As Reported by the Senate Ways and Means Committee 1
123rd General Assembly 4
Regular Session Am. H. B. No. 384 5
1999-2000 6
REPRESENTATIVE HOUSEHOLDER-HAINES-WILLAMOWSKI-BUCHY-HARRIS-OGG- 8
SULZER-CORE-CAREY-PADGETT-TIBERI-MEAD-TRAKAS-JONES-CATES-CALLENDER- 9
HOLLISTER-SENATORS BLESSING-JOHNSON-DRAKE-MUMPER-McLIN 10
_________________________________________________________________ 12
A B I L L
To amend sections 1509.08, 1513.13, 1561.10, 14
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 15
6111.044, to amend section 4909.15 as amended by 16
Am. Sub. S.B. 3 of the 123rd General Assembly to
enact new section 5733.39 and sections 1561.351, 17
1561.53, 1561.54, and 1561.55, and to repeal 18
sections 1561.41, 1561.42, 1561.43, 1561.44, 19
1565.17, 1565.18, 1565.19, 1565.20, 1565.21,
1565.22, 1565.23, 1567.28, 1567.29, 1567.37, 20
1567.56, 1567.64, and 5733.39 of the Revised Code
to revise qualifications for membership on the 23
Mine Examining Board, to add two members to the
Board, to clarify provisions governing appeals 25
involving the board, to revise qualifications for
first aid providers who must be on duty at 26
surface coal mines, to require all surface coal 27
miners to receive first aid training, to make 28
other changes governing mine safety and 29
operation, including the elimination of certain
provisions involving weighing and measuring and 30
explosions at coal mines, to increase the Ohio 31
coal tax credit for electric companies burning
Ohio coal from $1 per ton to $3 per ton, to 32
eliminate certain restrictions on companies
claiming the credit, to allow those companies to 33
retain the credit rather than pass it through to 34
2
consumers, and to terminate the credit for Ohio
coal burned after 2004. 35
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 1509.08, 1513.13, 1561.10, 39
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 6111.044 be 40
amended, section 4909.15 as amended by Am. Sub. S.B. 3 of the 41
123rd General Assembly be amended, and new section 5733.39 and 42
sections 1561.351, 1561.53, 1561.54, and 1561.55 of the Revised 43
Code be enacted to read as follows: 44
Sec. 1509.08. Upon receipt of an application for a permit 53
required by section 1509.05 of the Revised Code, or upon receipt 54
of an application for a permit to plug and abandon under section 55
1509.13 of the Revised Code, the chief of the division of oil and 56
gas shall determine whether the well is or is to be located in a 57
coal bearing township. 58
Whether or not the well is or is to be located in a coal 60
bearing township, the chief, by order, may refuse to issue a 61
permit required by section 1509.05 of the Revised Code to any 62
applicant who at the time of applying for the permit is in 63
material or substantial violation of this chapter or rules 64
adopted or orders issued thereunder UNDER IT. The chief shall 65
refuse to issue a permit to any applicant who at the time of 67
applying for the permit has been found liable by a final 68
nonappealable order of a court of competent jurisdiction for 69
damage to streets, roads, highways, bridges, culverts, or 70
drainways pursuant to section 4513.34 or 5577.12 of the Revised 71
Code until the applicant provides the chief with evidence of 72
compliance with the order. No applicant shall attempt to 73
circumvent this provision by applying for a permit under a 74
different name or business organization name, by transferring 75
responsibility to another person or entity, by abandoning the 76
well or lease, or by any other similar act. 77
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If the well is not or is not to be located in a coal 79
bearing township, or if it is to be located in a coal bearing 80
township, but the landowner submits an affidavit that he owns 81
ATTESTING TO OWNERSHIP OF the property in fee simple, including 82
the coal, and has no objection to the well, the chief shall issue 83
the permit.
If the application to drill, reopen, or convert concerns a 85
well which THAT is or is to be located in a coal bearing 86
township, the chief of the division of oil and gas shall transmit 87
to the chief of the division of mines and reclamation two copies 88
of the application and three copies of the map required in 89
section 1509.06 of the Revised Code;, except that, when the 90
affidavit with the waiver of objection described in the preceding 91
paragraph is submitted, the chief of the division of oil and gas 92
shall not transmit such THE copies. 93
The chief of the division of mines and reclamation shall 95
immediately SHALL notify the owner or lessee of any affected mine 96
that the application has been filed and send to the owner or 98
lessee two copies of the map accompanying the application setting 99
forth the location of the well. 100
If the owner or lessee objects to the location of the well 102
or objects to any location within fifty feet of the original 103
location as a possible site for relocation of the well, he THE 104
OWNER OR LESSEE shall notify the chief of the division of mines 105
and reclamation of the objection, giving the reasons therefor FOR 106
THE OBJECTION and, if applicable, indicating on a copy of the map 107
the particular location or locations within fifty feet of the 109
original location to which he THE OWNER OR LESSEE objects as a 110
site for possible relocation of the well, within six days after
the receipt of the notice. If the chief of the division of mines 111
and reclamation receives no objections from the owner or lessee 112
of the mine within ten days after the receipt of the notice by 113
the owner or lessee, or if in the opinion of the chief of the 114
division of mines and reclamation the objections offered by the 115
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owner or lessee are not sufficiently well founded, he shall THE 116
CHIEF immediately SHALL notify the owner or lessee of his THOSE 117
findings. The owner or lessee may appeal the decision of the 118
chief of the division of mines and reclamation to the mine 119
examining board created under section 1561.10 of the Revised 120
Code. The appeal shall be filed within fifteen days from the 121
date on which the owner or lessee receives the notice. If the 122
appeal is not filed within that time, the chief of the division 123
of mines and reclamation shall immediately SHALL approve the 124
application, retain a copy of the application and map, and return 126
a copy of the application to the chief of the division of oil and 127
gas with his THE approval noted thereon ON IT. Thereupon the THE 129
chief of the division of oil and gas THEN shall issue the permit 130
if the provisions of this chapter pertaining to the issuance of 132
such a permit have been complied with. 133
If the chief of the division of mines and reclamation 135
receives an objection from the owner or lessee of the mine as to 136
the location of the well within ten days after receipt of the 137
notice by the owner or lessee, and if in the opinion of the chief 138
the objection is well founded, he THE CHIEF shall disapprove the 139
application and immediately return it to the chief of the 141
division of oil and gas together with his THE reasons for 142
disapproval and a suggestion for a new location for the well, 143
provided that the suggested new location shall not be a location 144
within fifty feet of the original location to which the owner or 145
lessee has objected as a site for possible relocation of the well 146
if the chief has determined that the objection is well founded. 147
The chief of the division of oil and gas shall immediately SHALL 148
notify the applicant for the permit of the disapproval and any 150
suggestion made by the chief of the division of mines and 151
reclamation as to a new location for the well. The applicant may 152
withdraw his THE application or amend his THE application to 154
drill the well at the location suggested by the chief of the
division of mines and reclamation, or he THE APPLICANT may appeal 156
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the disapproval of the application by the chief of the division 157
of mines and reclamation to the mine examining board created 158
under section 1561.10 of the Revised Code. 159
If the chief of the division of mines and reclamation 161
receives no objection from the owner or lessee of a mine as to 162
the location of the well, but does receive an objection from the 163
owner or lessee as to one or more locations within fifty feet of 164
the original location as possible sites for relocation of the 165
well within ten days after receipt of the notice by the owner or 166
lessee, and if in the opinion of the chief the objection is well 167
founded, he shall THE CHIEF nevertheless SHALL approve the 168
application and shall immediately return it IMMEDIATELY to the 169
chief of the division of oil and gas together with his THE 171
reasons for disapproving any of the locations to which the owner 172
or lessee objects as possible sites for relocation of the well. 173
Thereupon the THE chief of the division of oil and gas THEN shall 174
issue a permit, if the provisions of this chapter pertaining to 175
the issuance of such a permit have been complied with, 176
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location 177
within fifty feet of the original location that has been 178
disapproved by the chief of the division of mines and 179
reclamation. The applicant may appeal to the mine examining 180
board the terms and conditions of the permit prohibiting the 181
commencement of drilling at any such location disapproved by the 182
chief of the division of mines and reclamation. 183
Any such appeal shall be filed within fifteen days from the 185
date the applicant receives notice of the disapproval of his THE 186
application, any other location within fifty feet of the original 187
location, or terms or conditions of the permit, or the owner or 188
lessee receives notice of the chief's decision. No approval or 189
disapproval of an application shall be delayed by the chief of 190
the division of mines and reclamation for more than fifteen days 191
from the date of sending the notice of the application to the 192
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mine owner or lessee as required by this section. 193
All appeals provided for in this section shall be treated 195
as expedited appeals. The mine examining board shall hear any 196
such appeal IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 197
CODE and render a decision within thirty days of the filing of 198
the appeal.
The chief of the division of oil and gas shall not issue a 200
permit to drill a new well or reopen a well which THAT is or is 201
to be located within three hundred feet of any opening of any 202
mine used as a means of ingress, egress, or ventilation for 203
persons employed therein IN THE MINE, nor within one hundred feet 204
of any building or inflammable structure connected therewith WITH 206
THE MINE and actually used as a part of the operating equipment 207
of the mine, unless the chief of the division of mines and 209
reclamation determines that life or property will not be 210
endangered by drilling and operating the well in that location. 211
The chief of the division of mines and reclamation may 213
suspend the drilling or reopening of a well in a coal bearing 214
township if he determines AFTER DETERMINING that the drilling or 215
reopening activities present an imminent and substantial threat 216
to public health or safety or to miners' health or safety and he 217
has HAVING been unable to contact the chief of the division of 219
oil and gas to request an order of suspension under section 220
1509.06 of the Revised Code. Before issuing a suspension order 221
for this purpose, the chief of the division of mines and 222
reclamation shall notify the owner in such A manner as THAT in 223
the chief's judgment would provide reasonable notification that 224
he THE CHIEF intends to issue a suspension order. The chief may 225
issue such an order without prior notification if reasonable 226
attempts to notify the owner have failed, but in that event 227
notification shall be given as soon thereafter as practical. 228
Within five calendar days after the issuance of the order, the 229
chief shall provide the owner an opportunity to be heard and to 230
present evidence that the activities do not present an imminent 231
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and substantial threat to public health or safety or to miners' 232
health or safety. If, after considering the evidence presented 233
by the owner, the chief determines that the activities do not 234
present such a threat, he THE CHIEF shall revoke the suspension 235
order. An owner may appeal a suspension order issued by the 236
chief of the division of mines and reclamation under this section 237
to the mine examining board or may appeal the order directly to
the court of common pleas of the county in which the well is 238
located.
