As Passed by the House 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 10
_________________________________________________________________ 11
A B I L L
To amend sections 1509.08, 1513.13, 1561.10, 13
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 14
6111.044, to amend section 4909.15 as amended by 15
Am. Sub. S.B. 3 of the 123rd General Assembly to
enact new section 5733.39 and sections 1561.351, 16
1561.53, 1561.54, and 1561.55, and to repeal 17
sections 1561.41, 1561.42, 1561.43, 1561.44, 18
1565.17, 1565.18, 1565.19, 1565.20, 1565.21,
1565.22, 1565.23, 1567.28, 1567.29, 1567.37, 19
1567.56, 1567.64, and 5733.39 of the Revised Code
to revise qualifications for membership on the 22
Mine Examining Board, to add two members to the
Board, to clarify provisions governing appeals 24
involving the board, to revise qualifications for
first aid providers who must be on duty at 25
surface coal mines, to require all surface coal 26
miners to receive first aid training, to make 27
other changes governing mine safety and 28
operation, including the elimination of certain
provisions involving weighing and measuring and 29
explosions at coal mines, to increase the Ohio 30
coal tax credit for electric companies burning
Ohio coal from $1 per ton to $3 per ton, to 31
eliminate certain restrictions on companies
claiming the credit, to allow those companies to 32
retain the credit rather than pass it through to 33
2
consumers, and to terminate the credit for Ohio
coal burned after 2004. 34
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That sections 1509.08, 1513.13, 1561.10, 38
1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 6111.044 be 39
amended, section 4909.15 as amended by Am. Sub. S.B. 3 of the 40
123rd General Assembly be amended, and new section 5733.39 and 41
sections 1561.351, 1561.53, 1561.54, and 1561.55 of the Revised 42
Code be enacted to read as follows: 43
Sec. 1509.08. Upon receipt of an application for a permit 52
required by section 1509.05 of the Revised Code, or upon receipt 53
of an application for a permit to plug and abandon under section 54
1509.13 of the Revised Code, the chief of the division of oil and 55
gas shall determine whether the well is or is to be located in a 56
coal bearing township. 57
Whether or not the well is or is to be located in a coal 59
bearing township, the chief, by order, may refuse to issue a 60
permit required by section 1509.05 of the Revised Code to any 61
applicant who at the time of applying for the permit is in 62
material or substantial violation of this chapter or rules 63
adopted or orders issued thereunder UNDER IT. The chief shall 64
refuse to issue a permit to any applicant who at the time of 66
applying for the permit has been found liable by a final 67
nonappealable order of a court of competent jurisdiction for 68
damage to streets, roads, highways, bridges, culverts, or 69
drainways pursuant to section 4513.34 or 5577.12 of the Revised 70
Code until the applicant provides the chief with evidence of 71
compliance with the order. No applicant shall attempt to 72
circumvent this provision by applying for a permit under a 73
different name or business organization name, by transferring 74
responsibility to another person or entity, by abandoning the 75
well or lease, or by any other similar act. 76
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If the well is not or is not to be located in a coal 78
bearing township, or if it is to be located in a coal bearing 79
township, but the landowner submits an affidavit that he owns 80
ATTESTING TO OWNERSHIP OF the property in fee simple, including 81
the coal, and has no objection to the well, the chief shall issue 82
the permit.
If the application to drill, reopen, or convert concerns a 84
well which THAT is or is to be located in a coal bearing 85
township, the chief of the division of oil and gas shall transmit 86
to the chief of the division of mines and reclamation two copies 87
of the application and three copies of the map required in 88
section 1509.06 of the Revised Code;, except that, when the 89
affidavit with the waiver of objection described in the preceding 90
paragraph is submitted, the chief of the division of oil and gas 91
shall not transmit such THE copies. 92
The chief of the division of mines and reclamation shall 94
immediately SHALL notify the owner or lessee of any affected mine 95
that the application has been filed and send to the owner or 97
lessee two copies of the map accompanying the application setting 98
forth the location of the well. 99
If the owner or lessee objects to the location of the well 101
or objects to any location within fifty feet of the original 102
location as a possible site for relocation of the well, he THE 103
OWNER OR LESSEE shall notify the chief of the division of mines 104
and reclamation of the objection, giving the reasons therefor FOR 105
THE OBJECTION and, if applicable, indicating on a copy of the map 106
the particular location or locations within fifty feet of the 108
original location to which he THE OWNER OR LESSEE objects as a 109
site for possible relocation of the well, within six days after
the receipt of the notice. If the chief of the division of mines 110
and reclamation receives no objections from the owner or lessee 111
of the mine within ten days after the receipt of the notice by 112
the owner or lessee, or if in the opinion of the chief of the 113
division of mines and reclamation the objections offered by the 114
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owner or lessee are not sufficiently well founded, he shall THE 115
CHIEF immediately SHALL notify the owner or lessee of his THOSE 116
findings. The owner or lessee may appeal the decision of the 117
chief of the division of mines and reclamation to the mine 118
examining board created under section 1561.10 of the Revised 119
Code. The appeal shall be filed within fifteen days from the 120
date on which the owner or lessee receives the notice. If the 121
appeal is not filed within that time, the chief of the division 122
of mines and reclamation shall immediately SHALL approve the 123
application, retain a copy of the application and map, and return 125
a copy of the application to the chief of the division of oil and 126
gas with his THE approval noted thereon ON IT. Thereupon the THE 128
chief of the division of oil and gas THEN shall issue the permit 129
if the provisions of this chapter pertaining to the issuance of 131
such a permit have been complied with. 132
If the chief of the division of mines and reclamation 134
receives an objection from the owner or lessee of the mine as to 135
the location of the well within ten days after receipt of the 136
notice by the owner or lessee, and if in the opinion of the chief 137
the objection is well founded, he THE CHIEF shall disapprove the 138
application and immediately return it to the chief of the 140
division of oil and gas together with his THE reasons for 141
disapproval and a suggestion for a new location for the well, 142
provided that the suggested new location shall not be a location 143
within fifty feet of the original location to which the owner or 144
lessee has objected as a site for possible relocation of the well 145
if the chief has determined that the objection is well founded. 146
The chief of the division of oil and gas shall immediately SHALL 147
notify the applicant for the permit of the disapproval and any 149
suggestion made by the chief of the division of mines and 150
reclamation as to a new location for the well. The applicant may 151
withdraw his THE application or amend his THE application to 153
drill the well at the location suggested by the chief of the
division of mines and reclamation, or he THE APPLICANT may appeal 155
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the disapproval of the application by the chief of the division 156
of mines and reclamation to the mine examining board created 157
under section 1561.10 of the Revised Code. 158
If the chief of the division of mines and reclamation 160
receives no objection from the owner or lessee of a mine as to 161
the location of the well, but does receive an objection from the 162
owner or lessee as to one or more locations within fifty feet of 163
the original location as possible sites for relocation of the 164
well within ten days after receipt of the notice by the owner or 165
lessee, and if in the opinion of the chief the objection is well 166
founded, he shall THE CHIEF nevertheless SHALL approve the 167
application and shall immediately return it IMMEDIATELY to the 168
chief of the division of oil and gas together with his THE 170
reasons for disapproving any of the locations to which the owner 171
or lessee objects as possible sites for relocation of the well. 172
Thereupon the THE chief of the division of oil and gas THEN shall 173
issue a permit, if the provisions of this chapter pertaining to 174
the issuance of such a permit have been complied with, 175
incorporating as a term or condition of the permit that the
applicant is prohibited from commencing drilling at any location 176
within fifty feet of the original location that has been 177
disapproved by the chief of the division of mines and 178
reclamation. The applicant may appeal to the mine examining 179
board the terms and conditions of the permit prohibiting the 180
commencement of drilling at any such location disapproved by the 181
chief of the division of mines and reclamation. 182
Any such appeal shall be filed within fifteen days from the 184
date the applicant receives notice of the disapproval of his THE 185
application, any other location within fifty feet of the original 186
location, or terms or conditions of the permit, or the owner or 187
lessee receives notice of the chief's decision. No approval or 188
disapproval of an application shall be delayed by the chief of 189
the division of mines and reclamation for more than fifteen days 190
from the date of sending the notice of the application to the 191
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mine owner or lessee as required by this section. 192
All appeals provided for in this section shall be treated 194
as expedited appeals. The mine examining board shall hear any 195
such appeal IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 196
CODE and render a decision within thirty days of the filing of 197
the appeal.
The chief of the division of oil and gas shall not issue a 199
permit to drill a new well or reopen a well which THAT is or is 200
to be located within three hundred feet of any opening of any 201
mine used as a means of ingress, egress, or ventilation for 202
persons employed therein IN THE MINE, nor within one hundred feet 203
of any building or inflammable structure connected therewith WITH 205
THE MINE and actually used as a part of the operating equipment 206
of the mine, unless the chief of the division of mines and 208
reclamation determines that life or property will not be 209
endangered by drilling and operating the well in that location. 210
The chief of the division of mines and reclamation may 212
suspend the drilling or reopening of a well in a coal bearing 213
township if he determines AFTER DETERMINING that the drilling or 214
reopening activities present an imminent and substantial threat 215
to public health or safety or to miners' health or safety and he 216
has HAVING been unable to contact the chief of the division of 218
oil and gas to request an order of suspension under section 219
1509.06 of the Revised Code. Before issuing a suspension order 220
for this purpose, the chief of the division of mines and 221
reclamation shall notify the owner in such A manner as THAT in 222
the chief's judgment would provide reasonable notification that 223
he THE CHIEF intends to issue a suspension order. The chief may 224
issue such an order without prior notification if reasonable 225
attempts to notify the owner have failed, but in that event 226
notification shall be given as soon thereafter as practical. 227
Within five calendar days after the issuance of the order, the 228
chief shall provide the owner an opportunity to be heard and to 229
present evidence that the activities do not present an imminent 230
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and substantial threat to public health or safety or to miners' 231
health or safety. If, after considering the evidence presented 232
by the owner, the chief determines that the activities do not 233
present such a threat, he THE CHIEF shall revoke the suspension 234
order. An owner may appeal a suspension order issued by the 235
chief of the division of mines and reclamation under this section 236
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 237
located.
