that is subject    539          

to the fee.  The fee shall be paid not later than the first day    540          

of July of each year, except that in 1989 the fee shall be paid    541          

by either the first day of September or ninety days after July     542          

11, 1989, whichever is later.  The fee is in addition to any fee   543          

established by the fire marshal under section 3737.88 of the       544          

Revised Code.                                                      545          

      The amount of the annual fee due in 1989 and 1990 is one     547          

hundred fifty dollars per tank per year.  In 1991 and subsequent   548          

years the board shall establish the amount of the annual fee in    549          

accordance with this division.  Not later than the first day of    550          

April of 1991 and each subsequent year, the board, in              551          

consultation with the administrative agent of the fund with whom   552          

the board has entered into a contract under division (B)(3) of     553          

section 3737.90 of the Revised Code, if any, shall determine the   554          

amount of the annual fee to be assessed in that year and shall     555          

adopt rules in accordance with Chapter 119. of the Revised Code    556          

to establish the fee at that amount.  The fee shall be             557          

established at an amount calculated to maintain the continued      558          

financial soundness of the fund, provided that if the unobligated  559          

balance of the fund exceeds forty-five million dollars on the      560          

date that an annual determination is made, the board may assess a  561          

fee in the year to which the determination applies only to the     562          

extent required in or by, or necessary to comply with covenants    563          

or other requirements in, revenue bonds issued under sections      564          

3737.90 to 3737.948 of the Revised Code or in proceedings or       565          

                                                          14     

                                                                 
other covenants or agreements related to such bonds.  Not later    566          

than the first day of May of 1991 and each subsequent year, the    567          

board shall notify each responsible person by certified mail of    568          

the amount of the annual fee per tank due in that year.  As used   569          

in this paragraph, "proceedings" has the same meaning as in        570          

section 133.01 of the Revised Code.                                571          

      If a responsible person is both the owner and operator of a  573          

tank, he THE RESPONSIBLE PERSON shall pay any annual fee assessed  575          

under this division in compliance with this division and the       576          

rules adopted thereunder. If the owner of the tank and the         577          

operator of the tank are not the same person, any annual fee       578          

assessed under this division in compliance with this division and  579          

the rules adopted thereunder shall be paid by one of the           580          

responsible persons; however, all such responsible persons are     581          

liable for noncompliance with this division.                       582          

      (C)  As necessary to maintain the financial soundness of     584          

the fund, the board, by rules adopted in accordance with Chapter   585          

119. of the Revised Code, may at any time assess a supplemental    586          

petroleum underground storage tank financial assurance fee on      587          

tanks subject to the fee assessed under division (B) or (F) of     588          

this section in any fiscal year in which the board finds that the  589          

unobligated balance in the fund is less than fifteen million       590          

dollars.  The board, in consultation with the fund's               591          

administrative agent, if any, shall establish the amount of the    592          

supplemental fee at an amount that will ensure an unobligated      593          

balance in the fund of at least fifteen million dollars at the     594          

end of the fiscal year in which the supplemental fee is assessed.  595          

Not less than thirty days before the date on which payment of the  596          

supplemental fee is due under the board's rules, the board shall   597          

notify each responsible person by certified mail of the amount of  598          

the supplemental fee and the date on which payment of the          599          

supplemental fee to the board is due.                              600          

      If a responsible person is both the owner and operator of a  602          

tank, he THE RESPONSIBLE PERSON shall pay any supplemental fee     603          

                                                          15     

                                                                 
assessed under this division in compliance with this division and  605          

the rules adopted thereunder.  If the owner of the tank and the    606          

operator of the tank are not the same person, any supplemental     607          

fee assessed under this division in compliance with this division  608          

and the rules adopted thereunder shall be paid by one of the       609          

responsible persons; however, all such responsible persons are     610          