Sec. 1513.13. (A)(1) A PERSON HAVING AN INTEREST THAT IS 247
OR MAY BE ADVERSELY AFFECTED BY A FINDING OR DETERMINATION OF THE 249
CHIEF OF THE DIVISION OF MINES AND RECLAMATION MADE UNDER SECTION 250
1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED 253
CODE OR AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 254
OF THE REVISED CODE MAY APPEAL TO THE MINE EXAMINING BOARD IN 257
ACCORDANCE WITH THOSE SECTIONS. Any OTHER person having an 259
interest that is or may be adversely affected by a notice of 260
violation, order, or decision of the chief of the division of 261
mines and reclamation, except OTHER THAN a show cause order or an 263
order that adopts a rule, or by any modification, vacation, or 264
termination of such a notice, order, or decision, may appeal by 265
filing a notice of appeal with the reclamation commission for 266
review of the notice, order, or decision within thirty days after 268
the notice, order, or decision is served upon the person or 269
within thirty days after its modification, vacation, or 270
termination and by filing a copy of the notice of appeal with the 271
chief within three days after filing the notice of appeal with 272
the commission. The notice of appeal shall contain a copy of the 274
notice of violation, order, or decision complained of and the 275
grounds upon which the appeal is based. The commission has 276
exclusive original jurisdiction to hear and decide such appeals. 278
The filing of a notice of appeal under this division (A)(1) OF 279
THIS SECTION does not operate as a stay of any order, notice of 280
violation, or decision of the chief. 281
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(2) The permittee, the chief, and other interested persons 283
shall be given written notice of the time and place of the 284
hearing at least five days prior thereto. The hearing shall be 285
of record. 286
(3) Any person authorized under this section to appeal to 288
the commission may request an informal review by the chief or the 290
chief's designee by filing a written request with the chief 291
within thirty days after a notice, order, decision, modification, 292
vacation, or termination is served upon the person. Filing of 293
the written request shall toll the time for appeal before the 294
commission, but shall not operate as a stay of any order, notice 296
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 297
commission under this section. 298
(B) The commission shall affirm the notice of violation, 300
order, or decision of the chief unless the commission determines 302
that it is arbitrary, capricious, or otherwise inconsistent with 303
law; in that case the commission may modify the notice of 304
violation, order, or decision or vacate it and remand it to the 306
chief for such further proceedings as THAT the commission may 307
direct. 308
The commission shall conduct hearings and render decisions 310
in a timely fashion, except that ALL OF THE FOLLOWING APPLY: 311
(1) When the appeal concerns an order for the cessation of 313
coal mining and reclamation operations issued pursuant to 314
division (D)(1) or (2) of section 1513.02 of the Revised Code, 315
the commission shall issue its written decision within thirty 317
days after the receipt of the appeal unless temporary relief has 318
been granted by the chairperson pursuant to division (C) of this 320
section;
(2) When the appeal concerns an application for a permit 322
under division (I) of section 1513.07 of the Revised Code, the 323
commission shall hold a hearing within thirty days after receipt 325
of the notice of appeal and issue its decision within thirty days 326
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after the hearing; 327
(3) When the appeal concerns a decision of the chief 329
regarding release of bond under division (F) of section 1513.16 330
of the Revised Code, the commission shall hold a hearing within 332
thirty days after receipt of the notice of appeal and issue its 333
decision within sixty days after the hearing. 334
(C) The chairperson of the commission, under conditions 337
the chairperson prescribes, may grant temporary relief the 339
chairperson considers appropriate pending final determination of 340
an appeal if all of the following conditions are met: 341
(1) All parties to the appeal have been notified and given 343
an opportunity for a hearing to be held in the locality of the 344
subject site on the request for temporary relief and the 345
opportunity to be heard on the request; 346
(2) The person requesting relief shows that there is a 348
substantial likelihood that the person will prevail on the 349
merits; 350
(3) The relief will not adversely affect public health or 352
safety or cause significant imminent environmental harm to land, 353
air, or water resources. 354
The chairperson shall issue a decision expeditiously, 356
except that when the applicant requests relief from an order for 357
the cessation of coal mining and reclamation operations issued 358
pursuant to division (D)(1) or (2) of section 1513.02 of the 359
Revised Code, the decision shall be issued within five days after 360
its receipt. 361
Any party to an appeal filed with the commission who is 363
aggrieved or adversely affected by a decision of the chairperson 365
to grant or deny temporary relief under this section may appeal 366
that decision to the commission. The commission may confine its 368
review to the record developed at the hearing before the 369
chairperson.
The appeal shall be filed with the commission within thirty 372
days after the chairperson issues the decision on the request for 374
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temporary relief. The commission shall issue a decision as 376
expeditiously as possible, except that when the appellant 377
requests relief from an order for the cessation of coal mining 378
and reclamation operations issued pursuant to division (D)(1) or 379
(2) of section 1513.02 of the Revised Code, the decision of the 380
commission shall be issued within five days after receipt of the 382
notice of appeal.
The commission shall affirm the decision of the chairperson 385
granting or denying temporary relief unless it determines that 386
the decision is arbitrary, capricious, or otherwise inconsistent 387
with law. 388
(D) Following the issuance of an order to show cause as to 390
why a permit should not be suspended or revoked pursuant to 391
division (D)(3) of section 1513.02 of the Revised Code, the chief 392
or a representative of the chief shall hold a public adjudicatory 394
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 395
Within sixty days following the public hearing, the chief 397
shall issue and furnish to the permittee and all other parties to 398
the hearing a written decision, and the reasons therefor, 399
concerning suspension or revocation of the permit. If the chief 400
revokes the permit, the permittee immediately shall cease coal 401
mining operations on the permit area and shall complete 402
reclamation within a period specified by the chief, or the chief 403
shall declare as forfeited the performance bonds for the 404
operation. 405
(E)(1) Whenever an enforcement order or permit decision is 407
appealed under this section or any action is filed under division 408
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 409
request of a prevailing party, a sum equal to the aggregate 411
amount of all costs and expenses, including attorney's fees, as 412
determined to have been necessary and reasonably incurred by the 413
prevailing party for or in connection with participation in the 414
enforcement proceedings before the commission, the court under 415
11
section 1513.15 of the Revised Code, or the chief under section 417
1513.39 of the Revised Code, may be awarded, as considered 418
proper, in accordance with divisions (E)(1)(a) to (c) of this 419
section. In no event shall attorney's fees awarded under this 420
section exceed, for the kind and quality of services, the 421
prevailing market rates at the time the services were furnished 422
under division (A) of this section. A party may be entitled to 423
costs and expenses related solely to the preparation, defense, 424
and appeal of a petition for costs and expenses, provided the 425
costs and expenses are limited and proportionate to costs and 426
expenses otherwise allowed under division (E) of this section. 427
(a) A party, other than the permittee or the division of 429
mines and reclamation, shall file a petition, if any, for an 430
award of costs and expenses, including attorney's fees, with the 432
chief, who shall review the petition. If the chief finds that 433
the party, other than the permittee or the division of mines and 434
reclamation, prevailed in whole or in part, made a substantial 436
contribution to a full and fair determination of the issues, and 437
made a contribution separate and distinct from the contribution 438
made by any other party, the chief may award to that party the 439
party's costs and expenses, including attorney's fees that were 440
necessary and reasonably incurred by the party for, or in 441
connection with, participation in the proceeding before the 442
commission.
(b) If a permittee who made a request under this division 444
(E)(1) OF THIS SECTION demonstrates that a party other than a 445
permittee who initiated an appeal under this section or 447
participated in such an appeal initiated or participated in the 448
appeal in bad faith and for the purpose of harassing or 449
embarrassing the permittee, the permittee may file a petition 450
with the chief. The chief may award to the permittee the costs 451
and expenses reasonably incurred by the permittee in connection 452
with participation in the appeal and assess those costs and 453
expenses against the party who initiated the appeal.
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(c) The division of mines and reclamation may file, with 455
the commission, a request for an award to the division of the 456
costs and expenses reasonably incurred by the division in 458
connection with an appeal initiated under this section. The 459
commission may assess those costs and expenses against the party 461
who initiated the appeal if the division demonstrates that the 462
party initiated or participated in the appeal in bad faith and 463
for the purpose of harassing or embarrassing the division. 464
(2) Whenever an order issued under this section or as a 466
result of any administrative proceeding under this chapter is the 467
subject of judicial review, at the request of any party, a sum 468
equal to the aggregate amount of all costs and expenses, 469
including attorney ATTORNEY'S fees, as determined by the court to 471
have been necessary and reasonably incurred by the party for or 472
in connection with participation in the proceedings, may be 473
awarded to either party, in accordance with division (E)(1) of 474
this section, as the court, on the basis of judicial review, 475
considers proper.
Sec. 1561.10. (A) There is hereby created in the division 484
of mines and reclamation a " THE mine examining board" consisting 486
of three FIVE members to be appointed by the governor with the 487
advice and consent of the senate. Terms of office shall be for 488
three years, commencing on the eleventh day of September, and 489
ending on the tenth day of September. Each member shall hold 490
office from the date of his appointment until the end of the term 491
for which he THE MEMBER was appointed. Vacancies shall be filled 493
by appointment by the governor. Any member appointed to fill a 494
vacancy occurring prior to the expiration of the term for which 495
his THE MEMBER'S predecessor was appointed shall hold office for 497
the remainder of such THAT term. Any member shall continue in 499
office subsequent to the expiration date of his THE MEMBER'S term 500
until his THE MEMBER'S successor takes office, or until a period 501
of sixty days has elapsed, whichever occurs first. The governor 502
may remove any member of the board for misconduct, incompetency, 503
13
neglect of duty, or for any other sufficient cause. 504
Not more than one ONE of the appointees to such THE board 507
shall be a person who, because of his previous vocation, 508
employment, or affiliation, can be classed as a representative of 509
the owner, operator, or lessee of a COAL mine, and not more than 510
one. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR SHALL REQUEST 513
THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT REPRESENTS OWNERS, 514
OPERATORS, OR LESSEES OF COAL MINES TO SUBMIT TO THE GOVERNOR THE 515
NAMES AND QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL 516
APPOINT ONE OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE 517
PROVIDED IN THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN 518
FIVE YEARS OF PRACTICAL EXPERIENCE IN THE COAL MINING INDUSTRY IN 519
POSITIONS IN WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF 520
MINE HEALTH AND SAFETY. THE MAJOR TRADE ASSOCIATION SHALL 521
REPRESENT A MEMBERSHIP THAT PRODUCED A LARGER QUANTITY OF COAL 522
MINED IN THIS STATE THAN THE MEMBERSHIP OF ANY OTHER TRADE 523
ASSOCIATION IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 524
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 526
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 527
A REPRESENTATIVE OF THE OWNER, OPERATOR, OR LESSEE OF AN 528
AGGREGATES MINE. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 529
SHALL REQUEST THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT 530
REPRESENTS OWNERS, OPERATORS, OR LESSEES OF AGGREGATES MINES TO 531
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 532
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 533
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 534
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 535
EXPERIENCE IN THE AGGREGATES MINING INDUSTRY IN POSITIONS IN 536
WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF MINE HEALTH AND 537
SAFETY. THE MAJOR TRADE ASSOCIATION SHALL REPRESENT A MEMBERSHIP 538
THAT PRODUCED A LARGER QUANTITY OF AGGREGATES MINED IN THIS STATE 539
THAN THE MEMBERSHIP OF ANY OTHER TRADE ASSOCIATION IN THE YEAR 540
PRIOR TO THE YEAR IN WHICH THE APPOINTMENT IS MADE. 541
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ONE of such THE appointees shall be a person who, because 544
of his previous vocation, employment, or affiliation, can be 545
classed as a representative of employees presently CURRENTLY 546
engaged in COAL mining operations. Not PRIOR TO MAKING THE 548
APPOINTMENT, THE GOVERNOR SHALL REQUEST THE HIGHEST RANKING 549
OFFICER IN THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL 550
MINERS IN THIS STATE TO SUBMIT TO THE GOVERNOR THE NAMES AND 551
QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL APPOINT ONE 552
OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE PROVIDED IN 553
THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS 555
OF PRACTICAL EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY 556
ISSUES AND AT THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN 557
POSITIONS THAT INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF 558
MINERS. THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL MINERS 559
SHALL REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 560
COAL MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 561
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 562
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 564
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 565
A REPRESENTATIVE OF EMPLOYEES CURRENTLY ENGAGED IN AGGREGATES 566
MINING OPERATIONS. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 567
SHALL REQUEST THE HIGHEST RANKING OFFICER IN THE MAJOR EMPLOYEE 568
ORGANIZATION REPRESENTING AGGREGATES MINERS IN THIS STATE TO
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 569
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 570
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 571
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 573
EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY ISSUES AND AT 574
THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN POSITONS THAT 575
INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF MINERS. THE
MAJOR EMPLOYEE ORGANIZATION REPRESENTING AGGREGATES MINERS SHALL 576
REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 577
AGGREGATES MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 578
15
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 579
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO CAN BE CLASSED 582
AS A REPRESENTATIVE OF THE PUBLIC. EXCEPT AS OTHERWISE PROVIDED 583
IN THIS DIVISION, THE APPOINTEE SHALL HAVE NOT LESS THAN FIVE 584
YEARS OF TECHNICAL, PRACTICAL EXPERIENCE IN EITHER THE FIELD OF 585
MINE HEALTH AND SAFETY OR OCCUPATIONAL HEALTH AND SAFETY, OR 586
BOTH. FOR A PERIOD OF THREE YEARS PRIOR TO THE APPOINTMENT, THE 587
APPOINTEE SHALL NOT HAVE BEEN EMPLOYED IN THE MINING INDUSTRY. 588
AN APPOINTEE WHO HAS RECEIVED A BACHELOR'S DEGREE IN MINING 591
ENGINEERING OR TECHNOLOGY NEED NOT HAVE AT LEAST FIVE YEARS OF 592
PRACTICAL EXPERIENCE AS OTHERWISE PROVIDED IN THIS DIVISION, BUT 593
SHALL HAVE A TOTAL OF NOT LESS THAN THREE YEARS OF PRACTICAL 594
EXPERIENCE IN THE MINING INDUSTRY IN A POSITION THAT PROVIDED THE 596
PERSON WITH PRACTICAL KNOWLEDGE OF MINE HEALTH AND SAFETY.