Sec. 1513.13. (A)(1) A PERSON HAVING AN INTEREST THAT IS 246
OR MAY BE ADVERSELY AFFECTED BY A FINDING OR DETERMINATION OF THE 248
CHIEF OF THE DIVISION OF MINES AND RECLAMATION MADE UNDER SECTION 249
1509.08, 1561.35, 1561.351, 1563.13, OR 6111.044 OF THE REVISED 252
CODE OR AN INVESTIGATION MADE BY THE CHIEF UNDER SECTION 1561.51 253
OF THE REVISED CODE MAY APPEAL TO THE MINE EXAMINING BOARD IN 256
ACCORDANCE WITH THOSE SECTIONS. Any OTHER person having an 258
interest that is or may be adversely affected by a notice of 259
violation, order, or decision of the chief of the division of 260
mines and reclamation, except OTHER THAN a show cause order or an 262
order that adopts a rule, or by any modification, vacation, or 263
termination of such a notice, order, or decision, may appeal by 264
filing a notice of appeal with the reclamation commission for 265
review of the notice, order, or decision within thirty days after 267
the notice, order, or decision is served upon the person or 268
within thirty days after its modification, vacation, or 269
termination and by filing a copy of the notice of appeal with the 270
chief within three days after filing the notice of appeal with 271
the commission. The notice of appeal shall contain a copy of the 273
notice of violation, order, or decision complained of and the 274
grounds upon which the appeal is based. The commission has 275
exclusive original jurisdiction to hear and decide such appeals. 277
The filing of a notice of appeal under this division (A)(1) OF 278
THIS SECTION does not operate as a stay of any order, notice of 279
violation, or decision of the chief. 280
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(2) The permittee, the chief, and other interested persons 282
shall be given written notice of the time and place of the 283
hearing at least five days prior thereto. The hearing shall be 284
of record. 285
(3) Any person authorized under this section to appeal to 287
the commission may request an informal review by the chief or the 289
chief's designee by filing a written request with the chief 290
within thirty days after a notice, order, decision, modification, 291
vacation, or termination is served upon the person. Filing of 292
the written request shall toll the time for appeal before the 293
commission, but shall not operate as a stay of any order, notice 295
of violation, or decision of the chief. The chief's
determination of an informal review is appealable to the 296
commission under this section. 297
(B) The commission shall affirm the notice of violation, 299
order, or decision of the chief unless the commission determines 301
that it is arbitrary, capricious, or otherwise inconsistent with 302
law; in that case the commission may modify the notice of 303
violation, order, or decision or vacate it and remand it to the 305
chief for such further proceedings as THAT the commission may 306
direct. 307
The commission shall conduct hearings and render decisions 309
in a timely fashion, except that ALL OF THE FOLLOWING APPLY: 310
(1) When the appeal concerns an order for the cessation of 312
coal mining and reclamation operations issued pursuant to 313
division (D)(1) or (2) of section 1513.02 of the Revised Code, 314
the commission shall issue its written decision within thirty 316
days after the receipt of the appeal unless temporary relief has 317
been granted by the chairperson pursuant to division (C) of this 319
section;
(2) When the appeal concerns an application for a permit 321
under division (I) of section 1513.07 of the Revised Code, the 322
commission shall hold a hearing within thirty days after receipt 324
of the notice of appeal and issue its decision within thirty days 325
9
after the hearing; 326
(3) When the appeal concerns a decision of the chief 328
regarding release of bond under division (F) of section 1513.16 329
of the Revised Code, the commission shall hold a hearing within 331
thirty days after receipt of the notice of appeal and issue its 332
decision within sixty days after the hearing. 333
(C) The chairperson of the commission, under conditions 336
the chairperson prescribes, may grant temporary relief the 338
chairperson considers appropriate pending final determination of 339
an appeal if all of the following conditions are met: 340
(1) All parties to the appeal have been notified and given 342
an opportunity for a hearing to be held in the locality of the 343
subject site on the request for temporary relief and the 344
opportunity to be heard on the request; 345
(2) The person requesting relief shows that there is a 347
substantial likelihood that the person will prevail on the 348
merits; 349
(3) The relief will not adversely affect public health or 351
safety or cause significant imminent environmental harm to land, 352
air, or water resources. 353
The chairperson shall issue a decision expeditiously, 355
except that when the applicant requests relief from an order for 356
the cessation of coal mining and reclamation operations issued 357
pursuant to division (D)(1) or (2) of section 1513.02 of the 358
Revised Code, the decision shall be issued within five days after 359
its receipt. 360
Any party to an appeal filed with the commission who is 362
aggrieved or adversely affected by a decision of the chairperson 364
to grant or deny temporary relief under this section may appeal 365
that decision to the commission. The commission may confine its 367
review to the record developed at the hearing before the 368
chairperson.
The appeal shall be filed with the commission within thirty 371
days after the chairperson issues the decision on the request for 373
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temporary relief. The commission shall issue a decision as 375
expeditiously as possible, except that when the appellant 376
requests relief from an order for the cessation of coal mining 377
and reclamation operations issued pursuant to division (D)(1) or 378
(2) of section 1513.02 of the Revised Code, the decision of the 379
commission shall be issued within five days after receipt of the 381
notice of appeal.
The commission shall affirm the decision of the chairperson 384
granting or denying temporary relief unless it determines that 385
the decision is arbitrary, capricious, or otherwise inconsistent 386
with law. 387
(D) Following the issuance of an order to show cause as to 389
why a permit should not be suspended or revoked pursuant to 390
division (D)(3) of section 1513.02 of the Revised Code, the chief 391
or a representative of the chief shall hold a public adjudicatory 393
hearing after giving written notice of the time, place, and date
thereof. The hearing shall be of record. 394
Within sixty days following the public hearing, the chief 396
shall issue and furnish to the permittee and all other parties to 397
the hearing a written decision, and the reasons therefor, 398
concerning suspension or revocation of the permit. If the chief 399
revokes the permit, the permittee immediately shall cease coal 400
mining operations on the permit area and shall complete 401
reclamation within a period specified by the chief, or the chief 402
shall declare as forfeited the performance bonds for the 403
operation. 404
(E)(1) Whenever an enforcement order or permit decision is 406
appealed under this section or any action is filed under division 407
(B) of section 1513.15 or 1513.39 of the Revised Code, at the 408
request of a prevailing party, a sum equal to the aggregate 410
amount of all costs and expenses, including attorney's fees, as 411
determined to have been necessary and reasonably incurred by the 412
prevailing party for or in connection with participation in the 413
enforcement proceedings before the commission, the court under 414
11
section 1513.15 of the Revised Code, or the chief under section 416
1513.39 of the Revised Code, may be awarded, as considered 417
proper, in accordance with divisions (E)(1)(a) to (c) of this 418
section. In no event shall attorney's fees awarded under this 419
section exceed, for the kind and quality of services, the 420
prevailing market rates at the time the services were furnished 421
under division (A) of this section. A party may be entitled to 422
costs and expenses related solely to the preparation, defense, 423
and appeal of a petition for costs and expenses, provided the 424
costs and expenses are limited and proportionate to costs and 425
expenses otherwise allowed under division (E) of this section. 426
(a) A party, other than the permittee or the division of 428
mines and reclamation, shall file a petition, if any, for an 429
award of costs and expenses, including attorney's fees, with the 431
chief, who shall review the petition. If the chief finds that 432
the party, other than the permittee or the division of mines and 433
reclamation, prevailed in whole or in part, made a substantial 435
contribution to a full and fair determination of the issues, and 436
made a contribution separate and distinct from the contribution 437
made by any other party, the chief may award to that party the 438
party's costs and expenses, including attorney's fees that were 439
necessary and reasonably incurred by the party for, or in 440
connection with, participation in the proceeding before the 441
commission.
(b) If a permittee who made a request under this division 443
(E)(1) OF THIS SECTION demonstrates that a party other than a 444
permittee who initiated an appeal under this section or 446
participated in such an appeal initiated or participated in the 447
appeal in bad faith and for the purpose of harassing or 448
embarrassing the permittee, the permittee may file a petition 449
with the chief. The chief may award to the permittee the costs 450
and expenses reasonably incurred by the permittee in connection 451
with participation in the appeal and assess those costs and 452
expenses against the party who initiated the appeal.
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(c) The division of mines and reclamation may file, with 454
the commission, a request for an award to the division of the 455
costs and expenses reasonably incurred by the division in 457
connection with an appeal initiated under this section. The 458
commission may assess those costs and expenses against the party 460
who initiated the appeal if the division demonstrates that the 461
party initiated or participated in the appeal in bad faith and 462
for the purpose of harassing or embarrassing the division. 463
(2) Whenever an order issued under this section or as a 465
result of any administrative proceeding under this chapter is the 466
subject of judicial review, at the request of any party, a sum 467
equal to the aggregate amount of all costs and expenses, 468
including attorney ATTORNEY'S fees, as determined by the court to 470
have been necessary and reasonably incurred by the party for or 471
in connection with participation in the proceedings, may be 472
awarded to either party, in accordance with division (E)(1) of 473
this section, as the court, on the basis of judicial review, 474
considers proper.
Sec. 1561.10. (A) There is hereby created in the division 483
of mines and reclamation a " THE mine examining board" consisting 485
of three FIVE members to be appointed by the governor with the 486
advice and consent of the senate. Terms of office shall be for 487
three years, commencing on the eleventh day of September, and 488
ending on the tenth day of September. Each member shall hold 489
office from the date of his appointment until the end of the term 490
for which he THE MEMBER was appointed. Vacancies shall be filled 492
by appointment by the governor. Any member appointed to fill a 493
vacancy occurring prior to the expiration of the term for which 494
his THE MEMBER'S predecessor was appointed shall hold office for 496
the remainder of such THAT term. Any member shall continue in 498
office subsequent to the expiration date of his THE MEMBER'S term 499
until his THE MEMBER'S successor takes office, or until a period 500
of sixty days has elapsed, whichever occurs first. The governor 501
may remove any member of the board for misconduct, incompetency, 502
13
neglect of duty, or for any other sufficient cause. 503
Not more than one ONE of the appointees to such THE board 506
shall be a person who, because of his previous vocation, 507
employment, or affiliation, can be classed as a representative of 508
the owner, operator, or lessee of a COAL mine, and not more than 509
one. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR SHALL REQUEST 512
THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT REPRESENTS OWNERS, 513
OPERATORS, OR LESSEES OF COAL MINES TO SUBMIT TO THE GOVERNOR THE 514
NAMES AND QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL 515
APPOINT ONE OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE 516
PROVIDED IN THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN 517
FIVE YEARS OF PRACTICAL EXPERIENCE IN THE COAL MINING INDUSTRY IN 518
POSITIONS IN WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF 519
MINE HEALTH AND SAFETY. THE MAJOR TRADE ASSOCIATION SHALL 520
REPRESENT A MEMBERSHIP THAT PRODUCED A LARGER QUANTITY OF COAL 521
MINED IN THIS STATE THAN THE MEMBERSHIP OF ANY OTHER TRADE 522
ASSOCIATION IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 523
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 525
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 526
A REPRESENTATIVE OF THE OWNER, OPERATOR, OR LESSEE OF AN 527
AGGREGATES MINE. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 528
SHALL REQUEST THE MAJOR TRADE ASSOCIATION IN THIS STATE THAT 529
REPRESENTS OWNERS, OPERATORS, OR LESSEES OF AGGREGATES MINES TO 530
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 531
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 532
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 533
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 534
EXPERIENCE IN THE AGGREGATES MINING INDUSTRY IN POSITIONS IN 535
WHICH THEY DEVELOPED COMPETENCE IN THE TOPICS OF MINE HEALTH AND 536
SAFETY. THE MAJOR TRADE ASSOCIATION SHALL REPRESENT A MEMBERSHIP 537
THAT PRODUCED A LARGER QUANTITY OF AGGREGATES MINED IN THIS STATE 538
THAN THE MEMBERSHIP OF ANY OTHER TRADE ASSOCIATION IN THE YEAR 539
PRIOR TO THE YEAR IN WHICH THE APPOINTMENT IS MADE. 540
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ONE of such THE appointees shall be a person who, because 543
of his previous vocation, employment, or affiliation, can be 544
classed as a representative of employees presently CURRENTLY 545
engaged in COAL mining operations. Not PRIOR TO MAKING THE 547
APPOINTMENT, THE GOVERNOR SHALL REQUEST THE HIGHEST RANKING 548
OFFICER IN THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL 549
MINERS IN THIS STATE TO SUBMIT TO THE GOVERNOR THE NAMES AND 550
QUALIFICATIONS OF THREE NOMINEES. THE GOVERNOR SHALL APPOINT ONE 551
OF THE NOMINEES TO THE BOARD. EXCEPT AS OTHERWISE PROVIDED IN 552
THIS DIVISION, THE NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS 554
OF PRACTICAL EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY 555
ISSUES AND AT THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN 556
POSITIONS THAT INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF 557
MINERS. THE MAJOR EMPLOYEE ORGANIZATION REPRESENTING COAL MINERS 558
SHALL REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 559
COAL MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 560
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 561
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO, BECAUSE OF 563
PREVIOUS VOCATION, EMPLOYMENT, OR AFFILIATION, CAN BE CLASSED AS 564
A REPRESENTATIVE OF EMPLOYEES CURRENTLY ENGAGED IN AGGREGATES 565
MINING OPERATIONS. PRIOR TO MAKING THE APPOINTMENT, THE GOVERNOR 566
SHALL REQUEST THE HIGHEST RANKING OFFICER IN THE MAJOR EMPLOYEE 567
ORGANIZATION REPRESENTING AGGREGATES MINERS IN THIS STATE TO
SUBMIT TO THE GOVERNOR THE NAMES AND QUALIFICATIONS OF THREE 568
NOMINEES. THE GOVERNOR SHALL APPOINT ONE OF THE NOMINEES TO THE 569
BOARD. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, THE 570
NOMINEES SHALL HAVE NOT LESS THAN FIVE YEARS OF PRACTICAL 572
EXPERIENCE IN DEALING WITH MINE HEALTH AND SAFETY ISSUES AND AT 573
THE TIME OF THE NOMINATION SHALL BE EMPLOYED IN POSITONS THAT 574
INVOLVE THE PROTECTION OF THE HEALTH AND SAFETY OF MINERS. THE
MAJOR EMPLOYEE ORGANIZATION REPRESENTING AGGREGATES MINERS SHALL 575
REPRESENT A MEMBERSHIP CONSISTING OF THE LARGEST NUMBER OF 576
AGGREGATES MINERS IN THIS STATE COMPARED TO OTHER EMPLOYEE 577
15
ORGANIZATIONS IN THE YEAR PRIOR TO THE YEAR IN WHICH THE 578
APPOINTMENT IS MADE.
