REPRESENTATIVES Niehaus, Reidelbach, Seitz, Webster, Gibbs, Husted, Peterson, Hoops, Carmichael, Blasdel, T. Patton, D. Evans, McGregor, Gilb, DeWine, Setzer, Willamowski, Raga, Schaffer, Book, Widowfield, Hollister, Callender, Cates, Flowers, Hagan, Walcher, Wolpert

To amend sections 303.211, 519.211, 1509.02, 1509.03,

1

1509.06, 1509.23, 1509.31, and 1510.11 and to

2

repeal section 1509.39 of the Revised Code to

3

declare that the Division of Mineral Resources

4

Management in the Department of Natural Resources

5

has exclusive authority to regulate the

6

permitting, location, and spacing of oil and gas

7

wells in the state, and to revise the laws

8

governing the drilling of oil and gas and the oil

9

and natural gas marketing program.

10

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

Section 1. That sections 303.211, 519.211, 1509.02, 1509.03,	11
1509.06, 1509.23, 1509.31, and 1510.11 of the Revised Code be	12
amended to read as follows:	13

Sec. 303.211.  (A) Except as otherwise provided in division	14
(B) or (C) of this section, sections 303.01 to 303.25 of the	15
Revised Code do not confer any power on any board of county	16
commissioners or board of zoning appeals in respect to the	17
location, erection, construction, reconstruction, change,	18
alteration, maintenance, removal, use, or enlargement of any	19
buildings or structures of any public utility or railroad, whether	20
publicly or privately owned, or the use of land by any public	21
utility or railroad for the operation of its business.	22

(B)(1) As used in this division, "telecommunications tower"	23
means any free-standing structure, or any structure to be attached	24
to a building or other structure, that meets all of the following	25
criteria:	26

(a) The free-standing or attached structure is proposed to be	27
constructed on or after October 31, 1996.	28

(b) The free-standing or attached structure is proposed to be	29
owned or principally used by a public utility engaged in the	30
provision of telecommunications services.	31

(c) The free-standing or attached structure is proposed to be	32
located in an unincorporated area of a township, in an area zoned	33
for residential use.	34

(d)(i) The free-standing structure is proposed to top at a	35
height that is greater than either the maximum allowable height of	36
residential structures within the zoned area as set forth in the	37
applicable zoning regulations, or the maximum allowable height of	38
such a free-standing structure as set forth in any applicable	39
zoning regulations in effect immediately prior to October 31,	40
1996, or as those regulations subsequently are amended.	41

(ii) The attached structure is proposed to top at a height	42
that is greater than either the height of the building or other	43
structure to which it is to be attached, or the maximum allowable	44
height of such an attached structure as set forth in any	45
applicable zoning regulations in effect immediately prior to	46
October 31, 1996, or as those regulations subsequently are	47
amended.	48

(e) The free-standing or attached structure is proposed to	49
have attached to it radio frequency transmission or reception	50
equipment.	51

(2) Sections 303.01 to 303.25 of the Revised Code confer	52
power on a board of county commissioners or board of zoning	53
appeals with respect to the location, erection, construction,	54
reconstruction, change, alteration, removal, or enlargement of a	55
telecommunications tower, but not with respect to the maintenance	56
or use of such a tower or any change or alteration that would not	57
substantially increase the tower's height. However, the power so	58
conferred shall apply to a particular telecommunications tower	59
only upon the provision of a notice, in accordance with division	60
(B)(4)(a) of this section, to the person proposing to construct	61
the tower.	62

(3) Any person who plans to construct a telecommunications	63
tower in an area subject to county zoning regulations shall	64
provide both of the following by certified mail:	65

(a) Written notice to the board of township trustees of the	66
township in which the tower is proposed to be constructed and to	67
each owner of property, as shown on the county auditor's current	68
tax list, whose land is contiguous to or directly across a street	69
or roadway from the property on which the tower is proposed to be	70
constructed, stating all of the following in clear and concise	71
language:	72

(i) The person's intent to construct the tower;

73

(ii) A description of the property sufficient to identify the	74
proposed location;	75

(iii) That, no later than fifteen days after the date of	76
mailing of the notice, such board of township trustees or any such	77
property owner may give written notice to the board of county	78
commissioners requesting that sections 303.01 to 303.25 of the	79
Revised Code apply to the proposed location of the tower as	80
provided under division (B)(4)(a) of this section.	81

If the notice to the board of township trustees or to a	82
property owner is returned unclaimed or refused, the person shall	83
mail the notice by regular mail. The failure of delivery of the	84
notice does not invalidate the notice.	85

