REPRESENTATIVES Hollister, Cates, Aslanides, Lendrum, Hagan, Setzer, Carmichael, Niehaus

To amend section 3737.84 and to enact section 3745.31

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of the Revised Code to establish a five-year

2

statute of limitations for actions for civil or

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administrative penalties brought under certain

4

environmental laws, and to exempt certain

5

activities involving the dispensing of diesel fuel

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from the state fire code.

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

Section 1. That section 3737.84 be amended and section	8
3745.31 of the Revised Code be enacted to read as follows:	9

Sec. 3737.84.  (A) The state fire code adopted pursuant to	10
sections 3737.82 and 3737.83 of the Revised Code shall not contain	11
any provision as follows:	12

(1) Relating to the organization or structure of a municipal	13
or township fire department;	14

(2) Relating to structural building requirements covered by	15
the Ohio building code;	16

(3) WhichThat would cause an employer, in complying with it,	17
to be in violation withof the "Occupational Safety and Health Act	18
of 1970," 84 Stat. 1590, 29 U.S.C.A. 651, or the "Consumer Product	19
Safety Act of 1972," 86 Stat. 1207, 15 U.S.C.A. 2051;	20

(4) Regulating manufacturers or manufacturing facilities	21
with respect to occupational hazards where they are subject to	22
regulation by the federal occupational safety and health	23
administration;	24

(5) WhichThat is inconsistent with, or in conflict with,	25
regulations of the federal occupational safety and health	26
administration or the hazardous materials regulations of the	27
hazardous materials regulations board of the federal highway	28
administration, United States department of transportation, or the	29
public utilities commission;	30

(6) WhichThat establishes a minimum standard of flammability	31
for consumer goods in any area where the "Flammable Fabrics Act,"	32
81 Stat. 568 (1967), 15 U.S.C. 1191 authorizes the federal	33
government or any department or agency of the federal government	34
to establish national standards of flammability for consumer	35
goods;	36

(7) WhichThat establishes a health or safety standard for	37
the use of explosives in mining, for which the federal government	38
through its authorized agency sets health or safety standards	39
pursuant to section 6 of the "Federal Metal and Nonmetallic Mine	40
Safety Act of 1966," 80 Stat. 772, 30 U.S.C. 725, or section 101	41
of the "Federal Coal Mine Health and Safety Act of 1969," 83 Stat.	42
745, 30 U.S.C.A. 811;	43

(8) WhichThat is inconsistent with, or in conflict with,	44
section 3737.73 or Chapter 3743. of the Revised Code, or the rules	45
adopted pursuant to that chapter;	46

(9)(a) Restricting the dispensing of diesel fuel at a	47
terminal or bulk plant into a motor vehicle that is transporting	48
petroleum products or equipment essential to the operation of the	49
terminal or bulk plant, provided that the motor vehicle is owned	50
or leased by or operated under a contract with a person who has	51
been issued a motor fuel dealer's license under section 5735.02 of	52
the Revised Code;	53

(b) Authorizing the dispensing of any petroleum products at	54
a terminal or bulk plant from an above ground storage tank at the	55
terminal or bulk plant to a motor vehicle other than a motor	56
vehicle that is described in division (A)(9)(a) of this section or	57
to a member of the general public.	58

As used in this section, "terminal or bulk plant" means that	59
portion of a property where petroleum products are received by	60
tank vessels, pipelines, tank cars, or tank vehicles and are	61
stored or blended in bulk for the purpose of distributing the	62
petroleum products via tank vessel, pipeline, tank car, tank	63
vehicle, portable tank, or container.	64

(B) No penalty shall be imposed by the fire marshal on any	65
person for a violation of the state fire code if a penalty has	66
been imposed or an order issued by the federal government for a	67
violation of a similar provision contained in or adopted pursuant	68
to the federal acts referred to in this section, where the facts	69
whichthat constitute the violation of the state fire code are the	70
same as those whichthat constitute the violation or alleged	71
violation of the federal act.	72

Sec. 3745.31. (A) As used in this section, "environmental	73
law" means sections 903.08, 903.17, and 3737.87 to 3737.882 and	74
Chapters 3704., 3734., 3745., 3750., 3751., 3752., 3753., 6109.,	75
and 6111. of the Revised Code; any rule adopted under those	76
sections or chapters or adopted for the purpose of implementing	77
those sections or chapters; and any applicable provisions of	78
Chapter 3767. of the Revised Code when an environmentally related	79
nuisance action is brought.	80

(B)(1) Except as provided in division (B)(2) of this	81
section, any action under any environmental law for civil or	82
administrative penalties of any kind brought by any agency or	83
department of the state or by any other governmental authority	84
charged with enforcing environmental laws shall be commenced	85
within five years of the time when the agency, department, or	86
governmental authority actually knew or was informed of the	87
occurrence, omission, or facts on which the cause of action is	88
based.	89

(2) If an agency, department, or governmental authority	90
actually knew or was informed of an occurrence, omission, or facts	91
on which a cause of action is based prior to the effective date	92
of this section, the cause of action for civil or administrative	93
penalties of any kind for the alleged violation shall be commenced	94
not later than five years after the effective date of this	95
section.	96

(C) Division (B) of this section applies only if, during	97
the time periods established in that division, proper service of	98
process can be given in accordance with the Rules of Civil	99
Procedure and jurisdiction of a court in this state can be	100
obtained.	101

(D) The time periods established in division (B) of this	102
section may be tolled by mutual agreement between the enforcing	103
agency, department, or authority and the person who is subject to	104
a civil or administrative penalty of any kind under an	105
environmental law.	106

(E) When an action seeks injunctive relief or another	107
remedy in addition to a remedy of civil or administrative	108
penalties of any kind under an environmental law, division (B) of	109
this section applies only to the remedy of civil or administrative	110
penalties of any kind.	111

(F) Beginning on the first anniversary of the effective date	112
of this section and for four years thereafter, the director of	113
environmental protection and the fire marshal shall each annually	114
submit a report concerning the aggregate number of enforcement	115
cases that are based on occurrences, omissions, or facts about	116
which the director or the fire marshal actually knew or was	117
informed prior to the effective date of this section for which a	118
cause of action has not been brought pursuant to division (B)(2)	119
of this section as of the date of the report. The respective	120
reports submitted by the director and the fire marshal shall only	121
address the aggregate number of occurrences, omissions, or facts	122
under environmental laws concerning which the director or fire	123
marshal has regulatory authority. The respective reports	124
submitted by the director and the fire marshal shall not include	125
any names, addresses, or other identifying information. The	126
report shall be submitted to the speaker of the house of	127
representatives, the president of the senate, and the chairpersons	128
of the standing committees of the house of representatives and the	129
senate that are primarily responsible for considering	130
environmental issues.	131

Section 2.  That existing section 3737.84 of the Revised Code	132
is hereby repealed.	133