ONE OF THE APPOINTEES SHALL BE A PERSON WHO CAN BE CLASSED 581
AS A REPRESENTATIVE OF THE PUBLIC. EXCEPT AS OTHERWISE PROVIDED 582
IN THIS DIVISION, THE APPOINTEE SHALL HAVE NOT LESS THAN FIVE 583
YEARS OF TECHNICAL, PRACTICAL EXPERIENCE IN EITHER THE FIELD OF 584
MINE HEALTH AND SAFETY OR OCCUPATIONAL HEALTH AND SAFETY, OR 585
BOTH. FOR A PERIOD OF THREE YEARS PRIOR TO THE APPOINTMENT, THE 586
APPOINTEE SHALL NOT HAVE BEEN EMPLOYED IN THE MINING INDUSTRY. 587
AN APPOINTEE WHO HAS RECEIVED A BACHELOR'S DEGREE IN MINING 590
ENGINEERING OR TECHNOLOGY NEED NOT HAVE AT LEAST FIVE YEARS OF 591
PRACTICAL EXPERIENCE AS OTHERWISE PROVIDED IN THIS DIVISION, BUT 592
SHALL HAVE A TOTAL OF NOT LESS THAN THREE YEARS OF PRACTICAL 593
EXPERIENCE IN THE MINING INDUSTRY IN A POSITION THAT PROVIDED THE 595
PERSON WITH PRACTICAL KNOWLEDGE OF MINE HEALTH AND SAFETY.
NOT more than two THREE of the members of said THE board 598
shall belong to the same political party. The chief of the 599
division of mines and reclamation or the chief's designee shall 601
be ex officio secretary to the board. 602
(B) The board shall have full power TO DO BOTH OF THE 604
FOLLOWING: 605
(A) To adopt (1) ADOPT and enforce reasonable rules 607
relative to the exercise of its powers and proper rules to govern 609
its proceedings and to regulate the manner of appeals; 610
(B) To employ (2) EMPLOY experts, advisors, and 612
secretarial, clerical, stenographic, and other employees. 613
(C) Each member of the board shall receive a salary fixed 615
pursuant to division (J) of section 124.15 of the Revised Code 616
when actually performing the OFFICIAL duties of his office, and, 618
in addition thereto TO A SALARY, he EACH MEMBER shall be 619
reimbursed for all actual and necessary travel and incidental 621
expenses incurred in carrying out the OFFICIAL duties of his 622
office.
(D) The board shall elect from its members a chairman 624
16
CHAIRPERSON and vice-chairman VICE-CHAIRPERSON. A quorum of the 626
board shall consist of not less than two THREE members, and no 627
action at any meeting shall be taken unless at least two THREE 630
votes are in accord. The secretary of the board shall keep a 632
true and complete record of all the proceedings of the board. 633
With the approval of the board, the secretary may employ clerical 634
assistants. The board shall adopt all necessary rules, 635
regulations, and bylaws to govern its times and places of 636
meetings, for organization and reorganization, for holding all 637
examinations, and for governing all other matters requisite to 638
the exercise of its powers, the performance of its duties, and 639
the transaction of its business under this chapter and Chapters 640
1509., 1563., 1565., and 1567. of the Revised Code. The board
shall adopt and have an official seal. 641
(E) EACH MEMBER OF THE BOARD SHALL COMPLETE THE ANNUAL 644
REFRESHER TRAINING REQUIRED FOR MINERS UNDER 30 C.F.R. 48.8 646
(1997). IN ADDITION TO THE ANNUAL REFRESHER TRAINING, EACH
MEMBER SHALL COMPLETE TWENTY-FOUR HOURS OF CONTINUING EDUCATION 647
DURING EACH MEMBER'S THREE-YEAR TERM OF OFFICE ON THE TOPICS OF 648
MINING TECHNOLOGY AND LAWS GOVERNING MINING HEALTH AND SAFETY. 650
Sec. 1561.35. If the deputy mine inspector finds that any 659
matter, thing, or practice connected with any mine and not 660
prohibited specifically by law, is dangerous or hazardous, or 661
that from a rigid enforcement of this chapter and Chapters 1509., 662
1563., 1565., and 1567. of the Revised Code, such THE matter, 663
thing, or practice would become dangerous and hazardous so as to 665
tend to the bodily injury of any person, such THE deputy mine 666
inspector shall forthwith SHALL give notice in writing to the 667
owner, lessee, or agent of the mine, of the particulars in which 669
he THE DEPUTY MINE INSPECTOR considers such THE mine or any 671
matter, thing, or practice connected therewith is dangerous or 672
hazardous and recommend such changes as THAT the conditions 673
require, and shall forthwith SHALL mail a copy of such THE report 674
and his THE DEPUTY MINE INSPECTOR'S recommendations to the chief 676
17
of the division of mines and reclamation. Upon receipt of such 677
THE report and recommendations, the chief shall forthwith SHALL 680
make a finding thereon and mail a copy to the owner, operator, 682
lessee, or agent of such THE mine, and to the deputy mine 684
inspector; a copy of such THE finding of the chief shall be 685
posted upon the bulletin board of the mine. Where the miners
have a mine safety committee, one additional copy shall be posted 686
on said THE bulletin board for the use and possession of the 687
committee. 688
The owner, operator, lessee, or agent of such THE mine, or 690
the authorized representative of the workers of such THE mine, 691
may within ten days MAY appeal to the mine examining board for a 692
review and redetermination of the finding of the chief in such 694
THE matter IN ACCORDANCE WITH SECTION 1561.53 OF THE REVISED 695
CODE. A copy of the findings DECISION of the board shall be 696
mailed as required by this section for the mailing of the finding 698
by the chief on the deputy mine inspector's report. 699
Sec. 1561.351. A DEPUTY MINE INSPECTOR WHO MAKES A FINDING 701
CONCERNING A VIOLATION OF THIS CHAPTER OR CHAPTER 1563., 1565., 703
OR 1567. OR SECTION 1509.09, 1509.12, 1509.13, 1509.14, 1509.15, 704
1509.17, OR 1509.18 OF THE REVISED CODE THAT INVOLVES MINING 706
SAFETY SHALL NOTIFY THE CHIEF OF THE DIVISION OF MINES AND 707
RECLAMATION OF THE FINDING. THE CHIEF SHALL REVIEW THE 708
INSPECTOR'S FINDING, MAKE A WRITTEN DETERMINATION REGARDING IT, 709
AND PROVIDE A COPY OF THE WRITTEN DETERMINATION TO THE OWNER, 710
OPERATOR, LESSEE, OR AGENT OF THE MINE INVOLVED. THE CHIEF SHALL 711
PROVIDE A COPY OF THE WRITTEN DETERMINATION TO ANY OTHER 712
INTERESTED PARTY UPON REQUEST.
A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT OF 715
THE MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF THE 716
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 717
THE CHIEF'S DETERMINATION MAY APPEAL THE DETERMINATION, NOT LATER 718
THAN TEN DAYS AFTER RECEIVING NOTICE OF THE DETERMINATION, TO THE 719
MINE EXAMINING BOARD BY FILING A COPY OF THE CHIEF'S WRITTEN 720
18
DETERMINATION WITH THE BOARD. THE BOARD SHALL HEAR THE APPEAL IN 721
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. 722
Sec. 1561.51. When written charges of neglect of duty, 732
incompetency, or malfeasance in office against the deputy mine 733
inspector are filed with the chief of the division of mines and 734
reclamation, signed by not less than fifteen employees, or 735
otherwise as provided in section 1561.50 of the Revised Code, or 737
the owner, lessee, or agent of a mine, and the signers of such 738
THE charges are dissatisfied with the result of the investigation 739
made by the chief, they may appeal to the mine examining board by 741
filing the same charges against such THE deputy mine inspector 743
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 744
investigation of such charges, or may hold an open hearing 745
thereon HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 746
REVISED CODE. The board shall mail a written report COPY of the 747
result of such investigation or hearing, addressed ITS DECISION 748
to the complainant whose name appears first in the charges. 749
Sec. 1561.53. (A) AS USED IN THIS SECTION, "DECISION OF 752
THE CHIEF" INCLUDES A DECISION, DISAPPROVAL OF AN APPLICATION TO 753
DRILL A WELL, TERMS AND CONDITIONS OF A PERMIT, OR A SUSPENSION 754
ORDER ISSUED BY THE CHIEF OF THE DIVISION OF MINES AND 755
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 756
CODE; A DETERMINATION MADE BY THE CHIEF UNDER SECTION 1561.351 OF 757
THE REVISED CODE; A REPORT OF AN INVESTIGATION MADE BY THE CHIEF 758
UNDER SECTION 1561.51 OF THE REVISED CODE; OR DISAPPROVAL OF AN 759
APPLICATION FOR A PERMIT, RENEWAL PERMIT, OR MODIFICATION ISSUED
UNDER SECTION 6111.044 OF THE REVISED CODE. 760
(B)(1) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (B)(2) OF 763
THIS SECTION, THE MINE EXAMINING BOARD HAS EXCLUSIVE ORIGINAL 764
JURISDICTION TO HEAR AND DECIDE APPEALS MADE TO THE BOARD UNDER 765
SECTIONS 1509.08, 1561.35, 1561.351, 1561.51, 1563.13, AND 766
6111.044 OF THE REVISED CODE. AN APPEAL MADE UNDER THOSE 767
19
SECTIONS DOES NOT OPERATE AS A STAY OF ANY DECISION OF THE CHIEF. 768
(2) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE 770
CONTRARY, FROM THE EFFECTIVE DATE OF THIS SECTION UNTIL THE DATE 771
ON WHICH ALL MEMBERS OF THE MINE EXAMINING BOARD HAVE BEEN 772
APPOINTED IN ACCORDANCE WITH THE QUALIFICATIONS ESTABLISHED IN 773
SECTION 1561.10 OF THE REVISED CODE, AS AMENDED, BOTH OF THE 776
FOLLOWING APPLY:
(a) A PERSON, SUCH AS AN OWNER, OPERATOR, LESSEE, OR AGENT 779
OF A MINE OR THE AUTHORIZED REPRESENTATIVE OF THE WORKERS OF A 780
MINE, WHO HAS AN INTEREST THAT IS OR MAY BE ADVERSELY AFFECTED BY 781
A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND SAFETY MAY 782
APPEAL IT, NOT LATER THAN TEN DAYS AFTER RECEIVING NOTICE OF THE 783
DECISION, TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH 784
SECTION 1513.13 OF THE REVISED CODE BY FILING A COPY OF THE 786
CHIEF'S WRITTEN DECISION WITH THE COMMISSION. 787
(b) AN OWNER, OPERATOR, LESSEE, OR AGENT OF A MINE WHO 790
APPEALS A DECISION OF THE CHIEF THAT INVOLVES MINE HEALTH AND 791
SAFETY TO THE RECLAMATION COMMISSION IN ACCORDANCE WITH DIVISION 792
(B)(2)(a) OF THIS SECTION, UPON FILING THE APPEAL, SHALL PROVIDE 794
WRITTEN NOTIFICATION OF THE APPEAL TO THE AUTHORIZED 795
REPRESENTATIVE OF THE AFFECTED WORKERS OF THE MINE INVOLVED. THE 797
AUTHORIZED REPRESENTATIVE OF THE MINE WORKERS MAY INTERVENE AND 798
PARTICIPATE AS A PARTY TO THE APPEAL BY FILING A WRITTEN NOTICE 799
OF INTERVENTION WITH THE COMMISSION NOT LATER THAN TEN DAYS 800
FOLLOWING RECEIPT OF NOTIFICATION OF THE APPEAL. 801
(C) THE BOARD SHALL PROVIDE WRITTEN NOTICE OF THE TIME AND 804
PLACE OF A HEARING NOT LESS THAN FIVE DAYS PRIOR TO THE HEARING. 805
THE HEARING SHALL BE OF RECORD.