(b) Written notice to the board of county commissioners of	86
the information specified in divisions (B)(3)(a)(i) and (ii) of	87
this section. The notice to the board also shall include	88
verification that the person has complied with division (B)(3)(a)	89
of this section.	90

(4)(a) If the board of county commissioners receives notice	91
from the board of township trustees or a property owner under	92
division (B)(3)(a)(iii) of this section within the time specified	93
in that division or if a member of the board of county	94
commissioners makes an objection to the proposed location of the	95
telecommunications tower within fifteen days after the date of	96
mailing of the notice sent under division (B)(3)(b) of this	97
section, the board of county commissioners shall send the person	98
proposing to construct the tower written notice that the tower is	99
subject to the power conferred by and in accordance with division	100
(B)(2) of this section. The notice shall be sent no later than	101
five days after the earlier of the date the board first receives	102
such a notice from the board of township trustees or a property	103
owner or the date upon which a member of the board of county	104
commissioners makes an objection. Upon the date of mailing of the	105
notice to the person, sections 303.01 to 303.25 of the Revised	106
Code shall apply to the tower.	107

(b) If the board of county commissioners receives no notice	108
under division (B)(3)(a)(iii) of this section within the time	109
prescribed by that division or no board member has an objection as	110
provided under division (B)(4)(a) of this section within the time	111
prescribed by that division, division (A) of this section shall	112
apply to the tower without exception.	113

(C) Sections 303.01 to 303.25 of the Revised Code confer	114
power on a board of county commissioners or board of zoning	115
appeals with respect to the location, erection, construction,	116
reconstruction, change, alteration, maintenance, removal, use, or	117
enlargement of any buildings or structures of a public utility	118
engaged in the business of transporting persons or property, or	119
both, or providing or furnishing such transportation service, over	120
any public street, road, or highway in this state, and with	121
respect to the use of land by any such public utility for the	122
operation of its business, to the extent that any exercise of such	123
power is reasonable and not inconsistent with Chapters 4901.,	124
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	125
However, this division confers no power on a board of county	126
commissioners or board of zoning appeals with respect to a	127
building or structure of, or the use of land by, a person engaged	128
in the transportation of farm supplies to the farm or farm	129
products from farm to market or to food fabricating plants.	130

(D) Sections 303.01 to 303.25 of the Revised Code confer no	131
power on any county rural zoning commission, board of county	132
commissioners, or board of zoning appeals to prohibit the sale or	133
use of alcoholic beverages in areas where the establishment and	134
operation of any retail business, hotel, lunchroom, or restaurant	135
is permitted.	136

(E) Sections 303.01 to 303.25 of the Revised Code do not	137
confer any power on any county rural zoning commission, board of	138
county commissioners, or board of zoning appeals to prohibit the	139
use of any land owned or leased by an industrial firm for the	140
conduct of oil or natural gas well drilling or production	141
activities or the location of associated facilities or equipment	142
when such oil or natural gas obtained by the industrial firm is	143
used for the operation of its own plants.	144

(F)(1) Any person who plans to construct a telecommunications	145
tower within one hundred feet of a residential dwelling shall	146
provide a written notice to the owner of the residential dwelling	147
and to the person occupying the residence, if that person is not	148
the owner of the residence, stating in clear and concise language	149
the person's intent to construct the tower and a description of	150
the property sufficient to identify the proposed location. The	151
notice shall be sent by certified mail. If the notice is returned	152
unclaimed or refused, the person shall mail the notice by regular	153
mail. The failure of delivery does not invalidate the notice.	154

(2) As used in division (F)(E) of this section:

155

(a) "Residential dwelling" means a building used or intended	156
to be used as a personal residence by the owner, part-time owner,	157
or lessee of the building, or any person authorized by such a	158
person to use the building as a personal residence;.	159

(b) "Telecommunications tower" has the same meaning as in	160
division (B)(1) of this section, except that the proposed location	161
of the free-standing or attached structure may be an area other	162
than an unincorporated area of a township, in an area zoned for	163
residential use.	164

Sec. 519.211.  (A) Except as otherwise provided in division	165
(B) or (C) of this section, sections 519.02 to 519.25 of the	166
Revised Code confer no power on any board of township trustees or	167
board of zoning appeals in respect to the location, erection,	168
construction, reconstruction, change, alteration, maintenance,	169
removal, use, or enlargement of any buildings or structures of any	170
public utility or railroad, whether publicly or privately owned,	171
or the use of land by any public utility or railroad, for the	172
operation of its business.	173

(B)(1) As used in this division, "telecommunications tower"	174
means any free-standing structure, or any structure to be attached	175
to a building or other structure, that meets all of the following	176
criteria:	177