liable for noncompliance with this division.                       611          

      (D)(1)  The board shall issue a certificate of coverage to   613          

any responsible person who has complied with both ALL of the       614          

following:                                                         615          

      (a)  Paid the fee assessed under division (B) or (F) of      617          

this section;                                                      618          

      (b)  Demonstrated to the board financial responsibility in   620          

compliance with the rules adopted by the fire marshal under        621          

division (B) of section 3737.882 of the Revised Code for the       622          

deductible amount established under division (E) of this section   623          

or, when appropriate, the reduced deductible amount established    624          

under division (F) of this section.  If the responsible person     625          

utilizes self-insurance as a financial responsibility mechanism,   626          

he THE RESPONSIBLE PERSON shall provide the board with an          627          

affidavit in which the responsible party certifies that all        629          

documentation submitted to the board is true and accurate;         630          

      (c)  CERTIFIED TO THE BOARD THAT FOR EACH PETROLEUM          632          

UNDERGROUND STORAGE TANK SYSTEM FOR WHICH A CERTIFICATE OF         633          

COVERAGE IS SOUGHT, THE RESPONSIBLE PERSON IS IN COMPLIANCE WITH   634          

APPLICABLE RULES FOR PETROLEUM UNDERGROUND STORAGE TANK SYSTEMS    635          

THAT HAVE BEEN ADOPTED BY THE FIRE MARSHAL UNDER SECTION 3737.88   636          

OF THE REVISED CODE.                                                            

      The certificate of coverage shall state the amount of        638          

coverage to which the responsible party PERSON is entitled from    639          

the fund pursuant to division (D)(3) of this section and the time  641          

period for which the certificate provides that coverage.  An       642          

issued certificate of coverage is subject to the condition that    643          

the holder timely pay any supplemental fee assessed under          644          

                                                          16     

                                                                 
division (C) of this section during the time that the certificate  645          

is in effect.                                                      646          

      (2)  The board shall not issue a certificate of coverage to  648          

any responsible person who fails to comply with divisions          649          

(D)(1)(a) and, (b), AND (c) of this section.                       651          

      (3)  The maximum disbursement from the fund for any single   653          

release of petroleum is the difference between the deductible      654          

amount established under division (E) of this section or, when     655          

appropriate, the reduced deductible amount established under       656          

division (F) of this section and one million dollars.  The         657          

maximum disbursement from the fund during any fiscal year on       658          

behalf of any responsible person shall not exceed in the           659          

aggregate one million dollars less the deductible amount if the    660          

responsible person owns or operates not more than one hundred      661          

tanks comprising underground petroleum storage tanks or            662          

underground petroleum storage tank systems, shall not exceed in    663          

the aggregate two million dollars less the deductible amount if    664          

the responsible person owns or operates not more than two hundred  665          

such tanks, shall not exceed in the aggregate three million        666          

dollars less the deductible amount if the responsible person owns  667          

or operates not more than three hundred such tanks, and shall not  668          

exceed in the aggregate four million dollars less the deductible   669          

amount if the responsible person owns or operates more than three  670          

hundred such tanks.  The maximum disbursement from the fund for    671          

any single release or for any fiscal year under this division      672          

does not in any manner limit the liability of a responsible        673          

person for a release of petroleum.                                 674          

      (E)(1)  Except as otherwise provided in division (F) of      676          

this section, no responsible person is eligible to receive moneys  677          

from the fund under section 3737.92 of the Revised Code until he   678          

THE RESPONSIBLE PERSON demonstrates to the board financial         679          

responsibility for the first fifty thousand dollars of the cost    681          

for corrective action for, and compensating third parties for      682          

bodily injury and property damage caused by, accidental releases   683          

                                                          17     

                                                                 
of petroleum from an underground storage tank owned or operated    684          

by the responsible party.  The fifty thousand dollar amount is     685          

the deductible amount for the purposes of this section and         686          

section 3737.92 of the Revised Code.                                            