NOT more than two THREE of the members of said THE board 599
shall belong to the same political party. The chief of the 600
division of mines and reclamation or the chief's designee shall 602
be ex officio secretary to the board. 603
(B) The board shall have full power TO DO BOTH OF THE 605
FOLLOWING: 606
(A) To adopt (1) ADOPT and enforce reasonable rules 608
relative to the exercise of its powers and proper rules to govern 610
its proceedings and to regulate the manner of appeals; 611
(B) To employ (2) EMPLOY experts, advisors, and 613
secretarial, clerical, stenographic, and other employees. 614
(C) Each member of the board shall receive a salary fixed 616
pursuant to division (J) of section 124.15 of the Revised Code 617
when actually performing the OFFICIAL duties of his office, and, 619
in addition thereto TO A SALARY, he EACH MEMBER shall be 620
reimbursed for all actual and necessary travel and incidental 622
expenses incurred in carrying out the OFFICIAL duties of his 623
office.
(D) The board shall elect from its members a chairman 625
16
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. A quorum of the 627
board shall consist of not less than two THREE members, and no 628
action at any meeting shall be taken unless at least two THREE 631
votes are in accord. The secretary of the board shall keep a 633
true and complete record of all the proceedings of the board. 634
With the approval of the board, the secretary may employ clerical 635
assistants. The board shall adopt all necessary rules, 636
regulations, and bylaws to govern its times and places of 637
meetings, for organization and reorganization, for holding all 638
examinations, and for governing all other matters requisite to 639
the exercise of its powers, the performance of its duties, and 640
the transaction of its business under this chapter and Chapters 641
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 642
(E) EACH MEMBER OF THE BOARD SHALL COMPLETE THE ANNUAL 645
REFRESHER TRAINING REQUIRED FOR MINERS UNDER 30 C.F.R. 48.8 647
(1997). IN ADDITION TO THE ANNUAL REFRESHER TRAINING, EACH
MEMBER SHALL COMPLETE TWENTY-FOUR HOURS OF CONTINUING EDUCATION 648
DURING EACH MEMBER'S THREE-YEAR TERM OF OFFICE ON THE TOPICS OF 649
MINING TECHNOLOGY AND LAWS GOVERNING MINING HEALTH AND SAFETY. 651
Sec. 1561.35. If the deputy mine inspector finds that any 660
matter, thing, or practice connected with any mine and not 661
prohibited specifically by law, is dangerous or hazardous, or 662
that from a rigid enforcement of this chapter and Chapters 1509., 663
1563., 1565., and 1567. of the Revised Code, such THE matter, 664
thing, or practice would become dangerous and hazardous so as to 666
tend to the bodily injury of any person, such THE deputy mine 667
inspector shall forthwith SHALL give notice in writing to the 668
owner, lessee, or agent of the mine, of the particulars in which 670
he THE DEPUTY MINE INSPECTOR considers such THE mine or any 672
matter, thing, or practice connected therewith is dangerous or 673
hazardous and recommend such changes as THAT the conditions 674
require, and shall forthwith SHALL mail a copy of such THE report 675
and his THE DEPUTY MINE INSPECTOR'S recommendations to the chief 677
17
of the division of mines and reclamation. Upon receipt of such 678
THE report and recommendations, the chief shall forthwith SHALL 681
make a finding thereon and mail a copy to the owner, operator, 683
lessee, or agent of such THE mine, and to the deputy mine 685
inspector; a copy of such THE finding of the chief shall be 686
posted upon the bulletin board of the mine. Where the miners
have a mine safety committee, one additional copy shall be posted 687
on said THE bulletin board for the use and possession of the 688
committee. 689
The owner, operator, lessee, or agent of such THE mine, or 691
the authorized representative of the workers of such THE mine, 692
may within ten days MAY appeal to the mine examining board for a 693
review and redetermination of the finding of the chief in such 695
THE matter IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 696
CODE. A copy of the findings DECISION of the board shall be 697
mailed as required by this section for the mailing of the finding 699
by the chief on the deputy mine inspector's report. 700
Sec. 1561.351. A DEPUTY MINE INSPECTOR WHO MAKES A FINDING 702
CONCERNING A VIOLATION OF THIS CHAPTER OR CHAPTER 1563., 1565., 704
OR 1567. OR SECTION 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 705
1509.17, OR 1509.18 OF THE REVISED CODE THAT INVOLVES MINING 707
SAFETY SHALL NOTIFY THE CHIEF OF THE DIVISION OF MINES AND 708
RECLAMATION OF THE FINDING. THE CHIEF SHALL REVIEW THE 709
INSPECTOR'S FINDING, MAKE A WRITTEN DETERMINATION REGARDING IT, 710
AND PROVIDE A COPY OF THE WRITTEN DETERMINATION TO THE OWNER, 711
OPERATOR, LESSEE, OR AGENT OF THE MINE INVOLVED. THE CHIEF SHALL 712
PROVIDE A COPY OF THE WRITTEN DETERMINATION TO ANY OTHER 713
INTERESTED PARTY UPON REQUEST.
A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT OF 716
THE MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF THE 717
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 718
THE CHIEF'S DETERMINATION MAY APPEAL THE DETERMINATION, NOT LATER 719
THAN TEN DAYS AFTER RECEIVING NOTICE OF THE DETERMINATION, TO THE 720
MINE EXAMINING BOARD BY FILING A COPY OF THE CHIEF'S WRITTEN 721
18
DETERMINATION WITH THE BOARD. THE BOARD SHALL HEAR THE APPEAL IN 722
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. 723
Sec. 1561.51. When written charges of neglect of duty, 733
incompetency, or malfeasance in office against the deputy mine 734
inspector are filed with the chief of the division of mines and 735
reclamation, signed by not less than fifteen employees, or 736
otherwise as provided in section 1561.50 of the Revised Code, or 738
the owner, lessee, or agent of a mine, and the signers of such 739
THE charges are dissatisfied with the result of the investigation 740
made by the chief, they may appeal to the mine examining board by 742
filing the same charges against such THE deputy mine inspector 744
and a copy of the report of the investigation made by the chief
in the matter with the board, and the board shall make an 745
investigation of such charges, or may hold an open hearing 746
thereon HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 747
REVISED CODE. The board shall mail a written report COPY of the 748
result of such investigation or hearing, addressed ITS DECISION 749
to the complainant whose name appears first in the charges. 750
Sec. 1561.53. (A) AS USED IN THIS SECTION, "DECISION OF 753
THE CHIEF" INCLUDES A DECISION, DISAPPROVAL OF AN APPLICATION TO 754
DRILL A WELL, TERMS AND CONDITIONS OF A PERMIT, OR A SUSPENSION 755
ORDER ISSUED BY THE CHIEF OF THE DIVISION OF MINES AND 756
RECLAMATION UNDER SECTION 1509.08 OF THE REVISED CODE; A FINDING
OF THE CHIEF MADE UNDER SECTION 1561.35 OR 1563.13 OF THE REVISED 757
CODE; A DETERMINATION MADE BY THE CHIEF UNDER SECTION 1561.351 OF 758
THE REVISED CODE; A REPORT OF AN INVESTIGATION MADE BY THE CHIEF 759
UNDER SECTION 1561.51 OF THE REVISED CODE; OR DISAPPROVAL OF AN 760
APPLICATION FOR A PERMIT, RENEWAL PERMIT, OR MODIFICATION ISSUED
UNDER SECTION 6111.044 OF THE REVISED CODE. 761
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 764
THIS SECTION, THE MINE EXAMINING BOARD HAS EXCLUSIVE ORIGINAL 765
JURISDICTION TO HEAR AND DECIDE APPEALS MADE TO THE BOARD UNDER 766
SECTIONS 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, AND 767
6111.044 OF THE REVISED CODE. AN APPEAL MADE UNDER THOSE 768
19
SECTIONS DOES NOT OPERATE AS A STAY OF ANY DECISION OF THE CHIEF. 769
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 771
CONTRARY, FROM THE EFFECTIVE DATE OF THIS SECTION UNTIL THE DATE 772
ON WHICH ALL MEMBERS OF THE MINE EXAMINING BOARD HAVE BEEN 773
APPOINTED IN ACCORDANCE WITH THE QUALIFICATIONS ESTABLISHED IN 774
SECTION 1561.10 OF THE REVISED CODE, AS AMENDED, BOTH OF THE 777
FOLLOWING APPLY:
(a) A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT 780
OF A MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF A 781
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 782
A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND SAFETY MAY 783
APPEAL IT, NOT LATER THAN TEN DAYS AFTER RECEIVING NOTICE OF THE 784
DECISION, TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH 785
SECTION 1513.13 OF THE REVISED CODE BY FILING A COPY OF THE 787
CHIEF'S WRITTEN DECISION WITH THE COMMISSION. 788
(b) AN OWNER, OPERATOR, LESSEE, OR AGENT OF A MINE WHO 791
APPEALS A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND 792
SAFETY TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH DIVISION 793
(B)(2)(a) OF THIS SECTION, UPON FILING THE APPEAL, SHALL PROVIDE 795
WRITTEN NOTIFICATION OF THE APPEAL TO THE AUTHORIZED 796
REPRESENTATIVE OF THE AFFECTED WORKERS OF THE MINE INVOLVED. THE 798
AUTHORIZED REPRESENTATIVE OF THE MINE WORKERS MAY INTERVENE AND 799
PARTICIPATE AS A PARTY TO THE APPEAL BY FILING A WRITTEN NOTICE 800
OF INTERVENTION WITH THE COMMISSION NOT LATER THAN TEN DAYS 801
FOLLOWING RECEIPT OF NOTIFICATION OF THE APPEAL. 802
(C) THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND 805
PLACE OF A HEARING NOT LESS THAN FIVE DAYS PRIOR TO THE HEARING. 806
THE HEARING SHALL BE OF RECORD.
