SENATORS Zurz, Roberts, Schuler, Goodman, Hottinger, Amstutz, Randy Gardner, Robert Gardner, Harris

To amend sections 309.09, 5543.01, 5553.04, 5553.042,

1

5553.043, 5555.02, 5571.02, 5571.08, and 5571.12,

2

to contingently amend sections 1509.03 and

3

1509.06, and to enact sections 5541.05, 5553.045,

4

and 5571.20 of the Revised Code to authorize a

5

township to vacate upon petition certain township

6

roads that are not used by and maintained for the

7

public, to permit a board of county commissioners

8

and a board of township trustees to place a

9

graveled or unimproved county or township road on

10

nonmaintained status, to preserve certain utility

11

rights of way in vacated roads, to revise the

12

notification requirements governing the drilling

13

of oil and gas wells, to create the Oil and Gas

14

Advisory Council to advise the Chief of the

15

Division of Mineral Resources Management in the

16

Department of Natural Resources regarding the

17

adoption of certain rules governing oil and gas

18

wells, to permit the prosecuting attorney to be

19

the legal adviser to a joint fire district, and to

20

declare an emergency.

21

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

Section 1. That sections 309.09, 5543.01, 5553.04, 5553.042,	22
5553.043, 5555.02, 5571.02, 5571.08, and 5571.12 be amended and	23
sections 5541.05, 5553.045, and 5571.20 of the Revised Code be	24
enacted to read as follows:	25

Sec. 309.09.  (A) The prosecuting attorney shall be the legal	26
adviser of the board of county commissioners, board of elections,	27
and all other county officers and boards, including all	28
tax-supported public libraries, and any of them may require	29
written opinions or instructions from the prosecuting attorney in	30
matters connected with their official duties. The prosecuting	31
attorney shall prosecute and defend all suits and actions which	32
any such officer or board directs or to which it is a party, and	33
no county officer may employ any other counsel or attorney at the	34
expense of the county, except as provided in section 305.14 of the	35
Revised Code.	36

(B) The prosecuting attorney shall be the legal adviser for	37
all township officers, boards, and commissions, unless the	38
township has adopted a limited home rule government pursuant to	39
Chapter 504. of the Revised Code and has not entered into a	40
contract to have the prosecuting attorney serve as the township	41
law director, in which case the township law director, whether	42
serving full-time or part-time, shall be the legal adviser for all	43
township officers, boards, and commissions. When the board of	44
township trustees finds it advisable or necessary to have	45
additional legal counsel, it may employ an attorney other than the	46
township law director or the prosecuting attorney of the county,	47
either for a particular matter or on an annual basis, to represent	48
the township and its officers, boards, and commissions in their	49
official capacities and to advise them on legal matters. No such	50
legal counsel or attorney may be employed, except on the order of	51
the board of township trustees, duly entered upon its journal, in	52
which the compensation to be paid for the legal services shall be	53
fixed. The compensation shall be paid from the township fund.	54

Nothing in this division confers any of the powers or duties	55
of a prosecuting attorney under section 309.08 of the Revised Code	56
upon a township law director.	57

(C) Whenever the board of county commissioners employs an	58
attorney other than the prosecuting attorney of the county,	59
without the authorization of the court of common pleas as provided	60
in section 305.14 of the Revised Code, either for a particular	61
matter or on an annual basis, to represent the board of county	62
commissioners in its official capacity and to advise it on legal	63
matters, the board of county commissioners shall enter upon its	64
journal an order of the board in which the compensation to be paid	65
for the legal services shall be fixed. The compensation shall be	66
paid from the county general fund. The total compensation paid, in	67
any year, by the board of county commissioners for legal services	68
under this division shall not exceed the total annual compensation	69
of the prosecuting attorney for that county.	70

(D) The prosecuting attorney and the board of county	71
commissioners jointly may contract with a board of park	72
commissioners under section 1545.07 of the Revised Code for the	73
prosecuting attorney to provide legal services to the park	74
district the board of park commissioners operates. All moneys	75
received pursuant to the contract shall be deposited into the	76
prosecuting attorney's legal services fund, which shall be	77
established in the county treasury of each county in which the	78
contract exists. Moneys in that fund may be appropriated only to	79
the prosecuting attorney for the purpose of providing legal	80
services under a contract entered into under this division.	81