(a) The free-standing or attached structure is proposed to be	178
constructed on or after October 31, 1996.	179

(b) The free-standing or attached structure is proposed to be	180
owned or principally used by a public utility engaged in the	181
provision of telecommunications services.	182

(c) The free-standing or attached structure is proposed to be	183
located in an unincorporated area of a township, in an area zoned	184
for residential use.	185

(d)(i) The free-standing structure is proposed to top at a	186
height that is greater than either the maximum allowable height of	187
residential structures within the zoned area as set forth in the	188
applicable zoning regulations, or the maximum allowable height of	189
such a free-standing structure as set forth in any applicable	190
zoning regulations in effect immediately prior to October 31,	191
1996, or as those regulations subsequently are amended.	192

(ii) The attached structure is proposed to top at a height	193
that is greater than either the height of the building or other	194
structure to which it is to be attached, or the maximum allowable	195
height of such an attached structure as set forth in any	196
applicable zoning regulations in effect immediately prior to	197
October 31, 1996, or as those regulations subsequently are	198
amended.	199

(e) The free-standing or attached structure is proposed to	200
have attached to it radio frequency transmission or reception	201
equipment.	202

(2) Sections 519.02 to 519.25 of the Revised Code confer	203
power on a board of township trustees or board of zoning appeals	204
with respect to the location, erection, construction,	205
reconstruction, change, alteration, removal, or enlargement of a	206
telecommunications tower, but not with respect to the maintenance	207
or use of such a tower or any change or alteration that would not	208
substantially increase the tower's height. However, the power so	209
conferred shall apply to a particular telecommunications tower	210
only upon the provision of a notice, in accordance with division	211
(B)(4)(a) of this section, to the person proposing to construct	212
the tower.	213

(3) Any person who plans to construct a telecommunications	214
tower in an area subject to township zoning regulations shall	215
provide both of the following by certified mail:	216

(a) Written notice to each owner of property, as shown on the	217
county auditor's current tax list, whose land is contiguous to or	218
directly across a street or roadway from the property on which the	219
tower is proposed to be constructed, stating all of the following	220
in clear and concise language:	221

(i) The person's intent to construct the tower;

222

(ii) A description of the property sufficient to identify the	223
proposed location;	224

(iii) That, no later than fifteen days after the date of	225
mailing of the notice, any such property owner may give written	226
notice to the board of township trustees requesting that sections	227
519.02 to 519.25 of the Revised Code apply to the proposed	228
location of the tower as provided under division (B)(4)(a) of this	229
section.	230

If the notice to a property owner is returned unclaimed or	231
refused, the person shall mail the notice by regular mail. The	232
failure of delivery of the notice does not invalidate the notice.	233

(b) Written notice to the board of township trustees of the	234
information specified in divisions (B)(3)(a)(i) and (ii) of this	235
section. The notice to the board also shall include verification	236
that the person has complied with division (B)(3)(a) of this	237
section.	238

(4)(a) If the board of township trustees receives notice from	239
a property owner under division (B)(3)(a)(iii) of this section	240
within the time specified in that division or if a board member	241
makes an objection to the proposed location of the	242
telecommunications tower within fifteen days after the date of	243
mailing of the notice sent under division (B)(3)(b) of this	244
section, the board shall request that the clerk of the township	245
send the person proposing to construct the tower written notice	246
that the tower is subject to the power conferred by and in	247
accordance with division (B)(2) of this section. The notice shall	248
be sent no later than five days after the earlier of the date the	249
board first receives such a notice from a property owner or the	250
date upon which a board member makes an objection. Upon the date	251
of mailing of the notice to the person, sections 519.02 to 519.25	252
of the Revised Code shall apply to the tower.	253

(b) If the board of township trustees receives no notice	254
under division (B)(3)(a)(iii) of this section within the time	255
prescribed by that division or no board member has an objection as	256
provided under division (B)(4)(a) of this section within the time	257
prescribed by that division, division (A) of this section shall	258
apply to the tower without exception.	259

(C) Sections 519.02 to 519.25 of the Revised Code confer	260
power on a board of township trustees or board of zoning appeals	261
with respect to the location, erection, construction,	262
reconstruction, change, alteration, maintenance, removal, use, or	263
enlargement of any buildings or structures of a public utility	264
engaged in the business of transporting persons or property, or	265
both, or providing or furnishing such transportation service, over	266
any public street, road, or highway in this state, and with	267
respect to the use of land by any such public utility for the	268
operation of its business, to the extent that any exercise of such	269
power is reasonable and not inconsistent with Chapters 4901.,	270
4903., 4905., 4909., 4921., and 4923. of the Revised Code.	271
However, this division confers no power on a board of township	272
trustees or board of zoning appeals with respect to a building or	273
structure of, or the use of land by, a person engaged in the	274
transportation of farm supplies to the farm or farm products from	275
farm to market or to food fabricating plants.	276