(D) THE BOARD SHALL CONDUCT HEARINGS AND RENDER DECISIONS 808
IN A TIMELY FASHION AND SHALL HEAR EXPEDITED APPEALS AS REQUIRED 809
UNDER SECTION 1509.08 OF THE REVISED CODE. 810
WHENEVER THE BOARD CONDUCTS A HEARING, IT SHALL PREPARE A 813
REPORT SETTING FORTH ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW 814
AND SHALL MAIL A COPY OF THE REPORT BY CERTIFIED MAIL TO THE
20
PARTIES. A PARTY, NOT LATER THAN FOURTEEN DAYS AFTER RECEIPT OF 815
THE REPORT, MAY SERVE AND FILE WRITTEN OBJECTIONS TO THE BOARD'S 816
REPORT WITH THE SECRETARY OF THE BOARD. OBJECTIONS SHALL BE 817
SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS FOR THEM. UPON 819
CONSIDERATION OF THE OBJECTIONS, THE BOARD MAY ADOPT, REJECT, OR 820
MODIFY THE REPORT OR HEAR ADDITIONAL EVIDENCE.
(E) THE BOARD SHALL AFFIRM A DECISION OF THE CHIEF UNLESS 823
THE BOARD DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR 824
OTHERWISE INCONSISTENT WITH LAW; IN THAT CASE THE BOARD SHALL 825
VACATE THE DECISION OF THE CHIEF AND MAY REMAND IT TO THE CHIEF 826
FOR FURTHER PROCEEDINGS THAT THE BOARD MAY DIRECT. 828
(F) THE CHAIRPERSON OF THE BOARD, UNDER CONDITIONS THAT 831
THE CHAIRPERSON PRESCRIBES, MAY GRANT TEMPORARY RELIEF THAT THE 832
CHAIRPERSON CONSIDERS APPROPRIATE PENDING FINAL DETERMINATION OF 833
AN APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 834
(1) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 837
AN OPPORTUNITY FOR A HEARING TO BE HELD ON THE REQUEST FOR 838
TEMPORARY RELIEF.
(2) THE PERSON REQUESTING RELIEF SHOWS THAT THERE IS A 840
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 841
MERITS. 842
(3) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 844
SAFETY OF MINERS. 845
THE CHAIRPERSON SHALL ISSUE A DECISION EXPEDITIOUSLY AND 848
PROMPTLY PROVIDE WRITTEN NOTIFICATION OF THE DECISION TO ALL
PARTIES TO THE APPEAL. 849
ANY PARTY TO AN APPEAL FILED WITH THE BOARD WHO IS 851
AGGRIEVED OR ADVERSELY AFFECTED BY A DECISION OF THE CHAIRPERSON 852
TO GRANT OR DENY TEMPORARY RELIEF UNDER THIS SECTION MAY APPEAL 853
THAT DECISION TO THE BOARD. THE BOARD MAY CONFINE ITS REVIEW TO 854
THE RECORD DEVELOPED AT THE HEARING BEFORE THE CHAIRPERSON. 856
THE APPEAL SHALL BE FILED WITH THE BOARD NOT LATER THAN 858
THIRTY DAYS AFTER THE CHAIRPERSON ISSUES THE DECISION ON THE 859
REQUEST FOR TEMPORARY RELIEF. THE BOARD SHALL ISSUE A DECISION 860
21
AS EXPEDITIOUSLY AS POSSIBLE. 861
THE BOARD SHALL AFFIRM THE DECISION OF THE CHAIRPERSON 864
GRANTING OR DENYING TEMPORARY RELIEF UNLESS IT DETERMINES THAT 865
THE DECISION IS ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT 866
WITH LAW.
Sec. 1561.54. FOR THE PURPOSE OF PARTICIPATION IN AN 868
ADJUDICATORY HEARING CONDUCTED UNDER SECTION 1561.53 OF THE 869
REVISED CODE, THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION 870
OR THE MINE EXAMINING BOARD MAY REQUIRE THE ATTENDANCE OF 871
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND PAPERS AND 872
MAY, AND AT THE REQUEST OF ANY PARTY SHALL, ISSUE SUBPOENAS FOR 873
WITNESSES OR SUBPOENAS DUCES TECUM TO COMPEL THE PRODUCTION OF 874
ANY BOOKS, RECORDS, PAPERS, OR OTHER MATERIAL RELEVANT TO THE 875
INQUIRY, DIRECTED TO THE SHERIFF OF EACH COUNTY WHERE THE 876
WITNESSES OR MATERIALS ARE FOUND, WHICH SUBPOENAS SHALL BE SERVED 877
AND RETURNED IN THE SAME MANNER THAT SUBPOENAS ISSUED BY COURTS 878
OF COMMON PLEAS ARE SERVED AND RETURNED. THE FEES AND MILEAGE OF 879
SHERIFFS AND WITNESSES SHALL BE THE SAME AS THOSE ALLOWED BY THE 880
COURT OF COMMON PLEAS IN CRIMINAL CASES. 881
IN CASES OF DISOBEDIENCE OR NEGLECT OF A SUBPOENA SERVED ON 884
A PERSON OR THE REFUSAL OF A WITNESS TO TESTIFY ON ANY MATTER 885
REGARDING WHICH THE WITNESS LAWFULLY MAY BE INTERROGATED, THE 886
COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISOBEDIENCE, 887
NEGLECT, OR REFUSAL OCCURS, OR ANY JUDGE OF THAT COURT, ON 888
APPLICATION OF THE CHIEF OR THE BOARD OR ANY MEMBER OF THE BOARD, 889
SHALL COMPEL OBEDIENCE BY ATTACHMENT PROCEDURES FOR CONTEMPT AS 890
IN THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA 891
ISSUED FROM THE COURT OR A REFUSAL TO TESTIFY IN IT. 892
A WITNESS AT ANY HEARING SHALL TESTIFY UNDER OATH OR 894
AFFIRMATION, WHICH THE CHIEF OR ANY MEMBER OF THE BOARD SHALL 895
ADMINISTER. 896
Sec. 1561.55. ANY PARTY AGGRIEVED OR ADVERSELY AFFECTED BY 899
A DECISION OF THE MINE EXAMINING BOARD MAY APPEAL TO THE COURT OF 900
APPEALS OF FRANKLIN COUNTY OR THE COURT OF APPEALS OF THE COUNTY 901
22
IN WHICH THE ACTIVITY ADDRESSED BY THE DECISION OF THE BOARD 902
OCCURRED, IS OCCURRING, OR WILL OCCUR. THE APPEAL SHALL BE FILED 903
NOT LATER THAN THIRTY DAYS AFTER ISSUANCE OF THE DECISION OF THE 904
BOARD. THE COURT, UPON MOTION, MAY GRANT ANY TEMPORARY RELIEF 905
THAT IT CONSIDERS APPROPRIATE PENDING FINAL DISPOSITION OF THE 906
APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 907
(A) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 910
AN OPPORTUNITY TO BE HEARD ON THE REQUEST FOR TEMPORARY RELIEF. 911
(B) THE PERSON REQUESTING THE RELIEF SHOWS THAT THERE IS 914
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 915
MERITS.
(C) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 918
SAFETY OF MINERS.
THE COURT SHALL AFFIRM THE DECISION OF THE BOARD UNLESS THE 921
COURT DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR OTHERWISE 922
INCONSISTENT WITH LAW, IN WHICH CASE THE COURT SHALL VACATE THE 923
DECISION AND REMAND IT TO THE BOARD FOR ANY FURTHER PROCEEDINGS 924
THAT IT DIRECTS.
Sec. 1563.13. When a deputy mine inspector considers that 933
the ways and means of egress in any underground mine from the 934
interior working places to the surface are inadequate as a safe 935
and ready means of escape in case of emergency, from danger of 936
fire at any point, or any other cause that may result in the 937
entombment of persons working therein IN THE MINE, he THE DEPUTY 939
MINE INSPECTOR shall give notice in writing to the owner, lessee, 940
or agent of such THE mine of the particular in which he THE 941
DEPUTY MINE INSPECTOR considers such THE conditions dangerous, 942
recommending such ANY changes as THAT the conditions require, and 944
shall forthwith SHALL mail a copy of his THE DEPUTY MINE 945
INSPECTOR'S recommendations to the chief of the division of mines 947
and reclamation. Upon receipt of such THE recommendations, the 948
chief shall forthwith SHALL make a finding thereon CONCERNING 950
THEM and mail a copy to the operator of such THE mine, and to the 951
deputy mine inspector. A copy of such THE finding of the chief 953
23
shall be posted upon the bulletin board at the time. 954
The operator of such THE mine, or the authorized 956
representative of the workers of such THE mine, may within ten 957
days MAY appeal to the mine examining board for a review and 959
redetermination of the finding of the chief in such THE matter IN 960
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. A copy of 961
the findings DECISION of the board shall be mailed as required by 962
this section for the mailing of the finding by the chief on the 963
deputy mine inspector's report. 964
No operator of a mine shall refuse or neglect to comply 966
with this section. 967
Sec. 1565.15. (A) As used in this section,: 977
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 981
medical service organization" have the same meanings as in 982
section 4765.01 of the Revised Code.