      (2)  The board, in consultation with the fund's              688          

administrative agent, if any, may, by rules adopted in accordance  689          

with Chapter 119. of the Revised Code, establish for any fiscal    690          

year a deductible amount that differs from fifty thousand          691          

dollars.  The deductible amount established by the board shall be  692          

such an amount as to maintain the financial soundness of the       693          

fund.  Any action of the board to establish a differing            694          

deductible amount or to alter a deductible amount previously       695          

established by it shall be taken concurrently with the             696          

establishment under division (B) of this section of the annual     697          

fee due on the first day of the fiscal year in which the           698          

deductible amount will apply.  If the deductible amount            699          

established under this division differs from that in effect at     700          

the time of the board's action, the board shall notify each        701          

responsible person of the change by certified mail not later than  702          

the first day of May preceding the effective date of the change.   703          

      (F)(1)  Any responsible person owning, or owning or          705          

operating, a total of six or fewer petroleum underground storage   706          

tanks may elect in calendar years 1989 and 1990 to pay twice the   707          

amount of the per tank annual fee for each tank assessed under     708          

division (B) of this section in order to reduce the amount of the  709          

deductible established in division (E) of this section to the      710          

total amount of ten thousand dollars.  The election shall be       711          

available only at the time of the payment of the annual fee and    712          

any supplemental fee.  The election shall not be retroactively     713          

applied.                                                           714          

      (2)  Any responsible person owning, or owning or operating,  716          

a total of six or fewer petroleum underground storage tanks may    717          

elect in calendar year 1991 and in each subsequent year to pay an  718          

additional fee at an amount established by the board in addition   719          

                                                          18     

                                                                 
to the per tank annual fee assessed under division (B) of this     720          

section in order to reduce the deductible amount established       721          

under division (E) of this section.  In calendar year 1991 and in  722          

each subsequent year, the board shall establish the amount of the  723          

additional fee and the reduced deductible amount.  In determining  724          

the amount of the additional fee and the reduced deductible        725          

amount, the board shall take into consideration the effect of the  726          

additional claims paid under section 3737.92 of the Revised Code   727          

to responsible persons making an election under division (F)(2)    728          

of this section and balance that consideration with such factors   729          

as the availability of liability insurance, the difficulty of      730          

proving financial responsibility pursuant to the rules adopted by  731          

the fire marshal under division (B) of section 3737.882 of the     732          

Revised Code, and the hardship created on small owners and         733          

operators of petroleum underground storage tanks by an increase    734          

in either the additional fee or the reduced deductible amount.     735          

      (3)  Any responsible person owning, or owning or operating,  737          

a total of six or fewer petroleum underground storage tanks who    738          

elects to pay the additional fee under divisions (F)(1) and (2)    739          

of this section shall pay any per tank supplemental fee assessed   740          

under division (C) of this section.                                741          

      (G)  If the director of the fund determines that a           743          

responsible person has failed to comply with division (B), (C),    744          

or (F) of this section, the director of the fund shall notify      745          

each responsible person for the petroleum underground storage      746          

tank of the noncompliance.  If, within thirty days after the       747          

notification, the responsible person fails to pay the applicable   748          

fee or any fee previously assessed upon the responsible person     749          

under this section, the director of the fund shall issue an order  750          

requiring the responsible person to pay all of the fees he THE     751          

RESPONSIBLE PERSON owes to the fund and an additional late         752          

payment fee in the amount of one thousand dollars to the fund.     754          

      If a responsible person fails to comply with any order of    756          

the director of the fund within thirty days after the issuance of  757          

                                                          19     

                                                                 
the order, the director shall notify the fire marshal of that      758          

noncompliance.  Upon the request of the director of the fund, the  759          

attorney general may bring a civil action for appropriate relief,  760          

including a temporary restraining order or preliminary or          761          

permanent injunction, in the court of common pleas of the county   762          

in which the petroleum underground storage tank that is the        763          

subject of the order is located.  The court shall issue an         764          

injunction upon a demonstration that a failure to comply with the  765          

director's order has occurred or is occurring.                     766          

      Any orders issued by the director of the fund under this     768          

division may be appealed by the responsible person under division  769          

(F) of section 3737.92 of the Revised Code.  For the purpose of    770          

an appeal of any order of the director of the fund,                771          

"determination" as used in that division includes any order of     772          

the director of the fund.  The filing of a notice of appeal under  773          

this division does not operate as a stay of any order of the       774          

director of the fund.                                              775          

      Sec. 3737.92.  (A)  The petroleum underground storage tank   784          

release compensation board created in section 3737.90 of the       785          

Revised Code shall use moneys in the petroleum underground         786          

storage tank financial assurance fund established in section       787          

3737.91 of the Revised Code exclusively for the following          788          

purposes:                                                          789          

      (1)  Payment of the expenses of administering the fund;      791          

      (2)  Payment of the administrative expenses of the board;    793          

      (3)  Payment to or reimbursement of responsible persons for  795          

the necessary cost of corrective action for and compensating       796          

third parties for bodily injury and property damage caused by      797          