(D) THE BOARD SHALL CONDUCT HEARINGS AND RENDER DECISIONS 807
IN A TIMELY FASHION AND SHALL HEAR EXPEDITED APPEALS AS REQUIRED 808
UNDER SECTION 1509.08 OF THE REVISED CODE. 809
WHENEVER THE BOARD CONDUCTS A HEARING, IT SHALL PREPARE A 812
REPORT SETTING FORTH ITS FINDINGS OF FACT AND CONCLUSIONS OF LAW 813
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 814
THE REPORT, MAY SERVE AND FILE WRITTEN OBJECTIONS TO THE BOARD'S 815
REPORT WITH THE SECRETARY OF THE BOARD. OBJECTIONS SHALL BE 816
SPECIFIC AND STATE WITH PARTICULARITY THE GROUNDS FOR THEM. UPON 818
CONSIDERATION OF THE OBJECTIONS, THE BOARD MAY ADOPT, REJECT, OR 819
MODIFY THE REPORT OR HEAR ADDITIONAL EVIDENCE.
(E) THE BOARD SHALL AFFIRM A DECISION OF THE CHIEF UNLESS 822
THE BOARD DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR 823
OTHERWISE INCONSISTENT WITH LAW; IN THAT CASE THE BOARD SHALL 824
VACATE THE DECISION OF THE CHIEF AND MAY REMAND IT TO THE CHIEF 825
FOR FURTHER PROCEEDINGS THAT THE BOARD MAY DIRECT. 827
(F) THE CHAIRPERSON OF THE BOARD, UNDER CONDITIONS THAT 830
THE CHAIRPERSON PRESCRIBES, MAY GRANT TEMPORARY RELIEF THAT THE 831
CHAIRPERSON CONSIDERS APPROPRIATE PENDING FINAL DETERMINATION OF 832
AN APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 833
(1) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 836
AN OPPORTUNITY FOR A HEARING TO BE HELD ON THE REQUEST FOR 837
TEMPORARY RELIEF.
(2) THE PERSON REQUESTING RELIEF SHOWS THAT THERE IS A 839
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 840
MERITS. 841
(3) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 843
SAFETY OF MINERS. 844
THE CHAIRPERSON SHALL ISSUE A DECISION EXPEDITIOUSLY AND 847
PROMPTLY PROVIDE WRITTEN NOTIFICATION OF THE DECISION TO ALL
PARTIES TO THE APPEAL. 848
ANY PARTY TO AN APPEAL FILED WITH THE BOARD WHO IS 850
AGGRIEVED OR ADVERSELY AFFECTED BY A DECISION OF THE CHAIRPERSON 851
TO GRANT OR DENY TEMPORARY RELIEF UNDER THIS SECTION MAY APPEAL 852
THAT DECISION TO THE BOARD. THE BOARD MAY CONFINE ITS REVIEW TO 853
THE RECORD DEVELOPED AT THE HEARING BEFORE THE CHAIRPERSON. 855
THE APPEAL SHALL BE FILED WITH THE BOARD NOT LATER THAN 857
THIRTY DAYS AFTER THE CHAIRPERSON ISSUES THE DECISION ON THE 858
REQUEST FOR TEMPORARY RELIEF. THE BOARD SHALL ISSUE A DECISION 859
21
AS EXPEDITIOUSLY AS POSSIBLE. 860
THE BOARD SHALL AFFIRM THE DECISION OF THE CHAIRPERSON 863
GRANTING OR DENYING TEMPORARY RELIEF UNLESS IT DETERMINES THAT 864
THE DECISION IS ARBITRARY, CAPRICIOUS, OR OTHERWISE INCONSISTENT 865
WITH LAW.
Sec. 1561.54. FOR THE PURPOSE OF PARTICIPATION IN AN 867
ADJUDICATORY HEARING CONDUCTED UNDER SECTION 1561.53 OF THE 868
REVISED CODE, THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION 869
OR THE MINE EXAMINING BOARD MAY REQUIRE THE ATTENDANCE OF 870
WITNESSES AND THE PRODUCTION OF BOOKS, RECORDS, AND PAPERS AND 871
MAY, AND AT THE REQUEST OF ANY PARTY SHALL, ISSUE SUBPOENAS FOR 872
WITNESSES OR SUBPOENAS DUCES TECUM TO COMPEL THE PRODUCTION OF 873
ANY BOOKS, RECORDS, PAPERS, OR OTHER MATERIAL RELEVANT TO THE 874
INQUIRY, DIRECTED TO THE SHERIFF OF EACH COUNTY WHERE THE 875
WITNESSES OR MATERIALS ARE FOUND, WHICH SUBPOENAS SHALL BE SERVED 876
AND RETURNED IN THE SAME MANNER THAT SUBPOENAS ISSUED BY COURTS 877
OF COMMON PLEAS ARE SERVED AND RETURNED. THE FEES AND MILEAGE OF 878
SHERIFFS AND WITNESSES SHALL BE THE SAME AS THOSE ALLOWED BY THE 879
COURT OF COMMON PLEAS IN CRIMINAL CASES. 880
IN CASES OF DISOBEDIENCE OR NEGLECT OF A SUBPOENA SERVED ON 883
A PERSON OR THE REFUSAL OF A WITNESS TO TESTIFY ON ANY MATTER 884
REGARDING WHICH THE WITNESS LAWFULLY MAY BE INTERROGATED, THE 885
COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE DISOBEDIENCE, 886
NEGLECT, OR REFUSAL OCCURS, OR ANY JUDGE OF THAT COURT, ON 887
APPLICATION OF THE CHIEF OR THE BOARD OR ANY MEMBER OF THE BOARD, 888
SHALL COMPEL OBEDIENCE BY ATTACHMENT PROCEDURES FOR CONTEMPT AS 889
IN THE CASE OF DISOBEDIENCE OF THE REQUIREMENTS OF A SUBPOENA 890
ISSUED FROM THE COURT OR A REFUSAL TO TESTIFY IN IT. 891
A WITNESS AT ANY HEARING SHALL TESTIFY UNDER OATH OR 893
AFFIRMATION, WHICH THE CHIEF OR ANY MEMBER OF THE BOARD SHALL 894
ADMINISTER. 895
Sec. 1561.55. ANY PARTY AGGRIEVED OR ADVERSELY AFFECTED BY 898
A DECISION OF THE MINE EXAMINING BOARD MAY APPEAL TO THE COURT OF 899
APPEALS OF FRANKLIN COUNTY OR THE COURT OF APPEALS OF THE COUNTY 900
22
IN WHICH THE ACTIVITY ADDRESSED BY THE DECISION OF THE BOARD 901
OCCURRED, IS OCCURRING, OR WILL OCCUR. THE APPEAL SHALL BE FILED 902
NOT LATER THAN THIRTY DAYS AFTER ISSUANCE OF THE DECISION OF THE 903
BOARD. THE COURT, UPON MOTION, MAY GRANT ANY TEMPORARY RELIEF 904
THAT IT CONSIDERS APPROPRIATE PENDING FINAL DISPOSITION OF THE 905
APPEAL IF ALL OF THE FOLLOWING CONDITIONS ARE MET: 906
(A) ALL PARTIES TO THE APPEAL HAVE BEEN NOTIFIED AND GIVEN 909
AN OPPORTUNITY TO BE HEARD ON THE REQUEST FOR TEMPORARY RELIEF. 910
(B) THE PERSON REQUESTING THE RELIEF SHOWS THAT THERE IS 913
SUBSTANTIAL LIKELIHOOD THAT THE PERSON WILL PREVAIL ON THE 914
MERITS.
(C) THE RELIEF WILL NOT ADVERSELY AFFECT THE HEALTH OR 917
SAFETY OF MINERS.
THE COURT SHALL AFFIRM THE DECISION OF THE BOARD UNLESS THE 920
COURT DETERMINES THAT IT IS ARBITRARY, CAPRICIOUS, OR OTHERWISE 921
INCONSISTENT WITH LAW, IN WHICH CASE THE COURT SHALL VACATE THE 922
DECISION AND REMAND IT TO THE BOARD FOR ANY FURTHER PROCEEDINGS 923
THAT IT DIRECTS.
Sec. 1563.13. When a deputy mine inspector considers that 932
the ways and means of egress in any underground mine from the 933
interior working places to the surface are inadequate as a safe 934
and ready means of escape in case of emergency, from danger of 935
fire at any point, or any other cause that may result in the 936
entombment of persons working therein IN THE MINE, he THE DEPUTY 938
MINE INSPECTOR shall give notice in writing to the owner, lessee, 939
or agent of such THE mine of the particular in which he THE 940
DEPUTY MINE INSPECTOR considers such THE conditions dangerous, 941
recommending such ANY changes as THAT the conditions require, and 943
shall forthwith SHALL mail a copy of his THE DEPUTY MINE 944
INSPECTOR'S recommendations to the chief of the division of mines 946
and reclamation. Upon receipt of such THE recommendations, the 947
chief shall forthwith SHALL make a finding thereon CONCERNING 949
THEM and mail a copy to the operator of such THE mine, and to the 950
deputy mine inspector. A copy of such THE finding of the chief 952
23
shall be posted upon the bulletin board at the time. 953
The operator of such THE mine, or the authorized 955
representative of the workers of such THE mine, may within ten 956
days MAY appeal to the mine examining board for a review and 958
redetermination of the finding of the chief in such THE matter IN 959
ACCORDANCE WITH SECTION 1561.53 OF THE REVISED CODE. A copy of 960
the findings DECISION of the board shall be mailed as required by 961
this section for the mailing of the finding by the chief on the 962
deputy mine inspector's report. 963
No operator of a mine shall refuse or neglect to comply 965
with this section. 966
Sec. 1565.15. (A) As used in this section,: 976
(1) "EMT-basic," "EMT-I," "paramedic," and "emergency 980
medical service organization" have the same meanings as in 981
section 4765.01 of the Revised Code.