(E) The prosecuting attorney may be, in the prosecuting	82
attorney's discretion, the legal adviser of a joint fire district	83
created under section 505.371 of the Revised Code, at no cost to	84
the district.	85

Sec. 5541.05.  (A) Except as otherwise provided in division	86
(D) of this section, a board of county commissioners by resolution	87
may place a graveled or unimproved county road under its	88
jurisdiction or any portion of such a road on nonmaintained	89
status. Upon adoption of such a resolution, the board is not	90
required to cause the road to be dragged at any time, or to cut,	91
destroy, or remove any brush, weeds, briers, bushes, or thistles	92
upon or along the road, or to remove snow from the road, or to	93
maintain or repair the road in any manner. The board, in its	94
discretion, may cause any of these actions to be performed on or	95
to a road that it has placed on nonmaintained status.	96

(B) A board may adopt a resolution under this section only if	97
the board finds that placing the road on nonmaintained status will	98
not unduly adversely affect the flow of motor vehicle traffic on	99
that road or on any other road located in the immediate vicinity	100
of that road as determined by the overall use of the road during	101
the preceding twenty-one years.	102

(C) A board may terminate the nonmaintained status of a	103
county road by adopting a resolution to that effect. If the owner	104
of land adjoining a road that has been placed on nonmaintained	105
status requests the board to terminate the nonmaintained status of	106
the road, the board, in its resolution that terminates that	107
nonmaintained status, may require the owner to pay the costs of	108
upgrading the road to locally adopted county standards.	109

(D) A graveled road may not be placed on nonmaintained status	110
if any person resides in a residence adjacent to the road, the	111
road is the exclusive means for obtaining access to the residence,	112
and the residence is the person's primary place of residence.	113

Sec. 5543.01.  (A) Except as provided in division (B) of this	114
section, the county engineer shall have general charge of the	115
following:	116

(1) Construction, reconstruction, improvement, maintenance,	117
and repair of all bridges and highways within the engineer's	118
county, under the jurisdiction of the board of county	119
commissioners, except for those county roads the board places on	120
nonmaintained status pursuant to section 5541.05 of the Revised	121
Code;	122

(2) Construction, reconstruction, resurfacing, or improvement	123
of roads by boards of township trustees under sections 5571.01,	124
5571.06, 5571.07, 5571.15, 5573.01 to 5573.15, and 5575.02 to	125
5575.09 of the Revised Code;	126

(3) Construction, reconstruction, resurfacing, or improvement	127
of the roads of a road district under section 5573.21 of the	128
Revised Code.	129

(B) For any particular project, after notifying the county	130
engineer, the board of township trustees of a township that has	131
adopted a limited home rule government under Chapter 504. of the	132
Revised Code may hire an independent professional engineer to be	133
in charge of those activities listed in division (A)(2) of this	134
section. The county engineer shall review all of the independent	135
professional engineer's plans for improvements and provide the	136
board of township trustees with comments on those plans within ten	137
working days after receiving them. The county engineer shall	138
monitor all plans for improvements in order to maintain compliance	139
with existing construction standards and thoroughfare plans, and	140
coordinate construction timelines within the county.	141

(C) The county engineer may not perform any duties in	142
connection with the repair, maintenance, or dragging of roads by	143
boards of township trustees, except that, upon the request of any	144
board of township trustees, the county engineer shall inspect any	145
road designated by it and advise as to the best methods of	146
repairing, maintaining, or dragging that road.	147

Sec. 5553.04.  When the board of county commissioners is of	148
the opinion that it will be for the public convenience or welfare	149
to locate, establish, alter, widen, straighten, vacate, or change	150
the direction of a public road, it shall so declare by resolution,	151
which resolution shall set forth the general route and termini of	152
the road, or part thereofof the road, to be located, established,	153
or vacated, or the general manner in which suchthe road is to be	154
altered, widened, or straightened, or the direction thereofof the	155
road is to be changed.	156