accidental releases of petroleum in accordance with this section,  798          

provided that proceeds from the issuance of revenue bonds under    799          

sections 3737.90 to 3737.948 of the Revised Code may only be used  800          

for the payment to or reimbursement of responsible persons for     801          

the necessary costs of corrective action for improving property    802          

damaged by accidental releases of petroleum in accordance with     803          

                                                          20     

                                                                 
this section;                                                      804          

      (4)  Deposit into any funds provided for in a resolution or  806          

resolutions of the board in connection with any revenue bonds      807          

issued under sections 3737.90 to 3737.948 of the Revised Code;     808          

      (5)  Placement of petroleum underground storage tank linked  810          

deposits under sections 3737.95 to 3737.98 of the Revised Code.    811          

      (B)  A responsible person seeking to obtain from the fund    813          

payment of or reimbursement for corrective action costs for an     814          

accidental release of petroleum shall submit a claim to the board  815          

in accordance with and containing the information required by      816          

rules adopted by the board in accordance with Chapter 119. of the  817          

Revised Code.  Before authorizing any disbursement from the fund   818          

to pay all or any portion of a claim submitted under this          819          

division, the director of the fund shall first determine that the  820          

claim meets all of the following criteria:                         821          

      (1)  The responsible person is eligible under division (D)   823          

of this section to receive payment of or reimbursement for the     824          

corrective action costs from the fund;                             825          

      (2)  The corrective action performed or to be performed has  827          

been authorized by the fire marshal under section 3737.882 of the  828          

Revised Code and rules adopted under that section;                 829          

      (3)  The costs of performing the corrective action are       831          

necessary to comply with the rules of the fire marshal adopted     832          

under sections 3737.88 and 3737.882 of the Revised Code governing  833          

corrective actions.                                                834          

      (C)  A responsible person seeking to obtain from the fund    836          

payment of or reimbursement for compensation paid or to be paid    837          

to third parties for bodily injury or property damage caused by    838          

an accidental release of petroleum shall submit a claim to the     839          

board in accordance with and containing the information required   840          

by rules adopted by the board in accordance with Chapter 119. of   841          

the Revised Code.  Before authorizing any disbursement from the    842          

fund to pay all or any portion of a claim submitted under this     843          

division, the director of the fund shall first determine that the  844          

                                                          21     

                                                                 
claim meets both of the following criteria:                        845          

      (1)  The responsible person who submitted the claim is       847          

eligible under division (D) of this section to receive payment of  848          

or reimbursement for the third-party compensation from the fund;   849          

      (2)  There is a legally enforceable judgment against the     851          

responsible person for bodily injury or property damage to one or  852          

more third parties resulting from the release in the amount        853          

stated in the claim, or, if there is a settlement with a third     854          

party as a result of the release, the amount of the settlement     855          

stated in the claim is reasonable.                                 856          

      (D)  A responsible person is not eligible to receive         858          

payment or reimbursement from the fund under division (B) or (C)   859          

of this section unless all of the following conditions are met:    860          

      (1)  At the time that the release was first suspected or     862          

confirmed, a responsible person possessed a valid certificate of   863          

coverage issued by the board under division (D) of section         864          

3737.91 of the Revised Code for the petroleum underground storage  865          

tank system from which the release occurred;                       866          

      (2)  One of the following applies:                           868          

      (a)  The petroleum underground storage tank system from      870          

which the release occurred was registered in compliance with       871          

rules adopted by the fire marshal under section 3737.88 of the     872          

Revised Code when the occurrence of the release was first          873          

suspected or confirmed;                                            874          

      (b)  The fire marshal has recommended that payment or        876          

reimbursement be made because good cause existed for the           877          

responsible person's failure to have so registered the petroleum   878          

underground storage tank system, and the responsible person has    879          

registered the petroleum underground storage tank system with the  880          

fire marshal and paid all back registration fees payable under     881          

those rules for registration of the system from the time the       882          

responsible person should have, but failed to register the         883          

system.                                                            884          

      (3)  The fire marshal has determined that, when the claim    886          

                                                          22     

                                                                 
was filed, a responsible person was in compliance with all orders  887          

issued under sections 3737.88 and 3737.882 of the Revised Code     888          

regarding the petroleum underground storage tank system from       889          

which the release occurred;                                        890          

      (4)  A responsible person demonstrates financial             892          

responsibility for the deductible amount applicable under section  893          

3737.91 of the Revised Code for the petroleum underground storage  894          

tank system from which the release has occurred;                   895          

      (5)  The responsible person has not falsified any            897          

attestation contained on a registration application required by    898          

rules adopted under section 3737.88 of the Revised Code;           899          

      (6)  THE PETROLEUM UNDERGROUND STORAGE TANK SYSTEM FROM      901          

WHICH THE RELEASE OCCURRED WAS IN COMPLIANCE WITH RULES, OTHER     902          

THAN RULES REGARDING REGISTRATION, ADOPTED BY THE FIRE MARSHAL     903          

UNDER SECTION 3737.88 OF THE REVISED CODE WHEN THE OCCURRENCE OF   904          

THE RELEASE WAS FIRST SUSPECTED OR CONFIRMED.                                   