(D) Sections 519.02 to 519.25 of the Revised Code confer no	277
power on any township zoning commission, board of township	278
trustees, or board of zoning appeals to prohibit the sale or use	279
of alcoholic beverages in areas where the establishment and	280
operation of any retail business, hotel, lunchroom, or restaurant	281
is permitted.	282

(E) Sections 519.02 to 519.25 of the Revised Code do not	283
confer any power on any township zoning commission, board of	284
township trustees, or board of zoning appeals to prohibit the use	285
of any land owned or leased by an industrial firm for the conduct	286
of oil or natural gas well drilling or production activities or	287
the location of associated facilities or equipment when such oil	288
or natural gas obtained by the industrial firm is used for the	289
operation of its own plants.	290

(F)(1) Any person who plans to construct a telecommunications	291
tower within one hundred feet of a residential dwelling shall	292
provide a written notice to the owner of the residential dwelling	293
and to the person occupying the residence, if that person is not	294
the owner of the residence stating in clear and concise language	295
the person's intent to construct the tower and a description of	296
the property sufficient to identify the proposed location. The	297
notice shall be sent by certified mail. If the notice is returned	298
unclaimed or refused, the person shall mail the notice by regular	299
mail. The failure of delivery does not invalidate the notice.	300

(2) As used in division (F)(E) of this section:

301

(a) "Residential dwelling" means a building used or intended	302
to be used as a personal residence by the owner, part-time owner,	303
or lessee of the building, or any person authorized by such a	304
person to use the building as a personal residence;.	305

(b) "Telecommunications tower" has the same meaning as in	306
division (B)(1) of this section, except that the proposed location	307
of the free-standing or attached structure may be an area other	308
than an unincorporated area of a township, in an area zoned for	309
residential use.	310

Sec. 1509.02.  There is hereby created in the department of	311
natural resources the division of mineral resources management,	312
which shall be administered by the chief of the division of	313
mineral resources management. The division has sole and exclusive	314
authority to regulate the permitting, location, and spacing of oil	315
and gas wells within the state. The regulation of oil and gas	316
activities is a matter of general statewide interest that requires	317
uniform statewide regulation, and this chapter and rules adopted	318
under it constitute a comprehensive plan with respect to all	319
aspects of the locating, drilling, and operating of oil and gas	320
wells within this state, including site restoration and disposal	321
of wastes from those wells. Nothing in this section affects the	322
authority granted to the director of transportation and local	323
authorities in section 4513.34 of the Revised Code.	324

The chief shall not hold any other public office, nor shall	325
the chief be engaged in any occupation or business that might	326
interfere with or be inconsistent with the duties as chief.	327

All moneys collected by the chief pursuant to sections	328
1509.06, 1509.061, 1509.071, 1509.13, 1509.22, and 1509.222,	329
ninety per cent of moneys received by the treasurer of state from	330
the tax levied in divisions (A)(5) and (6) of section 5749.02, all	331
civil penalties paid under section 1509.33, and, notwithstanding	332
any section of the Revised Code relating to the distribution or	333
crediting of fines for violations of the Revised Code, all fines	334
imposed under divisions (A) and (B) of section 1509.99 of the	335
Revised Code and fines imposed under divisions (C) and (D) of	336
section 1509.99 of the Revised Code for all violations prosecuted	337
by the attorney general and for violations prosecuted by	338
prosecuting attorneys that do not involve the transportation of	339
brine by vehicle shall be deposited into the state treasury to the	340
credit of the oil and gas well fund, which is hereby created.	341
Fines imposed under divisions (C) and (D) of section 1509.99 of	342
the Revised Code for violations prosecuted by prosecuting	343
attorneys that involve the transportation of brine by vehicle	344
shall be paid to the county treasury of the county where the	345
violation occurred.	346

The fund shall be used for the purposes enumerated in	347
division (B) of section 1509.071 of the Revised Code, for the	348
expenses of the division associated with the administration of the	349
"Natural Gas Policy Act of 1978," 92 Stat. 3358, 15 U.S.C. 3301,	350
and for the division's other functions. The expenses of the	351
division in excess of the moneys available in the fund shall be	352
paid from general revenue fund appropriations to the department.	353