(2) "FIRST AID PROVIDER" INCLUDES AN EMT-BASIC, AN EMT-I, 987
A PARAMEDIC, OR A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE WHO 988
HAS SATISFIED THE TRAINING REQUIREMENTS ESTABLISHED IN DIVISION 990
(D)(1) OF THIS SECTION. 991
(B) The operator of an underground COAL mine where twenty 993
or more persons are employed on a shift, including all persons 994
working at different locations at the mine within a ten-mile 995
radius, shall provide at least one EMT-basic or EMT-I on duty at 998
the UNDERGROUND COAL mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 999
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 1,002
the UNDERGROUND COAL mine at such times AND in numbers sufficient 1,004
to ensure that no miner works in a mine location that cannot be 1,005
reached within a reasonable time by an EMT-basic or an EMT-I. 1,006
EMTs-basic and EMTs-I shall be employed on their regular COAL 1,008
mining duties at locations convenient for quick response to
emergencies, IN ORDER to provide emergency medical services 1,010
inside the UNDERGROUND COAL mine and transportation of injured or 1,012
sick employees to the entrance of the mine. The operator shall
24
provide for the services of at least one emergency medical 1,013
service organization to be available on call to reach the 1,014
entrance of the UNDERGROUND COAL mine within thirty minutes, at 1,015
any time that employees are engaged in the extraction, 1,017
production, or preparation of coal IN ORDER to provide emergency 1,018
medical services and transportation to a hospital. 1,019
The operator shall make available to EMTs-basic and EMTs-I 1,022
all OF the equipment for first aid and emergency medical services 1,024
that is necessary for such THOSE personnel to function and to 1,026
comply with the rules REGULATIONS pertaining to first aid and 1,027
emergency medical services that are promulgated ADOPTED under the 1,028
"Federal Coal Mine SAFETY AND Health and Safety Act of 1969 1,030
1977," 83 91 Stat. 742 1290, 30 U.S.C.A. 801, and amendments 1,031
thereto, or the "Metal and Nonmetallic Mine Safety Act," 80 Stat. 1,032
772, 30 U.S.C.A. 721, and amendments thereto TO IT. The operator 1,033
OF THE UNDERGROUND COAL MINE shall install telephone service or 1,035
equivalent facilities that enable two-way voice communication 1,036
between the EMTs-basic or EMTs-I in the mine and the emergency 1,037
medical service organization outside the mine that provides 1,038
emergency medical services on a regular basis. 1,039
(C) The operator of a strip SURFACE COAL mine where 1,041
twenty-five or more persons are employed on a shift, including 1,044
all persons working at different locations of the mine within a 1,045
ten-mile radius, shall provide at least one EMT-basic or EMT-I 1,046
FIRST AID PROVIDER on duty at the mine whenever employees at the 1,048
mine are actively engaged in the extraction, production, or
preparation of coal or minerals. The operator shall provide 1,049
EMTs-basic or EMTs-I FIRST AID PROVIDERS on duty at the SURFACE 1,051
COAL mine at such times AND in numbers sufficient to ensure that 1,054
no miner works in a mine location that cannot be reached within a
reasonable time by an EMT-basic or an EMT-I. EMTs-basic and 1,057
EMTs-I A FIRST AID PROVIDER. FIRST AID PROVIDERS shall be 1,058
employed on their regular COAL mining duties at locations 1,060
convenient for quick response to emergencies, IN ORDER to provide 1,061
25
emergency medical services and transportation of injured or sick 1,064
employees to the entrance of the SURFACE COAL mine. The operator 1,066
shall provide for the services of at least one emergency medical 1,067
service organization to be available on call to reach the 1,068
entrance of the SURFACE COAL mine within thirty minutes, at any 1,071
time that employees are engaged in the extraction, production, or 1,072
preparation of coal, IN ORDER to provide emergency medical 1,074
services and transportation to a hospital.
THE OPERATOR SHALL MAKE AVAILABLE TO FIRST AID PROVIDERS 1,076
ALL OF THE EQUIPMENT FOR FIRST AID AND EMERGENCY MEDICAL SERVICES 1,077
THAT IS NECESSARY FOR THOSE PERSONNEL TO FUNCTION AND TO COMPLY 1,078
WITH THE REGULATIONS PERTAINING TO FIRST AID AND EMERGENCY 1,079
MEDICAL SERVICES THAT ARE ADOPTED UNDER THE "FEDERAL MINE SAFETY 1,083
AND HEALTH ACT OF 1977," 91 STAT. 1290, 30 U.S.C.A. 801, AND 1,087
AMENDMENTS TO IT, INCLUDING, WITHOUT LIMITATION, A PORTABLE 1,088
OXYGEN CYLINDER WITH A MEDICAL REGULATOR AND OXYGEN DELIVERY 1,089
SYSTEM.
(D) The operator of a strip mine where fewer than 1,091
twenty-five persons are employed on a shift, including all 1,092
persons working at different locations of the mine within a 1,093
ten-mile radius, or where twenty-five or more persons are 1,094
employed on a shift at different locations of the mine that are 1,095
dispersed by distances greater than ten miles, shall provide for 1,096
the services of emergency medical service organizations to be 1,097
available on call to reach the mine where any employees are 1,098
working within thirty minutes to provide emergency medical 1,099
services and transportation to a hospital. The chief of the 1,100
division of mines and reclamation may grant a variance from this 1,101
requirement, if upon application, the operator shows that such 1,103
emergency medical service organizations are not available and 1,104
that he provides for the services of three EMTs-basic, EMTs-I, or 1,107
paramedics who are located, when on call, within ten miles of the 1,109
locations where employees are mining, or such other reasonable
distance as the chief may approve. 1,110
26
(E)(1) A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE SHALL 1,113
BE CONSIDERED TO BE A FIRST AID PROVIDER FOR THE PURPOSES OF THIS 1,115
SECTION IF THE EMPLOYEE HAS RECEIVED FROM AN INSTRUCTOR APPROVED 1,116
BY THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION TEN HOURS 1,117
OF INITIAL FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE 1,118
UNDER 30 C.F.R. 77.1703 AND RECEIVES FIVE HOURS OF REFRESHER 1,120
FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE UNDER 30 1,122
C.F.R. 77.1705 IN EACH SUBSEQUENT CALENDAR YEAR. 1,123
(2) EACH MINER EMPLOYED AT A SURFACE COAL MINE WHO IS NOT 1,125
A FIRST AID PROVIDER SHALL RECEIVE FROM AN INSTRUCTOR APPROVED BY 1,127
THE CHIEF THREE HOURS OF INITIAL FIRST AID TRAINING AND TWO HOURS 1,128
OF REFRESHER FIRST AID TRAINING IN EACH SUBSEQUENT CALENDAR YEAR. 1,129
(3) THE TRAINING RECEIVED IN ACCORDANCE WITH DIVISION (D) 1,131
OF THIS SECTION SHALL CONSIST OF A COURSE OF INSTRUCTION 1,132
ESTABLISHED IN THE MANUAL ISSUED BY THE MINE SAFETY AND HEALTH 1,133
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF LABOR ENTITLED 1,135
"FIRST AID, A BUREAU OF MINES INSTRUCTION MANUAL" OR ITS 1,139
SUCCESSOR OR ANY OTHER CURRICULUM APPROVED BY THE CHIEF. THE 1,140
TRAINING SHALL BE INCLUDED IN THE HOURS OF INSTRUCTION PROVIDED 1,141
TO MINERS IN ACCORDANCE WITH TRAINING REQUIREMENTS ESTABLISHED 1,142
UNDER 30 C.F.R. PART 48, SUBPART (B), AS AMENDED, AND 30 C.F.R. 1,146
PART 77, AS AMENDED. 1,147
(E) EACH OPERATOR OF A SURFACE COAL MINE SHALL ESTABLISH, 1,149
KEEP CURRENT, AND MAKE AVAILABLE FOR INSPECTION AN EMERGENCY 1,151
MEDICAL PLAN THAT INCLUDES THE TELEPHONE NUMBERS OF THE DIVISION 1,152
OF MINES AND RECLAMATION AND OF AN EMERGENCY MEDICAL SERVICES 1,153
ORGANIZATION THE SERVICES OF WHICH ARE REQUIRED TO BE RETAINED 1,154
UNDER DIVISION (C) OF THIS SECTION. THE CHIEF SHALL ADOPT RULES 1,155
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT 1,157
ESTABLISH ANY ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN 1,158
AN EMERGENCY MEDICAL PLAN. 1,159
(F) Each operator of an underground COAL mine or strip 1,161
SURFACE COAL mine shall provide or contract to obtain emergency 1,163
medical services TRAINING OR FIRST AID training, AS APPLICABLE, 1,164
27
at the operator's expense, THAT IS sufficient to train and 1,165
maintain the certification of the number of employees necessary 1,166
to comply with DIVISION (B) OF this section AND THAT IS 1,167
SUFFICIENT TO TRAIN EMPLOYEES AS REQUIRED UNDER DIVISION (D) OF 1,168
THIS SECTION AND TO COMPLY WITH DIVISION (C) OF THIS SECTION. 1,169
(F)(G) The division of mines and reclamation may provide 1,172
emergency medical services training for COAL mine employees by 1,173
operating an emergency medical services training program 1,174
accredited under section 4765.17 of the Revised Code or by 1,175
contracting with the operator of an emergency medical services 1,176
training program accredited under that section to provide such 1,177
THAT training. The division of mines and reclamation may charge 1,179
COAL mine operators a uniform part of the unit cost per trainee. 1,181
(G)(H) No COAL MINE operator shall violate or fail to 1,183
comply with this section. 1,185
Sec. 4909.15. (A) The public utilities commission, when 1,187
fixing and determining just and reasonable rates, fares, tolls, 1,188
rentals, and charges, shall determine: 1,189
(1) The valuation as of the date certain of the property 1,191
of the public utility used and useful in rendering the public 1,192
utility service for which rates are to be fixed and determined. 1,193
The valuation so determined shall be the total value as set forth 1,194
in division (J) of section 4909.05 of the Revised Code, and a 1,195
reasonable allowance for materials and supplies and cash working 1,196
capital, as determined by the commission. 1,197
The commission, in its discretion, may include in the 1,199
valuation a reasonable allowance for construction work in 1,200
progress but, in no event, may such an allowance be made by the 1,201
commission until it has determined that the particular 1,202
construction project is at least seventy-five per cent complete. 1,203
In determining the percentage completion of a particular 1,205
construction project, the commission shall consider, among other 1,206
relevant criteria, the per cent of time elapsed in construction; 1,207
the per cent of construction funds, excluding allowance for funds 1,208
28
used during construction, expended, or obligated to such 1,209
construction funds budgeted where all such funds are adjusted to 1,210
reflect current purchasing power; and any physical inspection 1,211
performed by or on behalf of any party, including the 1,212
commission's staff. 1,213
A reasonable allowance for construction work in progress 1,215
shall not exceed ten per cent of the total valuation as stated in 1,217
this division, not including such allowance for construction work 1,218
in progress. 1,219
Where the commission permits an allowance for construction 1,222
work in progress, the dollar value of the project or portion 1,223
thereof included in the valuation as construction work in 1,224
progress shall not be included in the valuation as plant in 1,225
service until such time as the total revenue effect of the 1,226
construction work in progress allowance is offset by the total 1,227
revenue effect of the plant in service exclusion. Carrying 1,228
charges calculated in a manner similar to allowance for funds 1,229
used during construction shall accrue on that portion of the 1,230
project in service but not reflected in rates as plant in 1,231
service, and such accrued carrying charges shall be included in 1,232
the valuation of the property at the conclusion of the offset 1,233
period for purposes of division (J) of section 4909.05 of the 1,234
Revised Code. 1,235
From and after April 10, 1985, no allowance for 1,237
construction work in progress as it relates to a particular 1,238
construction project shall be reflected in rates for a period 1,239
exceeding forty-eight consecutive months commencing on the date 1,240
the initial rates reflecting such allowance become effective, 1,241
except as otherwise provided in this division. 1,242
The applicable maximum period in rates for an allowance for 1,245
construction work in progress as it relates to a particular 1,246
construction project shall be tolled if, and to the extent, a 1,247
delay in the in-service date of the project is caused by the 1,248
action or inaction of any federal, state, county, or municipal 1,249
29
agency having jurisdiction, where such action or inaction relates 1,250
to a change in a rule, standard, or approval of such agency, and 1,251
where such action or inaction is not the result of the failure of 1,252
the utility to reasonably endeavor to comply with any rule, 1,253
standard, or approval prior to such change. 1,254
In the event that such period expires before the project 1,256
goes into service, the commission shall exclude, from the date of 1,258
expiration, the allowance for the project as construction work in 1,260
progress from rates, except that the commission may extend the 1,261
expiration date up to twelve months for good cause shown. 1,262
In the event that a utility has permanently canceled, 1,264
abandoned, or terminated construction of a project for which it 1,265
was previously permitted a construction work in progress 1,266
allowance, the commission immediately shall exclude the allowance 1,268
for the project from the valuation. 1,269
In the event that a construction work in progress project 1,271
previously included in the valuation is removed from the 1,272
valuation pursuant to this division, any revenues collected by 1,273
the utility from its customers after April 10, 1985, that 1,274
resulted from such prior inclusion shall be offset against future 1,275
revenues over the same period of time as the project was included 1,276
in the valuation as construction work in progress. The total 1,277
revenue effect of such offset shall not exceed the total revenues 1,278
previously collected. 1,279
In no event shall the total revenue effect of any offset or 1,281
offsets provided under division (A)(1) of this section exceed the 1,283
total revenue effect of any construction work in progress 1,284
allowance.