(2) "FIRST AID PROVIDER" INCLUDES AN EMT-BASIC, AN EMT-I, 986
A PARAMEDIC, OR A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE WHO 987
HAS SATISFIED THE TRAINING REQUIREMENTS ESTABLISHED IN DIVISION 989
(D)(1) OF THIS SECTION. 990
(B) The operator of an underground COAL mine where twenty 992
or more persons are employed on a shift, including all persons 993
working at different locations at the mine within a ten-mile 994
radius, shall provide at least one EMT-basic or EMT-I on duty at 997
the UNDERGROUND COAL mine whenever employees at the mine are
actively engaged in the extraction, production, or preparation of 998
coal. The operator shall provide EMTs-basic or EMTs-I on duty at 1,001
the UNDERGROUND COAL mine at such times AND in numbers sufficient 1,003
to ensure that no miner works in a mine location that cannot be 1,004
reached within a reasonable time by an EMT-basic or an EMT-I. 1,005
EMTs-basic and EMTs-I shall be employed on their regular COAL 1,007
mining duties at locations convenient for quick response to
emergencies, IN ORDER to provide emergency medical services 1,009
inside the UNDERGROUND COAL mine and transportation of injured or 1,011
sick employees to the entrance of the mine. The operator shall
24
provide for the services of at least one emergency medical 1,012
service organization to be available on call to reach the 1,013
entrance of the UNDERGROUND COAL mine within thirty minutes, at 1,014
any time that employees are engaged in the extraction, 1,016
production, or preparation of coal IN ORDER to provide emergency 1,017
medical services and transportation to a hospital. 1,018
The operator shall make available to EMTs-basic and EMTs-I 1,021
all OF the equipment for first aid and emergency medical services 1,023
that is necessary for such THOSE personnel to function and to 1,025
comply with the rules REGULATIONS pertaining to first aid and 1,026
emergency medical services that are promulgated ADOPTED under the 1,027
"Federal Coal Mine SAFETY AND Health and Safety Act of 1969 1,029
1977," 83 91 Stat. 742 1290, 30 U.S.C.A. 801, and amendments 1,030
thereto, or the "Metal and Nonmetallic Mine Safety Act," 80 Stat. 1,031
772, 30 U.S.C.A. 721, and amendments thereto TO IT. The operator 1,032
OF THE UNDERGROUND COAL MINE shall install telephone service or 1,034
equivalent facilities that enable two-way voice communication 1,035
between the EMTs-basic or EMTs-I in the mine and the emergency 1,036
medical service organization outside the mine that provides 1,037
emergency medical services on a regular basis. 1,038
(C) The operator of a strip SURFACE COAL mine where 1,040
twenty-five or more persons are employed on a shift, including 1,043
all persons working at different locations of the mine within a 1,044
ten-mile radius, shall provide at least one EMT-basic or EMT-I 1,045
FIRST AID PROVIDER on duty at the mine whenever employees at the 1,047
mine are actively engaged in the extraction, production, or
preparation of coal or minerals. The operator shall provide 1,048
EMTs-basic or EMTs-I FIRST AID PROVIDERS on duty at the SURFACE 1,050
COAL mine at such times AND in numbers sufficient to ensure that 1,053
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 1,056
EMTs-I A FIRST AID PROVIDER. FIRST AID PROVIDERS shall be 1,057
employed on their regular COAL mining duties at locations 1,059
convenient for quick response to emergencies, IN ORDER to provide 1,060
25
emergency medical services and transportation of injured or sick 1,063
employees to the entrance of the SURFACE COAL mine. The operator 1,065
shall provide for the services of at least one emergency medical 1,066
service organization to be available on call to reach the 1,067
entrance of the SURFACE COAL mine within thirty minutes, at any 1,070
time that employees are engaged in the extraction, production, or 1,071
preparation of coal, IN ORDER to provide emergency medical 1,073
services and transportation to a hospital.
THE OPERATOR SHALL MAKE AVAILABLE TO FIRST AID PROVIDERS 1,075
ALL OF THE EQUIPMENT FOR FIRST AID AND EMERGENCY MEDICAL SERVICES 1,076
THAT IS NECESSARY FOR THOSE PERSONNEL TO FUNCTION AND TO COMPLY 1,077
WITH THE REGULATIONS PERTAINING TO FIRST AID AND EMERGENCY 1,078
MEDICAL SERVICES THAT ARE ADOPTED UNDER THE "FEDERAL MINE SAFETY 1,082
AND HEALTH ACT OF 1977," 91 STAT. 1290, 30 U.S.C.A. 801, AND 1,086
AMENDMENTS TO IT, INCLUDING, WITHOUT LIMITATION, A PORTABLE 1,087
OXYGEN CYLINDER WITH A MEDICAL REGULATOR AND OXYGEN DELIVERY 1,088
SYSTEM.
(D) The operator of a strip mine where fewer than 1,090
twenty-five persons are employed on a shift, including all 1,091
persons working at different locations of the mine within a 1,092
ten-mile radius, or where twenty-five or more persons are 1,093
employed on a shift at different locations of the mine that are 1,094
dispersed by distances greater than ten miles, shall provide for 1,095
the services of emergency medical service organizations to be 1,096
available on call to reach the mine where any employees are 1,097
working within thirty minutes to provide emergency medical 1,098
services and transportation to a hospital. The chief of the 1,099
division of mines and reclamation may grant a variance from this 1,100
requirement, if upon application, the operator shows that such 1,102
emergency medical service organizations are not available and 1,103
that he provides for the services of three EMTs-basic, EMTs-I, or 1,106
paramedics who are located, when on call, within ten miles of the 1,108
locations where employees are mining, or such other reasonable
distance as the chief may approve. 1,109
26
(E)(1) A SUPERVISORY EMPLOYEE AT A SURFACE COAL MINE SHALL 1,112
BE CONSIDERED TO BE A FIRST AID PROVIDER FOR THE PURPOSES OF THIS 1,114
SECTION IF THE EMPLOYEE HAS RECEIVED FROM AN INSTRUCTOR APPROVED 1,115
BY THE CHIEF OF THE DIVISION OF MINES AND RECLAMATION TEN HOURS 1,116
OF INITIAL FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE 1,117
UNDER 30 C.F.R. 77.1703 AND RECEIVES FIVE HOURS OF REFRESHER 1,119
FIRST AID TRAINING AS A SELECTED SUPERVISORY EMPLOYEE UNDER 30 1,121
C.F.R. 77.1705 IN EACH SUBSEQUENT CALENDAR YEAR. 1,122
(2) EACH MINER EMPLOYED AT A SURFACE COAL MINE WHO IS NOT 1,124
A FIRST AID PROVIDER SHALL RECEIVE FROM AN INSTRUCTOR APPROVED BY 1,126
THE CHIEF THREE HOURS OF INITIAL FIRST AID TRAINING AND TWO HOURS 1,127
OF REFRESHER FIRST AID TRAINING IN EACH SUBSEQUENT CALENDAR YEAR. 1,128
(3) THE TRAINING RECEIVED IN ACCORDANCE WITH DIVISION (D) 1,130
OF THIS SECTION SHALL CONSIST OF A COURSE OF INSTRUCTION 1,131
ESTABLISHED IN THE MANUAL ISSUED BY THE MINE SAFETY AND HEALTH 1,132
ADMINISTRATION IN THE UNITED STATES DEPARTMENT OF LABOR ENTITLED 1,134
"FIRST AID, A BUREAU OF MINES INSTRUCTION MANUAL" OR ITS 1,138
SUCCESSOR OR ANY OTHER CURRICULUM APPROVED BY THE CHIEF. THE 1,139
TRAINING SHALL BE INCLUDED IN THE HOURS OF INSTRUCTION PROVIDED 1,140
TO MINERS IN ACCORDANCE WITH TRAINING REQUIREMENTS ESTABLISHED 1,141
UNDER 30 C.F.R. PART 48, SUBPART (B), AS AMENDED, AND 30 C.F.R. 1,145
PART 77, AS AMENDED. 1,146
(E) EACH OPERATOR OF A SURFACE COAL MINE SHALL ESTABLISH, 1,148
KEEP CURRENT, AND MAKE AVAILABLE FOR INSPECTION AN EMERGENCY 1,150
MEDICAL PLAN THAT INCLUDES THE TELEPHONE NUMBERS OF THE DIVISION 1,151
OF MINES AND RECLAMATION AND OF AN EMERGENCY MEDICAL SERVICES 1,152
ORGANIZATION THE SERVICES OF WHICH ARE REQUIRED TO BE RETAINED 1,153
UNDER DIVISION (C) OF THIS SECTION. THE CHIEF SHALL ADOPT RULES 1,154
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE THAT 1,156
ESTABLISH ANY ADDITIONAL INFORMATION REQUIRED TO BE INCLUDED IN 1,157
AN EMERGENCY MEDICAL PLAN. 1,158
(F) Each operator of an underground COAL mine or strip 1,160
SURFACE COAL mine shall provide or contract to obtain emergency 1,162
medical services TRAINING OR FIRST AID training, AS APPLICABLE, 1,163
27
at the operator's expense, THAT IS sufficient to train and 1,164
maintain the certification of the number of employees necessary 1,165
to comply with DIVISION (B) OF this section AND THAT IS 1,166
SUFFICIENT TO TRAIN EMPLOYEES AS REQUIRED UNDER DIVISION (D) OF 1,167
THIS SECTION AND TO COMPLY WITH DIVISION (C) OF THIS SECTION. 1,168
(F)(G) The division of mines and reclamation may provide 1,171
emergency medical services training for COAL mine employees by 1,172
operating an emergency medical services training program 1,173
accredited under section 4765.17 of the Revised Code or by 1,174
contracting with the operator of an emergency medical services 1,175
training program accredited under that section to provide such 1,176
THAT training. The division of mines and reclamation may charge 1,178
COAL mine operators a uniform part of the unit cost per trainee. 1,180
(G)(H) No COAL MINE operator shall violate or fail to 1,182
comply with this section. 1,184
Sec. 4909.15. (A) The public utilities commission, when 1,186
fixing and determining just and reasonable rates, fares, tolls, 1,187
rentals, and charges, shall determine: 1,188
(1) The valuation as of the date certain of the property 1,190
of the public utility used and useful in rendering the public 1,191
utility service for which rates are to be fixed and determined. 1,192
The valuation so determined shall be the total value as set forth 1,193
in division (J) of section 4909.05 of the Revised Code, and a 1,194
reasonable allowance for materials and supplies and cash working 1,195
capital, as determined by the commission. 1,196
The commission, in its discretion, may include in the 1,198
valuation a reasonable allowance for construction work in 1,199
progress but, in no event, may such an allowance be made by the 1,200
commission until it has determined that the particular 1,201
construction project is at least seventy-five per cent complete. 1,202
In determining the percentage completion of a particular 1,204
construction project, the commission shall consider, among other 1,205
relevant criteria, the per cent of time elapsed in construction; 1,206
the per cent of construction funds, excluding allowance for funds 1,207
28
used during construction, expended, or obligated to such 1,208
construction funds budgeted where all such funds are adjusted to 1,209
reflect current purchasing power; and any physical inspection 1,210
performed by or on behalf of any party, including the 1,211
commission's staff. 1,212
A reasonable allowance for construction work in progress 1,214
shall not exceed ten per cent of the total valuation as stated in 1,216
this division, not including such allowance for construction work 1,217
in progress. 1,218
Where the commission permits an allowance for construction 1,221
work in progress, the dollar value of the project or portion 1,222
thereof included in the valuation as construction work in 1,223
progress shall not be included in the valuation as plant in 1,224
service until such time as the total revenue effect of the 1,225
construction work in progress allowance is offset by the total 1,226
revenue effect of the plant in service exclusion. Carrying 1,227
charges calculated in a manner similar to allowance for funds 1,228
used during construction shall accrue on that portion of the 1,229
project in service but not reflected in rates as plant in 1,230
service, and such accrued carrying charges shall be included in 1,231
the valuation of the property at the conclusion of the offset 1,232
period for purposes of division (J) of section 4909.05 of the 1,233
Revised Code. 1,234
From and after April 10, 1985, no allowance for 1,236
construction work in progress as it relates to a particular 1,237
construction project shall be reflected in rates for a period 1,238
exceeding forty-eight consecutive months commencing on the date 1,239
the initial rates reflecting such allowance become effective, 1,240
except as otherwise provided in this division. 1,241
The applicable maximum period in rates for an allowance for 1,244
construction work in progress as it relates to a particular 1,245
construction project shall be tolled if, and to the extent, a 1,246
delay in the in-service date of the project is caused by the 1,247
action or inaction of any federal, state, county, or municipal 1,248
29
agency having jurisdiction, where such action or inaction relates 1,249
to a change in a rule, standard, or approval of such agency, and 1,250
where such action or inaction is not the result of the failure of 1,251
the utility to reasonably endeavor to comply with any rule, 1,252
standard, or approval prior to such change. 1,253
In the event that such period expires before the project 1,255
goes into service, the commission shall exclude, from the date of 1,257
expiration, the allowance for the project as construction work in 1,259
progress from rates, except that the commission may extend the 1,260
expiration date up to twelve months for good cause shown. 1,261
In the event that a utility has permanently canceled, 1,263
abandoned, or terminated construction of a project for which it 1,264
was previously permitted a construction work in progress 1,265
allowance, the commission immediately shall exclude the allowance 1,267
for the project from the valuation. 1,268
In the event that a construction work in progress project 1,270
previously included in the valuation is removed from the 1,271
valuation pursuant to this division, any revenues collected by 1,272
the utility from its customers after April 10, 1985, that 1,273
resulted from such prior inclusion shall be offset against future 1,274
revenues over the same period of time as the project was included 1,275
in the valuation as construction work in progress. The total 1,276
revenue effect of such offset shall not exceed the total revenues 1,277
previously collected. 1,278
In no event shall the total revenue effect of any offset or 1,280
offsets provided under division (A)(1) of this section exceed the 1,282
total revenue effect of any construction work in progress 1,283
allowance.
