REPRESENTATIVES Olman, Driehaus, Strahorn, Carmichael, Distel, Hartnett, G. Smith, Niehaus, Schmidt

To amend sections 4906.06, 4906.08, 4906.10, 4906.98,

1

and 4906.99 and to enact section 4906.97 of the

2

Revised Code to change filing and notice timelines

3

for applications filed with the Power Siting

4

Board; to modify approval standards regarding a

5

major electric generating facility; to authorize

6

the Board or its chairperson to order the

7

suspension of an activity during the Board's

8

consideration of a complaint about the activity;

9

and to authorize the Board to impose a forfeiture

10

for a violation of power siting law.

11

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

Section 1. That sections 4906.06, 4906.08, 4906.10, 4906.98,	12
and 4906.99 be amended and section 4906.97 of the Revised Code be	13
enacted to read as follows:	14

Sec. 4906.06.  (A) An applicant for a certificate shall file	15
with the office of the chairmanchairperson of the power siting	16
board an application, in such form as the board prescribes,	17
containing the following information:	18

(1) A description of the location and of the major utility	19
facility to be built thereon;	20

(2) A summary of any studies whichthat have been made by or	21
for the applicant of the environmental impact of the facility;	22

(3) A statement explaining the need for the facility;

23

(4) A statement of the reasons why the proposed location is	24
best suited for the facility;	25

(5) A statement of how the facility fits into the applicant's	26
forecast contained in the report submitted under section 4935.04	27
of the Revised Code;	28

(6) Such other information as the applicant may consider	29
relevant or as the board may by rule or order may require. Copies	30
of the studies referred to in division (A)(2) of this section	31
shall be filed with the office of the chairmanchairperson, if	32
ordered, and shall be available for public inspection.	33

The application shall be filed not less than two years,	34
except one year in the case of transmission lines, nor more than	35
five years prior to the planned date of commencement of	36
construction. SuchEither period may be waived by the board for	37
unforeseen emergenciesgood cause shown.	38

(B) Each application shall be accompanied by proof of service	39
of a copy of such application on the chief executive officer of	40
each municipal corporation and county, and the head of each public	41
agency charged with the duty of protecting the environment or of	42
planning land use, in the area in which any portion of such	43
facility is to be located.	44

(C) Each applicant shall within sevenfifteen days after the	45
date of the filing of the application shall give public notice to	46
persons residing in the municipal corporations and counties	47
entitled to receive notice under division (B) of this section, by	48
the publication of a summary of the application in newspapers of	49
general circulation in such area. Proof of such publication shall	50
be filed with the office of the chairmanchairperson.	51

(D) Inadvertent failure of service on, or notice to, any of	52
the persons identified in divisions (B) and (C) of this section	53
may be cured pursuant to orders of the board designed to afford	54
them adequate notice to enable them to participate effectively in	55
the proceeding. In addition, the board may, after filing, may	56
require the applicant to serve notice of the application or copies	57
thereof or both upon such other persons, and file proof thereof,	58
as the board considers appropriate.	59

(E) An application for an amendment of a certificate shall be	60
in such form and contain such information as the board prescribes.	61
Notice of such an application shall be given as required in	62
divisions (B) and (C) of this section.	63

(F) Each application for certificate or an amendment shall be	64
accompanied by the application fee prescribed by board rule. All	65
application fees, supplemental application fees, and other fees	66
collected by the board shall be deposited in the state treasury to	67
the credit of the power siting board fund, which is hereby	68
created. The chairmanchairperson shall administer and authorize	69
expenditures from the fund for any of the purposes of this	70
chapter. If the chairmanchairperson determines that moneys	71
credited to the fund from an applicant's fee are not sufficient to	72
pay the board's expenses associated with its review of the	73
application, hethe chairperson shall request the approval of the	74
controlling board to assess a supplemental application fee upon an	75
applicant to pay anticipated additional expenses associated with	76
the board's review of the application or an amendment to an	77
application. If the chairmanchairperson finds that an application	78
fee exceeds the amount needed to pay the board's expenses for	79
review of the application, hethe chairperson shall cause a refund	80
of the excess amount to be issued to the applicant from the fund.	81

Sec. 4906.08.  (A) The parties to a certification proceeding	82
shall include:	83