Sec. 1509.03.  The chief of the division of mineral resources	354
management shall adopt, rescind, and amend, in accordance with	355
Chapter 119. of the Revised Code, rules for the administration,	356
implementation, and enforcement of this chapter. NoThe rules	357
shall include an identification of the subjects that the chief	358
shall address when attaching terms and conditions to a permit with	359
respect to a well and production facilities of a well that are	360
located within a municipal corporation or within a township that	361
has a population of more than fifteen thousand in the most recent	362
federal decennial census prior to the issuance of the permit. The	363
subjects shall include all of the following:	364

(A) Safety concerning the drilling or operation of a well;

365

(B) Protection of the public and private water supply;

366

(C) Location of surface facilities of a well;

367

(D) Fencing and screening of surface facilities of a well;

368

(E) Containment and disposal of drilling and production	369
wastes;	370

(F) Construction of access roads for purposes of the drilling	371
and operation of a well.	372

No person shall violate any rule of the chief adopted under	373
this chapter.	374

Any order issuing, denying, or modifying a permit or notices	375
required to be made by the chief pursuant to this chapter shall be	376
made in compliance with Chapter 119. of the Revised Code, except	377
that personal service may be used in lieu of service by mail.	378
Every order issuing, denying, or modifying a permit under this	379
chapter and described as such shall be considered an adjudication	380
order for purposes of Chapter 119. of the Revised Code.	381

Where notice to the owners is required by this chapter, the	382
notice shall be given as prescribed by a rule adopted by the chief	383
to govern the giving of notices. Such rule shall provide for	384
notice by publication except in those cases where other types of	385
notice are necessary in order to meet the requirements of the law.	386

The chief or the chief's authorized representative may at any	387
time enter upon lands, public or private, for the purpose of	388
administration or enforcement of this chapter, the rules adopted	389
or orders made thereunder, or terms or conditions of permits or	390
registration certificates issued thereunder and may examine and	391
copy records pertaining to the drilling, conversion, or operation	392
of a well for injection of fluids and logs required by division	393
(C) of section 1509.223 of the Revised Code. No person shall	394
prevent or hinder the chief or the chief's authorized	395
representative in the performance of official duties. If entry is	396
prevented or hindered, the chief or the chief's authorized	397
representative may apply for, and the court of common pleas may	398
issue, an appropriate inspection warrant necessary to achieve the	399
purposes of this chapter within the court's territorial	400
jurisdiction.	401

The chief may issue orders to enforce this chapter, rules	402
adopted thereunder, and terms or conditions of permits issued	403
thereunder. Any such order shall be considered an adjudication	404
order for the purposes of Chapter 119. of the Revised Code. No	405
person shall violate any order of the chief issued under this	406
chapter. No person shall violate a term or condition of a permit	407
or registration certificate issued under this chapter.	408

Orders of the chief denying, suspending, or revoking a	409
registration certificate; approving or denying approval of an	410
application for revision of a registered transporter's plan for	411
disposal; or to implement, administer, or enforce division (A) of	412
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	413
1509.225, and 1509.226 of the Revised Code pertaining to the	414
transportation of brine by vehicle and the disposal of brine so	415
transported are not adjudication orders for purposes of Chapter	416
119. of the Revised Code. The chief shall issue such orders under	417
division (A) or (B) of section 1509.224 of the Revised Code, as	418
appropriate.	419

Sec. 1509.06.  An application for a permit to drill a new	420
well, drill an existing well deeper, reopen a well, convert a well	421
to any use other than its original purpose, or plug back a well to	422
a different source of supply shall be filed with the chief of the	423
division of mineral resources management upon such form as the	424
chief prescribes and shall contain each of the following that is	425
applicable:	426

(A) The name and address of the owner and, if a corporation,	427
the name and address of the statutory agent;	428

(B) The signature of the owner or the owner's authorized	429
agent. When an authorized agent signs an application, it shall be	430
accompanied by a certified copy of the appointment as such agent.	431

(C) The names and addresses of all persons holding the	432
royalty interest in the tract upon which the well is located or is	433
to be drilled or within a proposed drilling unit;	434

(D) The location of the tract or drilling unit on which the	435
well is located or is to be drilled identified by section or lot	436
number, city, village, township, and county;	437

(E) Designation of the well by name and number;

438

(F) The geological formation to be tested or used and the	439
proposed total depth of the well;	440

(G) The type of drilling equipment to be used;

441

(H) If the well is for the injection of a liquid, identity of	442
the geological formation to be used as the injection zone and the	443
composition of the liquid to be injected;	444