(2) A fair and reasonable rate of return to the utility on 1,285
the valuation as determined in division (A)(1) of this section; 1,286
(3) The dollar annual return to which the utility is 1,288
entitled by applying the fair and reasonable rate of return as 1,289
determined under division (A)(2) of this section to the valuation 1,290
of the utility determined under division (A)(1) of this section; 1,291
30
(4) The cost to the utility of rendering the public 1,293
utility service for the test period less the total of any 1,294
interest on cash or credit refunds paid, pursuant to section 1,295
4909.42 of the Revised Code, by the utility during the test 1,296
period. 1,297
(a) Federal, state, and local taxes imposed on or measured 1,300
by net income may, in the discretion of the commission, be 1,301
computed by the normalization method of accounting, provided the 1,302
utility maintains accounting reserves that reflect differences 1,303
between taxes actually payable and taxes on a normalized basis, 1,304
provided that no determination as to the treatment in the 1,305
rate-making process of such taxes shall be made that will result 1,307
in loss of any tax depreciation or other tax benefit to which the 1,308
utility would otherwise be entitled, and further provided that 1,309
such tax benefit as redounds to the utility as a result of such a 1,310
computation may not be retained by the company, used to fund any 1,311
dividend or distribution, or utilized for any purpose other than 1,312
the defrayal of the operating expenses of the utility and the 1,313
defrayal of the expenses of the utility in connection with 1,314
construction work.
(b) The amount of any tax credits granted to an electric 1,316
light company under section 5733.39 5727.391 of the Revised Code 1,318
FOR OHIO COAL BURNED PRIOR TO JANUARY 1, 2000, shall not be 1,319
retained by the company, used to fund any dividend or
distribution, or utilized for any purposes other than the 1,320
defrayal of the allowable operating expenses of the company and 1,321
the defrayal of the allowable expenses of the company in 1,322
connection with the installation, acquisition, construction, or 1,323
use of a compliance facility. The amount of the tax credits 1,324
granted to an electric light company under that section FOR OHIO 1,325
COAL BURNED PRIOR TO JANUARY 1, 2000, shall be returned to its 1,327
customers within three years after initially claiming the credit 1,328
through an offset to the company's rates or fuel component, as 1,329
determined by the commission, as set forth in schedules filed by 1,330
31
the company under section 4905.30 of the Revised Code. As used 1,331
in division (A)(4)(c) of this section, "compliance facility" has 1,332
the same meaning as in section 5733.39 5727.391 of the Revised 1,334
Code.
(B) The commission shall compute the gross annual revenues 1,337
to which the utility is entitled by adding the dollar amount of 1,338
return under division (A)(3) of this section to the cost of 1,339
rendering the public utility service for the test period under 1,340
division (A)(4) of this section.
(C) The test period, unless otherwise ordered by the 1,342
commission, shall be the twelve-month period beginning six months 1,344
prior to the date the application is filed and ending six months 1,345
subsequent to that date. In no event shall the test period end 1,346
more than nine months subsequent to the date the application is 1,347
filed. The revenues and expenses of the utility shall be 1,348
determined during the test period. The date certain shall be not 1,349
later than the date of filing.
(D) When the commission is of the opinion, after hearing 1,352
and after making the determinations under divisions (A) and (B) 1,353
of this section, that any rate, fare, charge, toll, rental, 1,354
schedule, classification, or service, or any joint rate, fare, 1,355
charge, toll, rental, schedule, classification, or service 1,356
rendered, charged, demanded, exacted, or proposed to be rendered, 1,357
charged, demanded, or exacted, is, or will be, unjust, 1,358
unreasonable, unjustly discriminatory, unjustly preferential, or 1,359
in violation of law, that the service is, or will be, inadequate, 1,360
or that the maximum rates, charges, tolls, or rentals chargeable 1,361
by any such public utility are insufficient to yield reasonable 1,362
compensation for the service rendered, and are unjust and 1,363
unreasonable, the commission shall:
(1) With due regard among other things to the value of all 1,365
property of the public utility actually used and useful for the 1,366
convenience of the public as determined under division (A)(1) of 1,367
this section, excluding from such value the value of any 1,368
32
franchise or right to own, operate, or enjoy the same in excess 1,369
of the amount, exclusive of any tax or annual charge, actually 1,370
paid to any political subdivision of the state or county, as the 1,371
consideration for the grant of such franchise or right, and 1,372
excluding any value added to such property by reason of a 1,373
monopoly or merger, with due regard in determining the dollar 1,374
annual return under division (A)(3) of this section to the 1,375
necessity of making reservation out of the income for surplus, 1,376
depreciation, and contingencies, and; 1,377
(2) With due regard to all such other matters as are 1,379
proper, according to the facts in each case, 1,380
(a) Including a fair and reasonable rate of return 1,382
determined by the commission with reference to a cost of debt 1,383
equal to the actual embedded cost of debt of such public utility, 1,384
(b) But not including the portion of any periodic rental 1,386
or use payments representing that cost of property that is 1,387
included in the valuation report under divisions (F) and (G) of 1,388
section 4909.05 of the Revised Code, fix and determine the just 1,389
and reasonable rate, fare, charge, toll, rental, or service to be 1,390
rendered, charged, demanded, exacted, or collected for the 1,391
performance or rendition of the service that will provide the 1,392
public utility the allowable gross annual revenues under division 1,393
(B) of this section, and order such just and reasonable rate, 1,394
fare, charge, toll, rental, or service to be substituted for the 1,395
existing one. After such determination and order no change in 1,396
the rate, fare, toll, charge, rental, schedule, classification, 1,397
or service shall be made, rendered, charged, demanded, exacted, 1,398
or changed by such public utility without the order of the 1,399
commission, and any other rate, fare, toll, charge, rental, 1,400
classification, or service is prohibited. 1,401
(E) Upon application of any person or any public utility, 1,403
and after notice to the parties in interest and opportunity to be 1,404
heard as provided in Chapters 4901., 4903., 4905., 4907., 4909., 1,405
4921., and 4923. of the Revised Code for other hearings, has been 1,406
33
given, the commission may rescind, alter, or amend an order 1,407
fixing any rate, fare, toll, charge, rental, classification, or 1,408
service, or any other order made by the commission. Certified 1,409
copies of such orders shall be served and take effect as provided 1,410
for original orders. 1,411
Sec. 5727.391. (A) As used in this section: 1,421
(1) "Compliance facility" has the same meaning as in 1,423
section 4905.01 of the Revised Code. "Compliance facility" also 1,424
includes both of the following: 1,425
(a) A flue gas desulfurization system that is connected to 1,427
a coal-fired electric generating unit and that either was placed 1,428
in service prior to the effective date of this section JULY 10, 1,430
1991, or construction of which was commenced prior to the 1,431
effective THAT date of this section;
(b) Facilities or equipment that is acquired, constructed, 1,433
or installed, and used, at a coal-fired electric generating unit 1,434
primarily for the purpose of handling the byproducts produced by 1,435
a compliance facility or other coal combustion byproducts 1,436
produced by the generating unit in or to which the compliance 1,437
facility is incorporated or connected. 1,438
(2) "Ohio coal" has the same meaning as in section 4913.01 1,440
of the Revised Code. 1,441
(B) An electric company shall be allowed a credit against 1,443
the tax computed under section 5727.38 of the Revised Code for 1,444
using Ohio coal in any of its coal-fired electric generating 1,445
units. The credit shall be claimed in the company's annual 1,446
statement required under division (A) of section 5727.31 of the 1,447
Revised Code at the rate of one dollar THREE DOLLARS per ton of 1,448
Ohio coal burned, during the same twelve-month period used in 1,450
determining gross receipts AND ON OR AFTER JANUARY 1, 2000, in a 1,451
coal-fired electric generating unit under all BOTH of the 1,453
following conditions:
(1) The coal-fired electric generating unit is owned by 1,455
the company claiming the credit or leased by that company under a 1,456
34
sale and leaseback transaction; 1,457
(2) A compliance facility is attached to, incorporated in, 1,459
or used in conjunction with the coal-fired generating unit; 1,460
(3) Either of the following applies: 1,462
(a) In the case of a coal-fired electric generating unit 1,464
that burns coal in combination with another fuel for the purpose 1,465
of complying with Phase I acid rain control requirements under 1,466
Title IV of the "Clean Air Act Amendments of 1990," 104 Stat. 1,467
2584, 42 U.S.C.A. 7651, at least eighty per cent of the heat 1,468
input during the period is from Ohio coal; 1,469
(b) In the case of any other coal-fired electric 1,471
generating unit, at least ninety per cent of the heat input 1,472
during the period is from Ohio coal. 1,473
(C) If the credit allowed under this section exceeds the 1,475
total taxes due for the current year, the tax commissioner shall 1,476
credit the excess against the taxes due for succeeding years 1,477
until the full amount of the credit is granted. 1,478
The sum of the credits allowed for coal burned in each 1,480
coal-fired electric generating unit shall not exceed twenty per 1,481
cent of the cost of the compliance facility attached to, 1,482
incorporated in, or used in conjunction with the unit. If a 1,483
compliance facility is used in conjunction with more than one 1,484
generating unit, the tax commissioner shall prorate its cost 1,485
among the units. 1,486
(D) The director of environmental protection, upon the 1,488
request of the tax commissioner, shall certify whether a facility 1,489
is a compliance facility. In the case of a compliance facility 1,490
owned by an electric company, the public utilities commission 1,491
shall certify to the tax commissioner the cost of the facility as 1,492