(1) The applicant;

84

(2) Each person entitled to receive service of a copy of the	85
application under division (B) of section 4906.06 of the Revised	86
Code, if itthe person has filed with the power siting board a	87
notice of intervention as a party, within thirty days after the	88
date itthe person was served with a copy of the application;	89

(3) Any person residing in a municipal corporation or county	90
entitled to receive service of a copy of the application under	91
division (B) of section 4906.06 of the Revised Code; and any other	92
person, if such athe person has petitioned the board for leave to	93
intervene as a party within thirty days after the date of	94
publication of the notice required by division (C) of section	95
4906.06 of the Revised Code, and if suchthat petition has been	96
granted by the board for good cause shown.	97

(B) The board may, in extraordinary circumstances for good	98
cause shown, may grant a petition, for leave to intervene as a	99
party to participate in subsequent phases of the proceeding, that	100
is filed by a person identified in division (A)(2) or (3) of this	101
section, but whothat failed to file a timely notice of	102
intervention or petition for leave to intervene, as the case may	103
be.	104

(C) The board shall accept written or oral testimony from any	105
person at the public hearing, but the right to call and examine	106
witnesses shall be reserved for parties. However, the board may	107
adopt rules to exclude repetitive, immaterial, or irrelevant	108
testimony.	109

Sec. 4906.10.  (A) The power siting board shall render a	110
decision upon the record either granting or denying the	111
application as filed, or granting it upon such terms, conditions,	112
or modifications of the construction, operation, or maintenance of	113
the major utility facility as the board considers appropriate.	114
The certificate shall be conditioned upon the facility being in	115
compliance with standards and rules adopted under sections	116
1501.33, 1501.34, and 4561.32 and Chapters 3704., 3734., and 6111.	117
of the Revised Code. The period of initial operation under a	118
certificate shall expire two years after the date on which	119
electric power is first generated by the facility. During the	120
period of initial operation, the facility shall be subject to the	121
enforcement and monitoring powers of the director of environmental	122
protection under Chapters 3704., 3734., and 6111. of the Revised	123
Code and to the emergency provisions under those chapters. If a	124
major utility facility constructed in accordance with the terms	125
and conditions of its certificate is unable to operate in	126
compliance with all applicable requirements of state laws, rules,	127
and standards pertaining to air pollution, the facility may apply	128
to the director of environmental protection for a conditional	129
operating permit under division (G) of section 3704.03 of the	130
Revised Code and the rules adopted thereunder. The operation of a	131
major utility facility in compliance with a conditional operating	132
permit is not in violation of its certificate. After the	133
expiration of the period of initial operation of a major utility	134
facility, the facility shall be under the jurisdiction of the	135
environmental protection agency and shall comply with all laws,	136
rules, and standards pertaining to air pollution, water pollution,	137
and solid and hazardous waste disposal.	138

The board shall not grant a certificate for the construction,	139
operation, and maintenance of a major utility facility, either as	140
proposed or as modified by the board, unless it finds and	141
determines all of the following:	142

(1) The basis of the need for the facility. Inif the case of	143
a major utility facility described in division (B)(1) of section	144
4906.01 of the Revised Code to be constructed on or after the	145
effective date of this amendment, the board shall presume the need	146
for the facility as that need is stated in an application pursuant	147
to division (A)(3) of section 4906.06 of the Revised Code.is an	148
electric transmission line or gas or natural gas transmission	149
line;	150

(2) The nature of the probable environmental impact;

151

(3) That the facility represents the minimum adverse	152
environmental impact, considering the state of available	153
technology and the nature and economics of the various	154
alternatives, and other pertinent considerations;	155

(4) In the case of an electric transmission line or	156
generating facility, that the facility is consistent with regional	157
plans for expansion of the electric power grid of the electric	158
systems serving this state and interconnected utility systems and	159
that the facility will serve the interests of electric system	160
economy and reliability;	161

(5) That the facility will comply with Chapters 3704., 3734.,	162
and 6111. of the Revised Code and all rules and standards adopted	163
under those chapters and under sections 1501.33, 1501.34, and	164
4561.32 of the Revised Code. In determining whether the facility	165
will comply with all rules and standards adopted under section	166
4561.32 of the Revised Code, the board shall consult with the	167
office of aviation of the division of multi-modal planning and	168
programs of the department of transportation under section	169
4561.341 of the Revised Code.	170