(I) A sworn statement that all requirements of any municipal	445
corporation, county, or township having jurisdiction over any	446
activity related to the drilling or operation of an oil or gas	447
well that have been filed with the division of mineral resources	448
management and are in effect at the time the application is filed,	449
including, but not limited to, zoning ordinances and resolutions	450
and the requirements of section 4513.34 of the Revised Code, will	451
be complied with until abandonment of the well;For an application	452
for a permit to drill a new well, a sworn statement that the	453
applicant has provided notice of the application to the owner of	454
each occupied dwelling unit that is located within five hundred	455
feet of the surface location of the well if the surface location	456
will be less than five hundred feet from the boundary of the	457
drilling unit and more than fifteen occupied dwelling units are	458
located less than five hundred feet from the surface location of	459
the well, excluding any dwelling that is located on real property	460
all or any portion of which is included in the drilling unit. The	461
notice shall contain a statement that an application has been	462
filed with the division of mineral resources management, identify	463
the name of the applicant and the proposed well location, include	464
the name and address of the division, and contain a statement that	465
comments regarding the application may be sent to the division.	466
The notice may be provided by hand delivery or regular mail. The	467
identity of the owners of occupied dwelling units shall be	468
determined using the tax records of the municipal corporation or	469
county in which the dwelling unit is located as of the date of the	470
notice.	471

(J) A plan for restoration of the land surface disturbed by	472
drilling operations. The plan shall provide for compliance with	473
the restoration requirements of division (A) of section 1509.072	474
of the Revised Code and any rules adopted by the chief pertaining	475
to that restoration.	476

(K) A description by name or number of the county, township,	477
and municipal corporation roads, streets, and highways that the	478
applicant anticipates will be used for access to and egress from	479
the well site;	480

(L) Such other relevant information as the chief prescribes	481
by rule.	482

Each application shall be accompanied by a map, on a scale	483
not smaller than four hundred feet to the inch, prepared by an	484
Ohio registered surveyor, showing the location of the well and	485
containing such other data as may be prescribed by the chief. If	486
the well is or is to be located within the excavations and	487
workings of a mine, the map also shall include the location of the	488
mine, the name of the mine, and the name of the person operating	489
the mine.	490

The chief shall cause a copy of the weekly circular prepared	491
by the division to be provided to the county engineer of each	492
county that contains active or proposed drilling activity. The	493
weekly circular shall contain, in the manner prescribed by the	494
chief, the names of all applicants for permits, the location of	495
each well or proposed well, the information required by division	496
(K) of this section, and any additional information the chief	497
prescribes. In addition, the chief promptly shall transfer an	498
electronic copy or facsimile, or if those methods are not	499
available to a municipal corporation or township, a copy via	500
regular mail, of a drilling permit application to the clerk of the	501
legislative authority of the municipal corporation or to the clerk	502
of the township in which the well or proposed well is or is to be	503
located if the municipal corporation or township has a population	504
of more than fifteen thousand in the most recent federal decennial	505
census prior to the submission of the application, the legislative	506
authority of the municipal corporation or the board of township	507
trustees has asked to receive copies of such applications, and the	508
appropriate clerk has provided the chief an accurate, current	509
electronic mailing address or facsimile number, as applicable.	510

The chief shall not issue a permit for at least ten days	511
after the date of filing of the application for the permit unless,	512
upon reasonable cause shown, the chief waives that period or a	513
request for expedited review is filed under this section. However,	514
the chief shall issue a permit within twenty-one days of the	515
filing of the application unless the chief denies the application	516
by order.	517

An applicant may file a request with the chief for expedited	518
review of a permit application if the well is not or is not to be	519
located in a gas storage reservoir or reservoir protective area,	520
as "reservoir protective area" is defined in section 1571.01 of	521
the Revised Code. If the well is or is to be located in a coal	522
bearing township, the application shall be accompanied by the	523
affidavit of the landowner prescribed in section 1509.08 of the	524
Revised Code.	525

In addition to a complete application for a permit that meets	526
the requirements of this section and the permit fee prescribed by	527
this section, a request for expedited review shall be accompanied	528
by a separate nonrefundable filing fee of five hundred dollars.	529
Upon the filing of a request for expedited review, the chief shall	530
cause the county engineer of the county in which the well is or is	531
to be located to be notified of the filing of the permit	532
application and the request for expedited review by telephone or	533
other means that in the judgment of the chief will provide timely	534
notice of the application and request. The chief shall issue a	535
permit within seven days of the filing of the request unless the	536
chief denies the application by order. Notwithstanding the	537
provisions of this section governing expedited review of permit	538
applications, the chief may refuse to accept requests for	539
expedited review if, in the chief's judgment, the acceptance of	540
the requests would prevent the issuance, within twenty-one days of	541
their filing, of permits for which applications are pending.	542