(2) A fair and reasonable rate of return to the utility on 1,286
the valuation as determined in division (A)(1) of this section; 1,287
(3) The dollar annual return to which the utility is 1,289
entitled by applying the fair and reasonable rate of return as 1,290
determined under division (A)(2) of this section to the valuation 1,291
of the utility determined under division (A)(1) of this section; 1,292
30
(4) The cost to the utility of rendering the public 1,294
utility service for the test period less the total of any 1,295
interest on cash or credit refunds paid, pursuant to section 1,296
4909.42 of the Revised Code, by the utility during the test 1,297
period. 1,298
(a) Federal, state, and local taxes imposed on or measured 1,301
by net income may, in the discretion of the commission, be 1,302
computed by the normalization method of accounting, provided the 1,303
utility maintains accounting reserves that reflect differences 1,304
between taxes actually payable and taxes on a normalized basis, 1,305
provided that no determination as to the treatment in the 1,306
rate-making process of such taxes shall be made that will result 1,308
in loss of any tax depreciation or other tax benefit to which the 1,309
utility would otherwise be entitled, and further provided that 1,310
such tax benefit as redounds to the utility as a result of such a 1,311
computation may not be retained by the company, used to fund any 1,312
dividend or distribution, or utilized for any purpose other than 1,313
the defrayal of the operating expenses of the utility and the 1,314
defrayal of the expenses of the utility in connection with 1,315
construction work.
(b) The amount of any tax credits granted to an electric 1,317
light company under section 5733.39 5727.391 of the Revised Code 1,319
FOR OHIO COAL BURNED PRIOR TO JANUARY 1, 2000, shall not be 1,320
retained by the company, used to fund any dividend or
distribution, or utilized for any purposes other than the 1,321
defrayal of the allowable operating expenses of the company and 1,322
the defrayal of the allowable expenses of the company in 1,323
connection with the installation, acquisition, construction, or 1,324
use of a compliance facility. The amount of the tax credits 1,325
granted to an electric light company under that section FOR OHIO 1,326
COAL BURNED PRIOR TO JANUARY 1, 2000, shall be returned to its 1,328
customers within three years after initially claiming the credit 1,329
through an offset to the company's rates or fuel component, as 1,330
determined by the commission, as set forth in schedules filed by 1,331
31
the company under section 4905.30 of the Revised Code. As used 1,332
in division (A)(4)(c) of this section, "compliance facility" has 1,333
the same meaning as in section 5733.39 5727.391 of the Revised 1,335
Code.
(B) The commission shall compute the gross annual revenues 1,338
to which the utility is entitled by adding the dollar amount of 1,339
return under division (A)(3) of this section to the cost of 1,340
rendering the public utility service for the test period under 1,341
division (A)(4) of this section.
(C) The test period, unless otherwise ordered by the 1,343
commission, shall be the twelve-month period beginning six months 1,345
prior to the date the application is filed and ending six months 1,346
subsequent to that date. In no event shall the test period end 1,347
more than nine months subsequent to the date the application is 1,348
filed. The revenues and expenses of the utility shall be 1,349
determined during the test period. The date certain shall be not 1,350
later than the date of filing.
(D) When the commission is of the opinion, after hearing 1,353
and after making the determinations under divisions (A) and (B) 1,354
of this section, that any rate, fare, charge, toll, rental, 1,355
schedule, classification, or service, or any joint rate, fare, 1,356
charge, toll, rental, schedule, classification, or service 1,357
rendered, charged, demanded, exacted, or proposed to be rendered, 1,358
charged, demanded, or exacted, is, or will be, unjust, 1,359
unreasonable, unjustly discriminatory, unjustly preferential, or 1,360
in violation of law, that the service is, or will be, inadequate, 1,361
or that the maximum rates, charges, tolls, or rentals chargeable 1,362
by any such public utility are insufficient to yield reasonable 1,363
compensation for the service rendered, and are unjust and 1,364
unreasonable, the commission shall:
(1) With due regard among other things to the value of all 1,366
property of the public utility actually used and useful for the 1,367
convenience of the public as determined under division (A)(1) of 1,368
this section, excluding from such value the value of any 1,369
32
franchise or right to own, operate, or enjoy the same in excess 1,370
of the amount, exclusive of any tax or annual charge, actually 1,371
paid to any political subdivision of the state or county, as the 1,372
consideration for the grant of such franchise or right, and 1,373
excluding any value added to such property by reason of a 1,374
monopoly or merger, with due regard in determining the dollar 1,375
annual return under division (A)(3) of this section to the 1,376
necessity of making reservation out of the income for surplus, 1,377
depreciation, and contingencies, and; 1,378
(2) With due regard to all such other matters as are 1,380
proper, according to the facts in each case, 1,381
(a) Including a fair and reasonable rate of return 1,383
determined by the commission with reference to a cost of debt 1,384
equal to the actual embedded cost of debt of such public utility, 1,385
(b) But not including the portion of any periodic rental 1,387
or use payments representing that cost of property that is 1,388
included in the valuation report under divisions (F) and (G) of 1,389
section 4909.05 of the Revised Code, fix and determine the just 1,390
and reasonable rate, fare, charge, toll, rental, or service to be 1,391
rendered, charged, demanded, exacted, or collected for the 1,392
performance or rendition of the service that will provide the 1,393
public utility the allowable gross annual revenues under division 1,394
(B) of this section, and order such just and reasonable rate, 1,395
fare, charge, toll, rental, or service to be substituted for the 1,396
existing one. After such determination and order no change in 1,397
the rate, fare, toll, charge, rental, schedule, classification, 1,398
or service shall be made, rendered, charged, demanded, exacted, 1,399
or changed by such public utility without the order of the 1,400
commission, and any other rate, fare, toll, charge, rental, 1,401
classification, or service is prohibited. 1,402
(E) Upon application of any person or any public utility, 1,404
and after notice to the parties in interest and opportunity to be 1,405
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909., 1,406
4921., and 4923. of the Revised Code for other hearings, has been 1,407
33
given, the commission may rescind, alter, or amend an order 1,408
fixing any rate, fare, toll, charge, rental, classification, or 1,409
service, or any other order made by the commission. Certified 1,410
copies of such orders shall be served and take effect as provided 1,411
for original orders. 1,412
Sec. 5727.391. (A) As used in this section: 1,422
(1) "Compliance facility" has the same meaning as in 1,424
section 4905.01 of the Revised Code. "Compliance facility" also 1,425
includes both of the following: 1,426
(a) A flue gas desulfurization system that is connected to 1,428
a coal-fired electric generating unit and that either was placed 1,429
in service prior to the effective date of this section JULY 10, 1,431
1991, or construction of which was commenced prior to the 1,432
effective THAT date of this section;
(b) Facilities or equipment that is acquired, constructed, 1,434
or installed, and used, at a coal-fired electric generating unit 1,435
primarily for the purpose of handling the byproducts produced by 1,436
a compliance facility or other coal combustion byproducts 1,437
produced by the generating unit in or to which the compliance 1,438
facility is incorporated or connected. 1,439
(2) "Ohio coal" has the same meaning as in section 4913.01 1,441
of the Revised Code. 1,442
(B) An electric company shall be allowed a credit against 1,444
the tax computed under section 5727.38 of the Revised Code for 1,445
using Ohio coal in any of its coal-fired electric generating 1,446
units. The credit shall be claimed in the company's annual 1,447
statement required under division (A) of section 5727.31 of the 1,448
Revised Code at the rate of one dollar THREE DOLLARS per ton of 1,449
Ohio coal burned, during the same twelve-month period used in 1,451
determining gross receipts AND ON OR AFTER JANUARY 1, 2000, in a 1,452
coal-fired electric generating unit under all BOTH of the 1,454
following conditions:
(1) The coal-fired electric generating unit is owned by 1,456
the company claiming the credit or leased by that company under a 1,457
34
sale and leaseback transaction; 1,458
(2) A compliance facility is attached to, incorporated in, 1,460
or used in conjunction with the coal-fired generating unit; 1,461
(3) Either of the following applies: 1,463
(a) In the case of a coal-fired electric generating unit 1,465
that burns coal in combination with another fuel for the purpose 1,466
of complying with Phase I acid rain control requirements under 1,467
Title IV of the "Clean Air Act Amendments of 1990," 104 Stat. 1,468
2584, 42 U.S.C.A. 7651, at least eighty per cent of the heat 1,469
input during the period is from Ohio coal; 1,470
(b) In the case of any other coal-fired electric 1,472
generating unit, at least ninety per cent of the heat input 1,473
during the period is from Ohio coal. 1,474
(C) If the credit allowed under this section exceeds the 1,476
total taxes due for the current year, the tax commissioner shall 1,477
credit the excess against the taxes due for succeeding years 1,478
until the full amount of the credit is granted. 1,479
The sum of the credits allowed for coal burned in each 1,481
coal-fired electric generating unit shall not exceed twenty per 1,482
cent of the cost of the compliance facility attached to, 1,483
incorporated in, or used in conjunction with the unit. If a 1,484
compliance facility is used in conjunction with more than one 1,485
generating unit, the tax commissioner shall prorate its cost 1,486
among the units. 1,487
(D) The director of environmental protection, upon the 1,489
request of the tax commissioner, shall certify whether a facility 1,490
is a compliance facility. In the case of a compliance facility 1,491
owned by an electric company, the public utilities commission 1,492
shall certify to the tax commissioner the cost of the facility as 1,493