(6) That the facility will serve the public interest,	171
convenience, and necessity;	172

(7) In addition to the provisions contained in divisions	173
(A)(1) to (6) of this section and rules adopted under those	174
divisions, what its impact will be on the viability as	175
agricultural land of any land in an existing agricultural district	176
established under Chapter 929. of the Revised Code that is located	177
within the site and alternative site of the proposed major utility	178
facility. Rules adopted to evaluate impact under division (A)(7)	179
of this section shall not require the compilation, creation,	180
submission, or production of any information, document, or other	181
data pertaining to land not located within the site and	182
alternative site.	183

(8) That the facility incorporates maximum feasible water	184
conservation practices as determined by the board, considering	185
available technology and the nature and economics of the various	186
alternatives.	187

(B) If the board determines that the location of all or a	188
part of the proposed facility should be modified, it may condition	189
its certificate upon that modification, provided that the	190
municipal corporations and counties, and persons residing therein,	191
affected by the modification shall have been given reasonable	192
notice thereof.	193

(C) A copy of the decision and any opinion issued therewith	194
shall be served upon each party.	195

Sec. 4906.97.  (A) Upon a finding by the power siting board	196
that there are reasonable grounds to believe that a person has	197
violated a provision of section 4906.98 of the Revised Code, the	198
board shall fix a time for hearing such complaint and shall notify	199
the person. The notice shall be served not less than fifteen days	200
before the date of hearing and shall state the matters that are	201
the subject of the complaint. Parties to the complaint are	202
entitled to be heard, to be represented by counsel, and to have	203
process to enforce the attendance of witnesses.	204

(B) The power siting board by order or its chairperson, with	205
written notice to the person and opportunity to respond, may	206
require that any activity that is the subject of a complaint under	207
division (A) of this section be suspended for the duration of the	208
board's consideration of the complaint. Upon a showing by the	209
party against which the complaint was filed that all matters have	210
been addressed satisfactorily, the chairperson shall terminate the	211
suspension.	212

(C) After notice and opportunity for hearing in accordance	213
with division (A) of this section and upon a finding by the board	214
that a person has violated a provision of section 4906.98 of the	215
Revised Code, the board by order may assess a forfeiture of not	216
more than five thousand dollars for each day of the violation, but	217
the aggregate of forfeitures for a related series of violations	218
shall not exceed one million dollars. In determining the amount of	219
any forfeiture, the board shall consider all of the following:	220

(1) The gravity of the violation;

221

(2) The person's history of prior violations;

222

(3) The person's good faith efforts to comply and undertake	223
corrective action;	224

(4) The person's ability to pay the forfeiture;

225

(5) The cost of the project;

226

(6) The effect of the forfeiture on the person's ability to	227
continue as an applicant;	228

(7) Such other matters as justice requires.

229

(D) The attorney general, upon written request of the board,	230
shall bring a civil action to recover any forfeiture assessed	231
under division (C) of this section but not paid, or to seek other	232
appropriate relief, including injunctive relief. The action shall	233
be brought in the court of common pleas of Franklin county. The	234
court shall give precedence to the action over all other cases.	235

(E) All forfeitures collected under division (C) or (D) of	236
this section shall be deposited into the state treasury to the	237
credit of the general revenue fund.	238

Sec. 4906.98. (A) No person shall willfully construct a major	239
utility facility without first obtaining a certificate.	240

(B) No person shall willfully construct, operate, or maintain	241
a major utility facility other than in compliance with the	242
certificate hethe person has obtained.	243

(C) No person shall fail to comply with any order issued	244
pursuant to this chapter or with a suspension otherwise required	245
under division (B) of section 4906.97 of the Revised Code.	246

Sec. 4906.99.  Whoever willfully violates any provision of	247
section 4906.98 of the Revised Code shallmay be fined not less	248
than one thousand dollars nor more than ten thousand dollars for	249
each day of violation, or imprisoned for not more than one year,	250
or both.	251

Section 2. That existing sections 4906.06, 4906.08, 4906.10,	252
4906.98, and 4906.99 of the Revised Code are hereby repealed.	253