A well shall be drilled and operated in accordance with the	543
plans, sworn statements, and other information submitted in the	544
approved application.	545

The chief shall issue an order denying a permit if the chief	546
finds that there is a substantial risk that the operation will	547
result in violations of this chapter or rules adopted under it	548
that will present an imminent danger to public health or safety or	549
damage to the environment, provided that where the chief finds	550
that terms or conditions to the permit can reasonably be expected	551
to prevent such violations, the chief shall issue the permit	552
subject to those terms or conditions, including, if applicable,	553
terms and conditions regarding subjects identified in rules	554
adopted under section 1509.03 of the Revised Code.	555

Each application for a permit required by section 1509.05 of	556
the Revised Code, except an application for a well drilled or	557
reopened for purposes of section 1509.22 of the Revised Code, also	558
shall be accompanied by a nonrefundable fee of two hundred fifty	559
dollars.	560

The chief may order the immediate suspension of drilling,	561
operating, or plugging activities after finding that any person is	562
causing, engaging in, or maintaining a condition or activity that	563
in the chief's judgment presents an imminent danger to public	564
health or safety or results in or is likely to result in immediate	565
substantial damage to natural resources or for nonpayment of the	566
fee required by this section. The chief may order the immediate	567
suspension of the drilling or reopening of a well in a coal	568
bearing township after determining that the drilling or reopening	569
activities present an imminent and substantial threat to public	570
health or safety or to miners' health or safety. Before issuing	571
any such order, the chief shall notify the owner in such manner as	572
in the chief's judgment would provide reasonable notification that	573
the chief intends to issue a suspension order. The chief may issue	574
such an order without prior notification if reasonable attempts to	575
notify the owner have failed, but in such an event notification	576
shall be given as soon thereafter as practical. Within five	577
calendar days after the issuance of the order, the chief shall	578
provide the owner an opportunity to be heard and to present	579
evidence that the condition or activity is not likely to result in	580
immediate substantial damage to natural resources or does not	581
present an imminent danger to public health or safety or to	582
miners' health or safety, if applicable. In the case of activities	583
in a coal bearing township, if the chief, after considering	584
evidence presented by the owner, determines that the activities do	585
not present such a threat, the chief shall revoke the suspension	586
order. Notwithstanding any provision of this chapter, the owner	587
may appeal a suspension order directly to the court of common	588
pleas of the county in which the activity is located or, if in a	589
coal bearing township, to the reclamation commission under section	590
1513.13 of the Revised Code.	591

Sec. 1509.23.  (A) Rules of the chief of the division of	592
mineral resources management may specify practices to be followed	593
in the drilling of wells and production of oil and gas for	594
protection of public health or safety or to prevent damage to	595
natural resources, including specification of the following:	596

(1) Appropriate devices;

597

(2) Minimum distances that wells and other excavations,	598
structures, and equipment shall be located from water wells,	599
streets, roads, highways, rivers, lakes, streams, ponds, other	600
bodies of water, railroad tracks, public or private recreational	601
areas, zoning districts, and buildings or other structures;	602

(3) Other methods of operation;

603

(4) Procedures, methods, and equipment and other requirements	604
for equipment to prevent and contain discharges of oil from oil	605
production facilities and oil drilling and workover facilities	606
consistent with and equivalent in scope, content, and coverage to	607
section 311(j)(1)(c) of the "Federal Water Pollution Control Act	608
Amendments of 1972," 86 Stat. 886, 33 U.S.C.A. 1251, as amended,	609
and regulations adopted under it.	610

(B) The chief, in consultation with the emergency response	611
commission created in section 3750.02 of the Revised Code, shall	612
adopt rules in accordance with Chapter 119. of the Revised Code	613
that specify the information that shall be included in an	614
electronic database that the chief shall create and host. The	615
information shall be that which the chief considers to be	616
appropriate for the purpose of responding to emergency situations	617
that pose a threat to public health or safety or the environment.	618
At the minimum, the information shall include that which a person	619
who is regulated under this chapter is required to submit under	620
the "Emergency Planning and Community Right-To-Know Act of 1986,"	621
100 Stat. 1728, 42 U.S.C.A. 11001, and regulations adopted under	622
it.	623

In addition, the rules shall specify whether and to what	624
extent the database and the information that it contains will be	625
made accessible to the public. The rules shall ensure that the	626
database will be made available via the internet or a system of	627
computer disks to the emergency response commission and to every	628
local emergency planning committee and fire department in this	629
state.	630