      (E)  The director of the fund may make a determination to    906          

approve or disapprove a claim and to authorize a disbursement      907          

from the fund for payment of an approved claim administratively    908          

without a hearing.  If the director of the fund makes a            909          

determination regarding a claim that is inconsistent with a        910          

recommendation or determination of the fire marshal for purposes   911          

of division (B)(2) or (3) or (D)(2), (3), or (5) of this section,  912          

the director shall detail those inconsistencies in a written       913          

finding of fact before authorizing any disbursement from the fund  914          

for payment of the claim.  Upon making a determination of a claim  915          

under this section, the director of the fund shall provide         916          

written notice of the determination and a copy of any written      917          

finding of fact accompanying the determination to the responsible  918          

person who submitted the claim and to the fire marshal.            919          

      (F)  If the responsible person who submitted a claim under   921          

this section or the fire marshal objects to the determination of   922          

the claim made by the director of the fund and files an objection  923          

to the determination with the board within thirty days after the   924          

                                                          23     

                                                                 
mailing of the notification of the determination and finding of    925          

fact, if any, the board shall appoint a referee to conduct an      926          

adjudication hearing on the determination.  The adjudication       927          

hearing shall be conducted in accordance with section 119.09 of    928          

the Revised Code.  For the purposes of adjudication hearings on    929          

determinations of the director of the fund, the term "agency" as   930          

used in that section includes the board.                           931          

      If any party is aggrieved by an order of the board made      933          

after the adjudication hearing on the determination, the party     934          

may appeal the order in accordance with section 119.12 of the      935          

Revised Code.  For the purposes of appeals of any such orders,     936          

the terms "fire marshal" and "building" as used in that section    937          

include the board and petroleum underground storage tank,          938          

respectively.                                                      939          

      (G)  Neither the state, the board, nor the director of the   941          

fund is liable to any responsible person to pay the cost of any    942          

corrective action or of third party compensation for a release of  943          

petroleum when the fund is depeleted of moneys because the amount  944          

of the claims made on the fund exceeds the unobligated balance in  945          

the fund.  However, upon assessing and collecting a supplemental   946          

fee under division (C) of section 3737.91 of the Revised Code,     947          

the board shall again consider the claim of a responsible person   948          

whose claim was not initially honored because of the               949          

insufficiency of unobligated balances in the fund to pay that      950          

person's claim.                                                    951          

      The inability of a responsible person to obtain money from   953          

the fund does not in any manner limit the liability of a           954          

responsible person for a release of petroleum.                     955          

      (H)  Neither the right to apply for payment or               957          

reimbursement nor the receipt of payment or reimbursement under    958          

this section limits the liability of any responsible person to     959          

the state for the payment of any corrective action or enforcement  960          

costs under sections 3737.882 and 3737.89 of the Revised Code, or  961          

to any third party for bodily injury or property damage,           962          

                                                          24     

                                                                 
resulting from a release of petroleum from an underground storage  963          

tank system owned or operated by the responsible person.  Neither  964          

the right to apply for payment or reimbursement under this         965          

section nor any delay by the board or director of the fund in      966          

acting upon any claim for any such payment or reimbursement        967          

limits or postpones the duty of any responsible person to comply   968          

with any order of the fire marshal issued under section 3737.88    969          

or 3737.882 of the Revised Code.                                   970          

      (I)  The board, upon payment to or reimbursement of a        972          

responsible person from the fund for corrective action costs or    973          

the cost of compensation to third parties for bodily injury or     974          

property damage, is entitled by subrogation to all rights of the   975          

responsible person to recover those costs from any other person.   976          

The attorney general, upon the request of the board, may bring a   977          

civil action to recover those costs in the court of common pleas   978          

of the county in which the release of petroleum occurred.          979          

      (J)  Nothing in this section limits the right of the         981          

federal government to recover from the responsible person any      982          

federal money expended for any corrective or enforcement action    983          

as a result of a release of petroleum.                             984          

      (K)  If the responsible person described in division (D) of  987          

this section is a state agency, any payments or reimbursements                  

received by the state agency under this section shall be           988          

deposited into the fund from which the expenditures for the        989          

corrective action or third party compensation originally were      990          

made.                                                                           

      Section 2.  That existing sections 1509.38, 3737.91, and     992          

3737.92 of the Revised Code are hereby repealed.                   994