of the date it was placed in service. In the case of a 1,493
compliance facility owned by a person other than an electric 1,494
company, the tax commissioner shall determine the cost of the 1,495
facility as of the date it was placed in service; if the owner of 1,496
such a facility fails to furnish the information necessary to 1,497
35
make that determination, no credit shall be allowed. 1,498
Sec. 5733.39. (A) AS USED IN THIS SECTION: 1,501
(1) "COMPLIANCE FACILITY" MEANS PROPERTY THAT IS DESIGNED, 1,503
CONSTRUCTED, OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC 1,504
GENERATING FACILITY FOR THE PRIMARY PURPOSE OF COMPLYING WITH 1,506
PHASE I ACID RAIN CONTROL REQUIREMENTS UNDER TITLE IV OF THE 1,508
"CLEAN AIR ACT AMENDMENTS OF 1990," 104 STAT. 2584, 42 U.S.C.A. 1,509
7651, AND THAT CONTROLS OR LIMITS EMISSIONS OF SULFUR OR NITROGEN 1,510
COMPOUNDS RESULTING FROM THE COMBUSTION OF COAL THROUGH THE 1,511
REMOVAL OR REDUCTION OF THOSE COMPOUNDS BEFORE, DURING, OR AFTER 1,512
THE COMBUSTION OF THE COAL, BUT BEFORE THE COMBUSTION PRODUCTS 1,513
ARE EMITTED INTO THE ATMOSPHERE. "COMPLIANCE FACILITY" ALSO 1,514
INCLUDES ANY OF THE FOLLOWING: 1,515
(a) A FACILITY THAT REMOVES SULFUR COMPOUNDS FROM COAL 1,517
BEFORE THE COMBUSTION OF THE COAL AND THAT IS LOCATED OFF THE 1,518
PREMISES OF THE ELECTRIC GENERATING FACILITY WHERE THE COAL 1,519
PROCESSED BY THE COMPLIANCE FACILITY IS BURNED; 1,520
(b) MODIFICATIONS TO THE ELECTRIC GENERATING FACILITY 1,522
WHERE THE COMPLIANCE FACILITY IS CONSTRUCTED OR INSTALLED THAT 1,523
ARE NECESSARY TO ACCOMMODATE THE CONSTRUCTION OR INSTALLATION, 1,524
AND OPERATION, OF THE COMPLIANCE FACILITY; 1,525
(c) A BYPRODUCT DISPOSAL FACILITY, AS DEFINED IN SECTION 1,527
3734.051 OF THE REVISED CODE, THAT EXCLUSIVELY DISPOSES OF WASTES 1,528
PRODUCED BY THE COMPLIANCE FACILITY AND OTHER COAL COMBUSTION 1,529
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,530
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED REGARDLESS OF 1,531
WHETHER THE BYPRODUCT DISPOSAL FACILITY IS LOCATED ON THE SAME 1,532
PREMISES AS THE COMPLIANCE FACILITY OR GENERATING UNIT THAT 1,533
PRODUCES THE WASTES DISPOSED OF AT THE FACILITY; 1,534
(d) FACILITIES OR EQUIPMENT THAT IS ACQUIRED, CONSTRUCTED, 1,536
OR INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING 1,537
FACILITY EXCLUSIVELY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS 1,538
PRODUCED BY THE COMPLIANCE FACILITY OR OTHER COAL COMBUSTION 1,539
BYPRODUCTS PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE 1,540
36
COMPLIANCE FACILITY IS INCORPORATED OR CONNECTED; 1,541
(e) A FLUE GAS DESULFURIZATION SYSTEM THAT IS CONNECTED TO 1,544
A COAL-FIRED ELECTRIC GENERATING UNIT AND THAT EITHER WAS PLACED 1,545
IN SERVICE PRIOR TO JULY 10, 1991, OR CONSTRUCTION OF WHICH WAS 1,546
COMMENCED PRIOR TO THAT DATE;
(f) FACILITIES OR EQUIPMENT ACQUIRED, CONSTRUCTED, OR 1,549
INSTALLED, AND USED, AT A COAL-FIRED ELECTRIC GENERATING UNIT
PRIMARILY FOR THE PURPOSE OF HANDLING THE BYPRODUCTS PRODUCED BY 1,550
A COMPLIANCE FACILITY OR OTHER COAL COMBUSTION BYPRODUCTS 1,551
PRODUCED BY THE GENERATING UNIT IN OR TO WHICH THE COMPLIANCE 1,552
FACILITY IS INCORPORATED OR CONNECTED. 1,553
(2) "OHIO COAL" HAS THE SAME MEANING AS IN SECTION 4913.01 1,556
OF THE REVISED CODE. 1,557
(3) "SALE AND LEASEBACK TRANSACTION" HAS THE SAME MEANING 1,559
AS IN SECTION 5727.01 OF THE REVISED CODE. 1,562
(B) AN ELECTRIC COMPANY SHALL BE ALLOWED A NONREFUNDABLE 1,565
CREDIT AGAINST THE TAX IMPOSED BY SECTION 5733.06 OF THE REVISED 1,567
CODE FOR OHIO COAL USED IN ANY OF ITS COAL-FIRED ELECTRIC 1,570
GENERATING UNITS AFTER APRIL 30, 2001, BUT BEFORE JANUARY 1, 1,571
2005. SECTION 5733.057 OF THE REVISED CODE SHALL APPLY WHEN 1,574
CALCULATING THE CREDIT ALLOWED BY THIS SECTION. THE CREDIT SHALL 1,576
BE CLAIMED AT THE RATE OF THREE DOLLARS PER TON OF OHIO COAL 1,577
BURNED IN A COAL-FIRED ELECTRIC GENERATING UNIT DURING THE 1,578
TAXABLE YEAR ENDING IMMEDIATELY PRECEDING THE TAX YEAR. THE 1,579
CREDIT IS ALLOWED ONLY IF BOTH OF THE FOLLOWING CONDITIONS ARE 1,580
MET DURING SUCH TAXABLE YEAR: 1,581
(1) THE COAL-FIRED ELECTRIC GENERATING UNIT IS OWNED AND 1,583
USED BY THE COMPANY CLAIMING THE CREDIT OR LEASED AND USED BY 1,584
THAT COMPANY UNDER A SALE AND LEASEBACK TRANSACTION. 1,585
(2) A COMPLIANCE FACILITY IS ATTACHED TO, INCORPORATED IN, 1,588
OR USED IN CONJUNCTION WITH THE COAL-FIRED GENERATING UNIT. 1,589
(C) THE CREDIT SHALL BE CLAIMED IN THE ORDER REQUIRED 1,592
UNDER SECTION 5733.98 OF THE REVISED CODE. THE TAXPAYER MAY 1,594
CARRY FORWARD ANY CREDIT AMOUNT IN EXCESS OF ITS TAX DUE AFTER 1,595
37
ALLOWING FOR ANY OTHER CREDITS THAT PRECEDE THE CREDIT ALLOWED 1,596
UNDER THIS SECTION IN THE ORDER REQUIRED UNDER SECTION 5733.98 OF 1,597
THE REVISED CODE. THE EXCESS CREDIT MAY BE CARRIED FORWARD FOR 1,599
THREE YEARS FOLLOWING THE TAX YEAR FOR WHICH IT IS CLAIMED UNDER 1,600
THIS SECTION.
(D) THE DIRECTOR OF ENVIRONMENTAL PROTECTION, UPON THE 1,603
REQUEST OF THE TAX COMMISSIONER, SHALL CERTIFY WHETHER A FACILITY 1,604
IS A COMPLIANCE FACILITY. IN THE CASE OF A COMPLIANCE FACILITY 1,605
OWNED BY AN ELECTRIC COMPANY, THE PUBLIC UTILITIES COMMISSION 1,606
SHALL CERTIFY TO THE TAX COMMISSIONER THE COST OF THE FACILITY AS 1,607
OF THE DATE IT WAS PLACED IN SERVICE. IN THE CASE OF A 1,608
COMPLIANCE FACILITY OWNED BY A PERSON OTHER THAN AN ELECTRIC 1,609
COMPANY, THE TAX COMMISSIONER SHALL DETERMINE THE COST OF THE 1,610
FACILITY AS OF THE DATE IT WAS PLACED IN SERVICE. IF THE OWNER 1,611
OF SUCH A FACILITY FAILS TO FURNISH THE INFORMATION NECESSARY TO 1,612
MAKE THAT DETERMINATION, NO CREDIT SHALL BE ALLOWED. 1,613
Sec. 6111.044. Upon receipt of an application for an 1,623
injection well drilling permit, an injection well operating 1,624
permit, a renewal of an injection well operating permit, or a 1,625
modification of an injection well drilling permit, operating 1,626
permit, or renewal of an operating permit, the director of 1,627
environmental protection shall determine whether the application 1,628
is complete and demonstrates that the activities for which the 1,629
permit, renewal permit, or modification is requested will comply 1,630
with the "Federal Water Pollution Control Act" and regulations 1,631
adopted under it; the "Safe Drinking Water Act," 88 Stat. 1661 1,632
(1974), 42 U.S.C.A. 300(f), as amended, and regulations adopted 1,633
under it; and this chapter and the rules adopted under it. If 1,634
the application demonstrates that the proposed activities will 1,635
not comply or will pose an unreasonable risk of inducing seismic 1,636
activity, inducing geologic fracturing, or contamination of an 1,637
underground source of drinking water, he THE DIRECTOR shall deny 1,638
the application. If the application does not make the required 1,640
demonstrations, he THE DIRECTOR shall return it to the applicant 1,641
38
with an indication of those matters about which a required 1,643
demonstration was not made. If he THE DIRECTOR determines that 1,644
the application makes the required demonstrations, he THE 1,646
DIRECTOR shall transmit copies of the application and all of the 1,648
accompanying maps, data, samples, and information to the chief of 1,649
the division of oil and gas, the chief of the division of 1,650
geological survey, the chief of the division of water, and, if 1,651
the well is or is to be located in a coal-bearing township, the 1,652
chief of the division of mines and reclamation IN THE DEPARTMENT 1,653
OF NATURAL RESOURCES.
The chief of the division of geological survey shall 1,655
comment upon the application if he THE CHIEF determines that the 1,656
proposed well or injection will present an unreasonable risk of 1,658
loss or damage to valuable mineral resources. If the chief 1,659
submits comments on the application, those comments shall be 1,660
accompanied by an evaluation of the geological factors upon which 1,661
the comments are based, including fractures, faults, earthquake 1,662
potential, and the porosity and permeability of the injection 1,663
zone and confining zone, and by the documentation supporting the 1,664
evaluation. The director shall take into consideration the 1,665
chief's comments, and the accompanying evaluation of geologic 1,666
factors and supporting documentation, when considering the 1,667
application. The director shall provide written notice to the 1,668
chief of his THE DIRECTOR'S decision on the application and, if 1,669
the chief's comments are not included in the permit, renewal 1,671
permit, or modification, of the director's rationale for not 1,672
including them.
The chief of the division of oil and gas shall comment upon 1,674
the application if he THE CHIEF determines that the proposed well 1,676
or injection will present an unreasonable risk that waste or 1,677
contamination of recoverable oil or gas in the earth will occur. 1,678
If the chief submits comments on the application, those comments 1,679
shall be accompanied by an evaluation of the oil or gas reserves 1,680
that, in the best professional judgment of the chief, are 1,681
39
recoverable and will be adversely affected by the proposed well 1,682
or injection, and by the documentation supporting the evaluation. 1,683
The director shall take into consideration the chief's comments, 1,684
and the accompanying evaluation and supporting documentation, 1,685
when considering the application. The director shall provide 1,686
written notice to the chief of his THE DIRECTOR'S decision on the 1,688
application and, if the chief's comments are not included in the 1,689
permit, renewal permit, or modification, of the director's 1,690
rationale for not including them. 1,691
The chief of the division of water shall assist the 1,693
director in determining whether all underground sources of 1,694
drinking water in the area of review of the proposed well or 1,695
injection have been identified and correctly delineated in the 1,696
application. If the application fails to identify or correctly 1,697
delineate any such AN underground source of drinking water, the 1,698
chief shall provide written notice of that fact to the director. 1,699
The chief of the division of mines and reclamation shall 1,701
review the application as follows: 1,702
If the application concerns the drilling or conversion of a 1,704
well or the injection into a well which THAT is not or is not to 1,705
be located within five thousand feet of the excavation and 1,706
workings of a mine, the chief of the division of mines and 1,708
reclamation shall note upon the application that it has been 1,709
examined by the division of mines and reclamation, retain a copy 1,711
of the application and map, and immediately return a copy of the 1,712
application to the director.