of the date it was placed in service. In the case of a 1,494
compliance facility owned by a person other than an electric 1,495
company, the tax commissioner shall determine the cost of the 1,496
facility as of the date it was placed in service; if the owner of 1,497
such a facility fails to furnish the information necessary to 1,498
35
make that determination, no credit shall be allowed. 1,499
Sec. 5733.39. (A) AS USED IN THIS SECTION: 1,502
(1) "COMPLIANCE FACILITY" MEANS PROPERTY THAT IS DESIGNED, 1,504
CONSTRUCTED, OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC 1,505
GENERATING FACILITY FOR THE PRIMARY PURPOSE OF COMPLYING WITH 1,507
PHASE I ACID RAIN CONTROL REQUIREMENTS UNDER TITLE IV OF THE 1,509
"CLEAN AIR ACT AMENDMENTS OF 1990," 104 STAT. 2584, 42 U.S.C.A. 1,510
7651, AND THAT CONTROLS OR LIMITS EMISSIONS OF SULFUR OR NITROGEN 1,511
COMPOUNDS RESULTING FROM THE COMBUSTION OF COAL THROUGH THE 1,512
REMOVAL OR REDUCTION OF THOSE COMPOUNDS BEFORE, DURING, OR AFTER 1,513
THE COMBUSTION OF THE COAL, BUT BEFORE THE COMBUSTION PRODUCTS 1,514
ARE EMITTED INTO THE ATMOSPHERE. "COMPLIANCE FACILITY" ALSO 1,515
INCLUDES ANY OF THE FOLLOWING: 1,516
(a) A FACILITY THAT REMOVES SULFUR COMPOUNDS FROM COAL 1,518
BEFORE THE COMBUSTION OF THE COAL AND THAT IS LOCATED OFF THE 1,519
PREMISES OF THE ELECTRIC GENERATING FACILITY WHERE THE COAL 1,520
PROCESSED BY THE COMPLIANCE FACILITY IS BURNED; 1,521
(b) MODIFICATIONS TO THE ELECTRIC GENERATING FACILITY 1,523
WHERE THE COMPLIANCE FACILITY IS CONSTRUCTED OR INSTALLED THAT 1,524
ARE NECESSARY TO ACCOMMODATE THE CONSTRUCTION OR INSTALLATION, 1,525
AND OPERATION, OF THE COMPLIANCE FACILITY; 1,526
(c) A BYPRODUCT DISPOSAL FACILITY, AS DEFINED IN SECTION 1,528
3734.051 OF THE REVISED CODE, THAT EXCLUSIVELY DISPOSES OF WASTES 1,529
PRODUCED BY THE COMPLIANCE FACILITY AND OTHER COAL COMBUSTION 1,530
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,531
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED REGARDLESS OF 1,532
WHETHER THE BYPRODUCT DISPOSAL FACILITY IS LOCATED ON THE SAME 1,533
PREMISES AS THE COMPLIANCE FACILITY OR GENERATING UNIT THAT 1,534
PRODUCES THE WASTES DISPOSED OF AT THE FACILITY; 1,535
(d) FACILITIES OR EQUIPMENT THAT IS ACQUIRED, CONSTRUCTED, 1,537
OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING 1,538
FACILITY EXCLUSIVELY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS 1,539
PRODUCED BY THE COMPLIANCE FACILITY OR OTHER COAL COMBUSTION 1,540
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,541
36
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED; 1,542
(e) A FLUE GAS DESULFURIZATION SYSTEM THAT IS CONNECTED TO 1,545
A COAL-FIRED ELECTRIC GENERATING UNIT AND THAT EITHER WAS PLACED 1,546
IN SERVICE PRIOR TO JULY 10, 1991, OR CONSTRUCTION OF WHICH WAS 1,547
COMMENCED PRIOR TO THAT DATE;
(f) FACILITIES OR EQUIPMENT ACQUIRED, CONSTRUCTED, OR 1,550
INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING UNIT
PRIMARILY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS PRODUCED BY 1,551
A COMPLIANCE FACILITY OR OTHER COAL COMBUSTION BYPRODUCTS 1,552
PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE COMPLIANCE 1,553
FACILITY IS INCORPORATED OR CONNECTED. 1,554
(2) "OHIO COAL" HAS THE SAME MEANING AS IN SECTION 4913.01 1,557
OF THE REVISED CODE. 1,558
(3) "SALE AND LEASEBACK TRANSACTION" HAS THE SAME MEANING 1,560
AS IN SECTION 5727.01 OF THE REVISED CODE. 1,563
(B) AN ELECTRIC COMPANY SHALL BE ALLOWED A NONREFUNDABLE 1,566
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED 1,568
CODE FOR OHIO COAL USED IN ANY OF ITS COAL-FIRED ELECTRIC 1,571
GENERATING UNITS AFTER APRIL 30, 2001, BUT BEFORE JANUARY 1, 1,572
2005. SECTION 5733.057 OF THE REVISED CODE SHALL APPLY WHEN 1,575
CALCULATING THE CREDIT ALLOWED BY THIS SECTION. THE CREDIT SHALL 1,577
BE CLAIMED AT THE RATE OF THREE DOLLARS PER TON OF OHIO COAL 1,578
BURNED IN A COAL-FIRED ELECTRIC GENERATING UNIT DURING THE 1,579
TAXABLE YEAR ENDING IMMEDIATELY PRECEDING THE TAX YEAR. THE 1,580
CREDIT IS ALLOWED ONLY IF BOTH OF THE FOLLOWING CONDITIONS ARE 1,581
MET DURING SUCH TAXABLE YEAR: 1,582
(1) THE COAL-FIRED ELECTRIC GENERATING UNIT IS OWNED AND 1,584
USED BY THE COMPANY CLAIMING THE CREDIT OR LEASED AND USED BY 1,585
THAT COMPANY UNDER A SALE AND LEASEBACK TRANSACTION. 1,586
(2) A COMPLIANCE FACILITY IS ATTACHED TO, INCORPORATED IN, 1,589
OR USED IN CONJUNCTION WITH THE COAL-FIRED GENERATING UNIT. 1,590
(C) THE CREDIT SHALL BE CLAIMED IN THE ORDER REQUIRED 1,593
UNDER SECTION 5733.98 OF THE REVISED CODE. THE TAXPAYER MAY 1,595
CARRY FORWARD ANY CREDIT AMOUNT IN EXCESS OF ITS TAX DUE AFTER 1,596
37
ALLOWING FOR ANY OTHER CREDITS THAT PRECEDE THE CREDIT ALLOWED 1,597
UNDER THIS SECTION IN THE ORDER REQUIRED UNDER SECTION 5733.98 OF 1,598
THE REVISED CODE. THE EXCESS CREDIT MAY BE CARRIED FORWARD FOR 1,600
THREE YEARS FOLLOWING THE TAX YEAR FOR WHICH IT IS CLAIMED UNDER 1,601
THIS SECTION.
(D) THE DIRECTOR OF ENVIRONMENTAL PROTECTION, UPON THE 1,604
REQUEST OF THE TAX COMMISSIONER, SHALL CERTIFY WHETHER A FACILITY 1,605
IS A COMPLIANCE FACILITY. IN THE CASE OF A COMPLIANCE FACILITY 1,606
OWNED BY AN ELECTRIC COMPANY, THE PUBLIC UTILITIES COMMISSION 1,607
SHALL CERTIFY TO THE TAX COMMISSIONER THE COST OF THE FACILITY AS 1,608
OF THE DATE IT WAS PLACED IN SERVICE. IN THE CASE OF A 1,609
COMPLIANCE FACILITY OWNED BY A PERSON OTHER THAN AN ELECTRIC 1,610
COMPANY, THE TAX COMMISSIONER SHALL DETERMINE THE COST OF THE 1,611
FACILITY AS OF THE DATE IT WAS PLACED IN SERVICE. IF THE OWNER 1,612
OF SUCH A FACILITY FAILS TO FURNISH THE INFORMATION NECESSARY TO 1,613
MAKE THAT DETERMINATION, NO CREDIT SHALL BE ALLOWED. 1,614
Sec. 6111.044. Upon receipt of an application for an 1,624
injection well drilling permit, an injection well operating 1,625
permit, a renewal of an injection well operating permit, or a 1,626
modification of an injection well drilling permit, operating 1,627
permit, or renewal of an operating permit, the director of 1,628
environmental protection shall determine whether the application 1,629
is complete and demonstrates that the activities for which the 1,630
permit, renewal permit, or modification is requested will comply 1,631
with the "Federal Water Pollution Control Act" and regulations 1,632
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 1,633
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 1,634
under it; and this chapter and the rules adopted under it. If 1,635
the application demonstrates that the proposed activities will 1,636
not comply or will pose an unreasonable risk of inducing seismic 1,637
activity, inducing geologic fracturing, or contamination of an 1,638
underground source of drinking water, he THE DIRECTOR shall deny 1,639
the application. If the application does not make the required 1,641
demonstrations, he THE DIRECTOR shall return it to the applicant 1,642
38
with an indication of those matters about which a required 1,644
demonstration was not made. If he THE DIRECTOR determines that 1,645
the application makes the required demonstrations, he THE 1,647
DIRECTOR shall transmit copies of the application and all of the 1,649
accompanying maps, data, samples, and information to the chief of 1,650
the division of oil and gas, the chief of the division of 1,651
geological survey, the chief of the division of water, and, if 1,652
the well is or is to be located in a coal-bearing township, the 1,653
chief of the division of mines and reclamation IN THE DEPARTMENT 1,654
OF NATURAL RESOURCES.
The chief of the division of geological survey shall 1,656
comment upon the application if he THE CHIEF determines that the 1,657
proposed well or injection will present an unreasonable risk of 1,659
loss or damage to valuable mineral resources. If the chief 1,660
submits comments on the application, those comments shall be 1,661
accompanied by an evaluation of the geological factors upon which 1,662
the comments are based, including fractures, faults, earthquake 1,663
potential, and the porosity and permeability of the injection 1,664
zone and confining zone, and by the documentation supporting the 1,665
evaluation. The director shall take into consideration the 1,666
chief's comments, and the accompanying evaluation of geologic 1,667
factors and supporting documentation, when considering the 1,668
application. The director shall provide written notice to the 1,669
chief of his THE DIRECTOR'S decision on the application and, if 1,670
the chief's comments are not included in the permit, renewal 1,672
permit, or modification, of the director's rationale for not 1,673
including them.
The chief of the division of oil and gas shall comment upon 1,675
the application if he THE CHIEF determines that the proposed well 1,677
or injection will present an unreasonable risk that waste or 1,678
contamination of recoverable oil or gas in the earth will occur. 1,679
If the chief submits comments on the application, those comments 1,680
shall be accompanied by an evaluation of the oil or gas reserves 1,681
that, in the best professional judgment of the chief, are 1,682
39
recoverable and will be adversely affected by the proposed well 1,683
or injection, and by the documentation supporting the evaluation. 1,684
The director shall take into consideration the chief's comments, 1,685
and the accompanying evaluation and supporting documentation, 1,686
when considering the application. The director shall provide 1,687
written notice to the chief of his THE DIRECTOR'S decision on the 1,689
application and, if the chief's comments are not included in the 1,690
permit, renewal permit, or modification, of the director's 1,691
rationale for not including them. 1,692
The chief of the division of water shall assist the 1,694
director in determining whether all underground sources of 1,695
drinking water in the area of review of the proposed well or 1,696
injection have been identified and correctly delineated in the 1,697
application. If the application fails to identify or correctly 1,698
delineate any such AN underground source of drinking water, the 1,699
chief shall provide written notice of that fact to the director. 1,700
The chief of the division of mines and reclamation shall 1,702
review the application as follows: 1,703
If the application concerns the drilling or conversion of a 1,705
well or the injection into a well which THAT is not or is not to 1,706
be located within five thousand feet of the excavation and 1,707
workings of a mine, the chief of the division of mines and 1,709
reclamation shall note upon the application that it has been 1,710
examined by the division of mines and reclamation, retain a copy 1,712
of the application and map, and immediately return a copy of the 1,713
application to the director.