Sec. 1509.31.  Whenever the entire interest of an oil and gas	631
lease is assigned or otherwise transferred, the assignor or	632
transferor shall notify the holders of the royalty interests, and,	633
if a well or wells exist on the lease, the division of mineral	634
resources management, of the name and address of the assignee or	635
transferee by certified mail, return receipt requested, not later	636
than thirty days after the date of the assignment or transfer.	637
When notice of any such assignment or transfer is required to be	638
provided to the division, it shall be provided on a form	639
prescribed and provided by the division and verified by both the	640
assignor or transferor and by the assignee or transferee. The	641
notice form applicable to assignments or transfers of a well to	642
the owner of the surface estate of the tract on which the well is	643
located shall contain a statement informing the landowner that the	644
well may require periodic servicing to maintain its productivity;	645
that, upon assignment or transfer of the well to the landowner,	646
the landowner becomes responsible for compliance with the	647
requirements of this chapter and rules adopted under it,	648
including, without limitation, the proper disposal of brine	649
obtained from the well, the plugging of the well when it becomes	650
incapable of producing oil or gas, and the restoration of the well	651
site; and that, upon assignment or transfer of the well to the	652
landowner, the landowner becomes responsible for the costs of	653
compliance with the requirements of this chapter and rules adopted	654
under it and the costs for operating and servicing the well.	655

The owner holding a permit under section 1509.05 of the	656
Revised Code is responsible for all obligations and liabilities	657
imposed by this chapter and any rules, orders, and terms and	658
conditions of a permit adopted or issued under it, and no	659
assignment or transfer by the owner relieves the owner of the	660
obligations and liabilities until and unless the assignee or	661
transferee files with the division the information described in	662
divisions (A), (B), (C), (D), (E), (I), (J), (K), and (L) of	663
section 1509.06 of the Revised Code; obtains liability insurance	664
coverage required by section 1509.07 of the Revised Code, except	665
when none is required by that section; and executes and files a	666
surety bond, negotiable certificates of deposit or irrevocable	667
letters of credit, or cash, as described in that section. Instead	668
of a bond, but only upon acceptance by the chief of the division	669
of mineral resources management, the assignee or transferee may	670
file proof of financial responsibility, described in section	671
1509.07 of the Revised Code. Section 1509.071 of the Revised Code	672
applies to the surety bond, cash, and negotiable certificates of	673
deposit and irrevocable letters of credit described in this	674
section. Unless the chief approves a modification, each assignee	675
or transferee shall operate in accordance with the plans and	676
information filed by the permit holder pursuant to section 1509.06	677
of the Revised Code.	678

Sec. 1510.11. (A) When independent producers favor	679
termination of a marketing program established under this chapter,	680
the operating committee of the program and the technical advisory	681
council shall terminate all operations of the program. Upon	682

(B)(1) Except as provided in division (B)(2) of this section,	683
upon termination of thea program, the council shall return any	684
remaining unobligated moneys to the independent producers who paid	685
the assessments levied under section 1510.08 of the Revised Code	686
during the immediately preceding twelve months and shall prorate	687
the moneys accordingly.	688

(2) If a program is operated by a nonprofit corporation that	689
is organized under Chapter 1702. of the Revised Code for the	690
purpose of carrying out the purposes identified in division (A) of	691
section 1510.02 of the Revised Code, and if the nonprofit	692
corporation is exempt from federal income taxation pursuant to	693
section 501(a) of the Internal Revenue Code and is described in	694
section 501(c)(3) of the Internal Revenue Code, upon termination	695
of the program, the nonprofit corporation shall distribute any	696
remaining unobligated money to be used for one or more exempt	697
purposes within the meaning of section 501(c)(3) of the Internal	698
Revenue Code or to the federal, a state, or a local government to	699
be used for a public purpose. If there remains any unobligated	700
money after the distribution by the nonprofit corporation, the	701
court of common pleas of the county in which the principal office	702
of the nonprofit corporation is located shall distribute the	703
remaining unobligated money to be used for one or more exempt	704
purposes within the meaning of section 501(c)(3) of the Internal	705
Revenue Code, to the federal, a state, or a local government to be	706
used for a public purpose, or to one or more organizations that	707
are organized and operated exclusively for one or more of the	708
purposes that are within the meaning of section 501(c)(3) of the	709
Internal Revenue Code, as the court determines is best to	710
accomplish the exempt purposes of the nonprofit corporation.	711

Section 2. That existing sections 303.211, 519.211, 1509.02,	712
1509.03, 1509.06, 1509.23, 1509.31, and 1510.11 and section	713
Sec. 1509.39.  of the Revised Code are hereby repealed.	714