If the application concerns the drilling or conversion of a 1,714
well or the injection into a well which THAT is or is to be 1,715
located within five thousand feet, but more than five hundred 1,717
feet from the surface excavations and workings of a mine, the 1,718
chief of the division of mines and reclamation shall immediately 1,720
SHALL notify the owner or lessee of the mine that the application 1,721
has been filed and send to the owner or lessee a copy of the map 1,722
accompanying the application setting forth the location of the 1,723
40
well. The chief of the division of mines and reclamation shall 1,724
note on the application that the notice has been sent to the 1,726
owner or lessee of the mine, retain a copy of the application and 1,727
map, and immediately return a copy of the application to the 1,728
director with his THE CHIEF'S notation thereon ON IT. 1,729
If the application concerns the drilling or conversion of a 1,731
well or the injection into a well which THAT is or is to be 1,732
located within five thousand feet of the underground excavations 1,734
and workings of a mine or within five hundred feet of the surface 1,735
excavations and workings of a mine, the chief of the division of 1,737
mines and reclamation shall immediately SHALL notify the owner or 1,738
lessee of the mine that the application has been filed and send 1,739
to the owner or lessee a copy of the map accompanying the 1,740
application setting forth the location of the well. If the owner 1,741
or lessee objects to the application, he THE OWNER OR LESSEE 1,742
shall notify the chief of the division of mines and reclamation 1,744
of the objection, giving the reasons therefor, within six days 1,745
after the receipt of the notice. If the chief of the division of 1,746
mines and reclamation receives no objections from the owner or 1,747
lessee of the mine within ten days after the receipt of the 1,748
notice by the owner or lessee, or if in the opinion of the chief 1,749
of the division of mines and reclamation the objections offered 1,750
by the owner or lessee are not sufficiently well-founded, he THE 1,752
CHIEF shall retain a copy of the application and map and return a 1,754
copy of the application to the director with any applicable notes 1,755
concerning it.
If the chief of the division of mines and reclamation 1,757
receives an objection from the owner or lessee of the mine as to 1,758
the application, within ten days after receipt of the notice by 1,759
the owner or lessee, and if in the opinion of the chief the 1,760
objection is well-founded, he THE CHIEF shall disapprove the 1,761
application and immediately return it to the director together 1,763
with his THE CHIEF'S reasons for the disapproval. The director 1,765
shall promptly SHALL notify the applicant for the permit, renewal 1,767
41
permit, or modification, of the disapproval. The applicant may 1,768
appeal the disapproval of the application by the chief of the 1,769
division of mines and reclamation to the mine examining board 1,770
created under section 1561.10 of the Revised Code, AND THE BOARD 1,772
SHALL HEAR THE APPEAL IN ACCORDANCE WITH SECTION 1561.53 OF THE 1,773
REVISED CODE. The appeal shall be filed within thirty days from
the date the applicant receives notice of the disapproval. No 1,774
comments concerning or disapproval of an application shall be 1,775
delayed by the chief of the division of mines and reclamation for 1,776
more than fifteen days from the date of sending of notice to the 1,777
mine owner or lessee as required by this section. 1,778
The director shall not approve an application for an 1,780
injection well drilling permit, an injection well operating 1,781
permit, a renewal of an injection well operating permit, or a 1,782
modification of an injection well drilling permit, operating 1,783
permit, or renewal of an operating permit for a well which THAT 1,784
is or is to be located within three hundred feet of any opening 1,785
of any mine used as a means of ingress, egress, or ventilation 1,786
for persons employed therein IN THE MINE, nor within one hundred 1,787
feet of any building or flammable structure connected therewith 1,788
WITH THE MINE and actually used as a part of the operating 1,789
equipment of the mine, unless the chief of the division of mines 1,791
and reclamation determines that life or property will not be 1,793
endangered by drilling and operating the well in that location. 1,794
Upon review by the chief of the division of oil and gas, 1,796
the chief of the division of geological survey, and the chief of 1,797
the division of water, and if the chief of the division of mines 1,799
and reclamation has not disapproved the application, the director 1,800
shall issue a permit, renewal permit, or modification with such 1,801
ANY terms and conditions as THAT may be necessary to comply with 1,802
the "Federal Water Pollution Control Act" and regulations adopted 1,804
under it; the "Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 1,805
U.S.C.A. 300(f) as amended, and regulations adopted under it; and 1,806
this chapter and the rules adopted under it. The director shall 1,807
42
not issue a permit, renewal permit, or modification to an 1,808
applicant if the applicant or persons associated with the 1,809
applicant have engaged in or are engaging in a substantial 1,810
violation of this chapter that is endangering or may endanger 1,811
human health or the environment or if, in the case of an 1,812
applicant for an injection well drilling permit, the applicant, 1,813
at the time of applying for the permit, did not hold an injection 1,814
well operating permit or renewal of an injection well drilling 1,815
permit and failed to demonstrate sufficient expertise and 1,816
competency to operate the well in compliance with the applicable 1,817
provisions of this chapter. 1,818
If the director receives a disapproval from the chief of 1,820
the division of mines and reclamation regarding an application 1,822
for an injection well drilling or operating permit, renewal 1,823
permit, or modification, if required, he THE DIRECTOR shall issue 1,824
an order denying the application. 1,826
The director need not issue a proposed action under section 1,828
3745.07 of the Revised Code or hold an adjudication hearing under 1,829
that section and Chapter 119. of the Revised Code before issuing 1,830
or denying a permit, renewal permit, or modification of a permit 1,831
or renewal permit. Before issuing or renewing a permit to drill 1,832
or operate a class I injection well or a modification thereof OF 1,833
IT, the director shall propose the permit, renewal permit, or 1,834
modification in draft form and shall hold a public hearing to 1,835
receive public comment on the draft permit, renewal permit, or 1,836
modification. At least fifteen days before the public hearing on 1,837
a draft permit, renewal permit, or modification, the director 1,838
shall publish notice of the date, time, and location of the 1,839
public hearing in at least one newspaper of general circulation 1,840
serving the area where the well is or is to be located. The 1,841
proposing of such a draft permit, renewal permit, or modification 1,842
does not constitute the issuance of a proposed action under 1,843
section 3745.07 of the Revised Code, and the holding of the 1,844
public hearing on such a draft permit, renewal permit, or 1,845
43
modification does not constitute the holding of an adjudication 1,846
hearing under that section and Chapter 119. of the Revised Code. 1,847
Appeals of orders other than orders of the chief of the division 1,849
of mines and reclamation shall be taken under sections 3745.04 to 1,850
3745.08 of the Revised Code. 1,851
The director may order that an injection well drilling 1,853
permit or an injection well operating permit or renewal permit be 1,854
suspended and that activities thereunder UNDER IT cease if he 1,855
determines AFTER DETERMINING that those activities are occurring 1,856
in violation of law, rule, order, or term or condition of the 1,859
permit. Upon service of a copy of the order upon the permit 1,860
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,862
the permit and activities thereunder UNDER IT shall be 1,863
immediately suspended IMMEDIATELY without prior hearing and shall 1,864
remain suspended until the violation is corrected and the order 1,865
of suspension is lifted. If a violation is the second within a 1,866
one-year period, the director, after a hearing, may revoke the 1,867
permit. 1,868
The director may order that an injection well drilling 1,870
permit or an injection well operating permit or renewal permit be 1,871
suspended and that activities thereunder UNDER IT cease if he THE 1,873
DIRECTOR has reasonable cause to believe that the permit would 1,874
not have been issued if the information available at the time of 1,875
suspension had been available at the time a determination was 1,876
made by one of the agencies acting under authority of this 1,877
section. Upon service of a copy of the order upon the permit 1,878
holder, his OR THE PERMIT HOLDER'S authorized agent, or assignee, 1,880
the permit and activities thereunder UNDER IT shall be 1,881
immediately suspended IMMEDIATELY without prior hearing, but a 1,882
permit may not be suspended for that reason without prior hearing 1,883
unless immediate suspension is necessary to prevent waste or 1,884
contamination of oil or gas, comply with the "Federal Water 1,885
Pollution Control Act" and regulations adopted under it; the 1,886
"Safe Drinking Water Act," 88 Stat. 1661 (1974), 42 U.S.C.A. 1,887
44
300(f), as amended, and regulations adopted under it; and this 1,888
chapter and the rules adopted under it, or prevent damage to 1,889
valuable mineral resources, prevent contamination of an 1,890
underground source of drinking water, or prevent danger to human 1,891
life or health. If after a hearing the director determines that 1,892
the permit would not have been issued if the information 1,893
available at the time of the hearing had been available at the 1,894
time a determination was made by one of the agencies acting under 1,895
authority of this section, he THE DIRECTOR shall revoke the 1,896
permit. 1,897
When a permit has been revoked, the permit holder or other 1,899
person responsible therefor shall FOR IT immediately SHALL plug 1,901
the well in the manner required by the director.
The director may issue orders to prevent or require 1,903
cessation of violations of this section, section 6111.043, 1,904
6111.045, 6111.046, or 6111.047 of the Revised Code, rules 1,905
adopted thereunder UNDER ANY OF THOSE SECTIONS, and terms or 1,906
conditions of permits issued thereunder UNDER ANY OF THEM. Such 1,908
THE orders may require the elimination of conditions caused by 1,910
the violation.
Section 2. That existing sections 1509.08, 1513.13, 1,912
1561.10, 1561.35, 1561.51, 1563.13, 1565.15, 5727.391, and 1,913
6111.044 and sections 1561.41, 1561.42, 1561.43, 1561.44, 1,915
1565.17, 1565.18, 1565.19, 1565.20, 1565.21, 1565.22, 1565.23, 1,916
1567.28, 1567.29, 1567.37, 1567.56, 1567.64, and 5733.39, and 1,917
section 4909.15 of the Revised Code as amended by Am. Sub. S.B. 3
of the 123rd General Assembly are hereby repealed. 1,918
Section 3. The enactment by this act of amendments to 1,920
section 1561.10 of the Revised Code regarding the qualifications 1,922
of members of the Mine Examining Board is not intended to require 1,923
the replacement of members of the board on the effective date of 1,924
this act, but to establish requirements for filling vacancies 1,925
occurring in the board's membership on and after the effective 1,926
date of this act.
45
Section 4. (A) The amendment by this act of section 1,929
5727.391 of the Revised Code increasing the per-ton credit for 1,930
burning Ohio coal applies to Ohio coal burned on or after January 1,932
1, 2000, and on or before April 30, 2001. The tax credit claimed 1,933
for the twelve-month period ending April 30, 2000, shall be 1,934
adjusted so that the credit equals one dollar per ton for Ohio 1,935
coal burned on or before December 31, 1999, of that twelve-month 1,936
period, and three dollars per ton for Ohio coal burned on or 1,937
after January 1, 2000.
(B) The amendment of section 5727.391 of the Revised Code 1,939
and the repeal of the existing version of that section by this 1,940
act does not affect the delayed repeal of that section by Section 1,941
8 of Am. Sub. S.B. 3 of the 123rd General Assembly. Section 1,942
5727.391 of the Revised Code, as amended by this act, shall be 1,943
repealed as provided in Section 8 of Am. Sub. S.B. 3 of the 123rd 1,944
General Assembly. 1,945
Section 5. The repeal and reenactment by this act of 1,947
section 5733.39 of the Revised Code takes effect January 1, 2002, 1,948
and applies to Ohio coal burned after April 30, 2001, but before 1,949
January 1, 2005, notwithstanding Section 12 of Am. Sub. S.B. 3 of 1,951
the 123rd General Assembly.
Section 6. The amendment by this act of section 4909.15 of 1,953
the Revised Code, as amended by Am. Sub. S.B. 3 of the 123rd 1,954
General Assembly, is contingent on Am. Sub. S.B. 3 of the 123rd 1,955
General Assembly becoming law.
Section 7. Section 1565.15 of the Revised Code is 1,957
presented in this act as a composite of the section as amended by 1,958
both Am. Sub. S.B. 150 and Am. Sub. S.B. 162 of the 121st General 1,959
Assembly, with the new language of neither of the acts shown in 1,961
capital letters. This is in recognition of the principle stated 1,962
in division (B) of section 1.52 of the Revised Code that such 1,963
amendments are to be harmonized where not substantively 1,964
irreconcilable and constitutes a legislative finding that such is 1,965
the resulting version in effect prior to the effective date of 1,966
46
this act.