If the application concerns the drilling or conversion of a 1,715
well or the injection into a well which THAT is or is to be 1,716
located within five thousand feet, but more than five hundred 1,718
feet from the surface excavations and workings of a mine, the 1,719
chief of the division of mines and reclamation shall immediately 1,721
SHALL notify the owner or lessee of the mine that the application 1,722
has been filed and send to the owner or lessee a copy of the map 1,723
accompanying the application setting forth the location of the 1,724
40
well. The chief of the division of mines and reclamation shall 1,725
note on the application that the notice has been sent to the 1,727
owner or lessee of the mine, retain a copy of the application and 1,728
map, and immediately return a copy of the application to the 1,729
director with his THE CHIEF'S notation thereon ON IT. 1,730
If the application concerns the drilling or conversion of a 1,732
well or the injection into a well which THAT is or is to be 1,733
located within five thousand feet of the underground excavations 1,735
and workings of a mine or within five hundred feet of the surface 1,736
excavations and workings of a mine, the chief of the division of 1,738
mines and reclamation shall immediately SHALL notify the owner or 1,739
lessee of the mine that the application has been filed and send 1,740
to the owner or lessee a copy of the map accompanying the 1,741
application setting forth the location of the well. If the owner 1,742
or lessee objects to the application, he THE OWNER OR LESSEE 1,743
shall notify the chief of the division of mines and reclamation 1,745
of the objection, giving the reasons therefor, within six days 1,746
after the receipt of the notice. If the chief of the division of 1,747
mines and reclamation receives no objections from the owner or 1,748
lessee of the mine within ten days after the receipt of the 1,749
notice by the owner or lessee, or if in the opinion of the chief 1,750
of the division of mines and reclamation the objections offered 1,751
by the owner or lessee are not sufficiently well-founded, he THE 1,753
CHIEF shall retain a copy of the application and map and return a 1,755
copy of the application to the director with any applicable notes 1,756
concerning it.
If the chief of the division of mines and reclamation 1,758
receives an objection from the owner or lessee of the mine as to 1,759
the application, within ten days after receipt of the notice by 1,760
the owner or lessee, and if in the opinion of the chief the 1,761
objection is well-founded, he THE CHIEF shall disapprove the 1,762
application and immediately return it to the director together 1,764
with his THE CHIEF'S reasons for the disapproval. The director 1,766
shall promptly SHALL notify the applicant for the permit, renewal 1,768
41
permit, or modification, of the disapproval. The applicant may 1,769
appeal the disapproval of the application by the chief of the 1,770
division of mines and reclamation to the mine examining board 1,771
created under section 1561.10 of the Revised Code, AND THE BOARD 1,773
SHALL HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 1,774
REVISED CODE. The appeal shall be filed within thirty days from
the date the applicant receives notice of the disapproval. No 1,775
comments concerning or disapproval of an application shall be 1,776
delayed by the chief of the division of mines and reclamation for 1,777
more than fifteen days from the date of sending of notice to the 1,778
mine owner or lessee as required by this section. 1,779
The director shall not approve an application for an 1,781
injection well drilling permit, an injection well operating 1,782
permit, a renewal of an injection well operating permit, or a 1,783
modification of an injection well drilling permit, operating 1,784
permit, or renewal of an operating permit for a well which THAT 1,785
is or is to be located within three hundred feet of any opening 1,786
of any mine used as a means of ingress, egress, or ventilation 1,787
for persons employed therein IN THE MINE, nor within one hundred 1,788
feet of any building or flammable structure connected therewith 1,789
WITH THE MINE and actually used as a part of the operating 1,790
equipment of the mine, unless the chief of the division of mines 1,792
and reclamation determines that life or property will not be 1,794
endangered by drilling and operating the well in that location. 1,795
Upon review by the chief of the division of oil and gas, 1,797
the chief of the division of geological survey, and the chief of 1,798
the division of water, and if the chief of the division of mines 1,800
and reclamation has not disapproved the application, the director 1,801
shall issue a permit, renewal permit, or modification with such 1,802
ANY terms and conditions as THAT may be necessary to comply with 1,803
the "Federal Water Pollution Control Act" and regulations adopted 1,805
under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 1,806
U.S.C.A. 300(f) as amended, and regulations adopted under it; and 1,807
this chapter and the rules adopted under it. The director shall 1,808
42
not issue a permit, renewal permit, or modification to an 1,809
applicant if the applicant or persons associated with the 1,810
applicant have engaged in or are engaging in a substantial 1,811
violation of this chapter that is endangering or may endanger 1,812
human health or the environment or if, in the case of an 1,813
applicant for an injection well drilling permit, the applicant, 1,814
at the time of applying for the permit, did not hold an injection 1,815
well operating permit or renewal of an injection well drilling 1,816
permit and failed to demonstrate sufficient expertise and 1,817
competency to operate the well in compliance with the applicable 1,818
provisions of this chapter. 1,819
If the director receives a disapproval from the chief of 1,821
the division of mines and reclamation regarding an application 1,823
for an injection well drilling or operating permit, renewal 1,824
permit, or modification, if required, he THE DIRECTOR shall issue 1,825
an order denying the application. 1,827
The director need not issue a proposed action under section 1,829
3745.07 of the Revised Code or hold an adjudication hearing under 1,830
that section and Chapter 119. of the Revised Code before issuing 1,831
or denying a permit, renewal permit, or modification of a permit 1,832
or renewal permit. Before issuing or renewing a permit to drill 1,833
or operate a class I injection well or a modification thereof OF 1,834
IT, the director shall propose the permit, renewal permit, or 1,835
modification in draft form and shall hold a public hearing to 1,836
receive public comment on the draft permit, renewal permit, or 1,837
modification. At least fifteen days before the public hearing on 1,838
a draft permit, renewal permit, or modification, the director 1,839
shall publish notice of the date, time, and location of the 1,840
public hearing in at least one newspaper of general circulation 1,841
serving the area where the well is or is to be located. The 1,842
proposing of such a draft permit, renewal permit, or modification 1,843
does not constitute the issuance of a proposed action under 1,844
section 3745.07 of the Revised Code, and the holding of the 1,845
public hearing on such a draft permit, renewal permit, or 1,846
43
modification does not constitute the holding of an adjudication 1,847
hearing under that section and Chapter 119. of the Revised Code. 1,848
Appeals of orders other than orders of the chief of the division 1,850
of mines and reclamation shall be taken under sections 3745.04 to 1,851
3745.08 of the Revised Code. 1,852
The director may order that an injection well drilling 1,854
permit or an injection well operating permit or renewal permit be 1,855
suspended and that activities thereunder UNDER IT cease if he 1,856
determines AFTER DETERMINING that those activities are occurring 1,857
in violation of law, rule, order, or term or condition of the 1,860
permit. Upon service of a copy of the order upon the permit 1,861
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,863
the permit and activities thereunder UNDER IT shall be 1,864
immediately suspended IMMEDIATELY without prior hearing and shall 1,865
remain suspended until the violation is corrected and the order 1,866
of suspension is lifted. If a violation is the second within a 1,867
one-year period, the director, after a hearing, may revoke the 1,868
permit. 1,869
The director may order that an injection well drilling 1,871
permit or an injection well operating permit or renewal permit be 1,872
suspended and that activities thereunder UNDER IT cease if he THE 1,874
DIRECTOR has reasonable cause to believe that the permit would 1,875
not have been issued if the information available at the time of 1,876
suspension had been available at the time a determination was 1,877
made by one of the agencies acting under authority of this 1,878
section. Upon service of a copy of the order upon the permit 1,879
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,881
the permit and activities thereunder UNDER IT shall be 1,882
immediately suspended IMMEDIATELY without prior hearing, but a 1,883
permit may not be suspended for that reason without prior hearing 1,884
unless immediate suspension is necessary to prevent waste or 1,885
contamination of oil or gas, comply with the "Federal Water 1,886
Pollution Control Act" and regulations adopted under it; the 1,887
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 1,888
44
300(f), as amended, and regulations adopted under it; and this 1,889
chapter and the rules adopted under it, or prevent damage to 1,890
valuable mineral resources, prevent contamination of an 1,891
underground source of drinking water, or prevent danger to human 1,892
life or health. If after a hearing the director determines that 1,893
the permit would not have been issued if the information 1,894
available at the time of the hearing had been available at the 1,895
time a determination was made by one of the agencies acting under 1,896
authority of this section, he THE DIRECTOR shall revoke the 1,897
permit. 1,898
When a permit has been revoked, the permit holder or other 1,900
person responsible therefor shall FOR IT immediately SHALL plug 1,902
the well in the manner required by the director.
The director may issue orders to prevent or require 1,904
cessation of violations of this section, section 6111.043, 1,905
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 1,906
adopted thereunder UNDER ANY OF THOSE SECTIONS, and terms or 1,907
conditions of permits issued thereunder UNDER ANY OF THEM. Such 1,909
THE orders may require the elimination of conditions caused by 1,911
the violation.
Section 2. That existing sections 1509.08, 1513.13, 1,913
1561.10, 1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 1,914
6111.044 and sections 1561.41, 1561.42, 1561.43, 1561.44, 1,916
1565.17, 1565.18, 1565.19, 1565.20, 1565.21, 1565.22, 1565.23, 1,917
1567.28, 1567.29, 1567.37, 1567.56, 1567.64, and 5733.39, and 1,918
section 4909.15 of the Revised Code as amended by Am. Sub. S.B. 3
of the 123rd General Assembly are hereby repealed. 1,919
Section 3. The enactment by this act of amendments to 1,921
section 1561.10 of the Revised Code regarding the qualifications 1,923
of members of the Mine Examining Board is not intended to require 1,924
the replacement of members of the board on the effective date of 1,925
this act, but to establish requirements for filling vacancies 1,926
occurring in the board's membership on and after the effective 1,927
date of this act.
45
Section 4. (A) The amendment by this act of section 1,930
5727.391 of the Revised Code increasing the per-ton credit for 1,931
burning Ohio coal applies to Ohio coal burned on or after January 1,933
1, 2000, and on or before April 30, 2001. The tax credit claimed 1,934
for the twelve-month period ending April 30, 2000, shall be 1,935
adjusted so that the credit equals one dollar per ton for Ohio 1,936
coal burned on or before December 31, 1999, of that twelve-month 1,937
period, and three dollars per ton for Ohio coal burned on or 1,938
after January 1, 2000.
(B) The amendment of section 5727.391 of the Revised Code 1,940
and the repeal of the existing version of that section by this 1,941
act does not affect the delayed repeal of that section by Section 1,942
8 of Am. Sub. S.B. 3 of the 123rd General Assembly. Section 1,943
5727.391 of the Revised Code, as amended by this act, shall be 1,944
repealed as provided in Section 8 of Am. Sub. S.B. 3 of the 123rd 1,945
General Assembly. 1,946
Section 5. The repeal and reenactment by this act of 1,948
section 5733.39 of the Revised Code takes effect January 1, 2002, 1,949
and applies to Ohio coal burned after April 30, 2001, but before 1,950
January 1, 2005, notwithstanding Section 12 of Am. Sub. S.B. 3 of 1,952
the 123rd General Assembly.
Section 6. The amendment by this act of section 4909.15 of 1,954
the Revised Code, as amended by Am. Sub. S.B. 3 of the 123rd 1,955
General Assembly, is contingent on Am. Sub. S.B. 3 of the 123rd 1,956
General Assembly becoming law.
Section 7. Section 1565.15 of the Revised Code is 1,958
presented in this act as a composite of the section as amended by 1,959
both Am. Sub. S.B. 150 and Am. Sub. S.B. 162 of the 121st General 1,960
Assembly, with the new language of neither of the acts shown in 1,962
capital letters. This is in recognition of the principle stated 1,963
in division (B) of section 1.52 of the Revised Code that such 1,964
amendments are to be harmonized where not substantively 1,965
irreconcilable and constitutes a legislative finding that such is 1,966
the resulting version in effect prior to the effective date of 1,967
46
this act.