When a petition, signed by at least twelve freeholders of the	157
county residing in the vicinity of the proposed improvement, or	158
signed by the owner of the right to mine coal lying under or	159
adjacent to the proposed improvement, is presented to the board	160
requesting the board to locate, establish, alter, widen,	161
straighten, vacate, or change the direction of a public road, such	162
the board shall view the location of the proposed improvement,	163
and, if it is of the opinion that it will be for the public	164
convenience or welfare to make suchthe improvement, it may	165
proceed to make suchthe improvement as provided in sections	166
5553.04 to 5553.16, inclusive, of the Revised Code. SuchThe	167
petition shall set forth the general route and termini of the	168
road, or part thereofof the road, to be located, established, or	169
vacated, or the general manner in which suchthe road is to be	170
altered, widened, or straightened, or the direction thereofof the	171
road is to be changed. When the board declares by resolution its	172
intention to proceed with the improvement, it may also may provide	173
in suchthe resolution for the establishment of an appropriate	174
detour route or for the temporary closing of the road to be	175
improved. When the petition presented to the board for a proposed	176
improvement as provided in this section, is a petition signed by	177
the owner of the right to mine coal lying under or adjacent to the	178
proposed improvement, suchthat petitioner shall pay the costs and	179
expenses incurred by suchthe board in connection with the	180
proceedings initiated by suchthe petition, and the costs and	181
expenses of making suchthe improvement including compensation and	182
damages, and including the cost of relocation of any conduits,	183
cables, wires, towers, poles, or other equipment or appliances of	184
any public utility or electric cooperative as defined in section	185
4928.01 of the Revised Code, located on, over, or under the	186
portion of the road affected by suchthe improvement, and, on	187
demand by the board, shall give bond to the satisfaction of the	188
board in suchthe amount as the board determines, to secure the	189
payment of all suchof those costs and expenses.	190

Sec. 5553.042. A(A) As used in this section:

191

(1) "Electric cooperative" has the same meaning as in section	192
4928.01 of the Revised Code.	193

(2) "Service facilities" includes any conduit, cable, wire,	194
tower, pole, or other equipment or appliance of a public utility	195
or electric cooperative.	196

(B) A township shall lose all rights in and to any public	197
road, highway, street, or alley which has been abandoned and not	198
used for a period of twenty-one years, after formal proceedings	199
for vacation as provided in sections 5553.04 to 5553.11 of the	200
Revised Code have been taken; and upon. Upon petition for vacation	201
of such a public road, highway, street, or alley filed with the	202
board of county commissioners by any abutting landowner, if the	203
board finds that saidthe public road, highway, street, or alley	204
has been abandoned and not used for a period of twenty-one years	205
as alleged in suchthe petition, the board of county commissioners	206
may, by resolution, may order the road, highway, street, or alley	207
vacated, and suchthe road, highway, street, or alley shall pass,	208
in fee, to the abutting landowners thereof, as provided by law,	209
and subject to the preservation of anyall of the following:	210

(1) Any existing right of way in, over, or under such roadway	211
bythe road, highway, street, or alley for the service facilities	212
of any public utility or rural electric co-operative service	213
facilities, including any conduit, cable, wires, towers, poles, or	214
other equipment or appliances of any public utility or rural	215
electric co-operative located on, over, or under such roadway and	216
cooperative for such period of timeas long as suchthe public	217
utility or rural electric co-operative service facilities continue	218
to be usedcooperative continues to render service to the public	219
and also subject to the;	220

(2) The right of ingress and egress for the purpose of	221
servicing and maintaining the same, and subject to the	222
preservation of afor a public utility or electric cooperative to	223
service and maintain its service facilities as provided under	224
section 5553.043 of the Revised Code;	225

(3) The right to trim or remove any trees, shrubs, brush, or	226
other obstacles growing in or encroaching onto the right of way	227
that may affect the operation, use, or access to service	228
facilities;	229

(4) Any right of way for public nonmotorized vehicular	230
recreational use as provided under section 5553.044 of the Revised	231
Code.	232

Sec. 5553.043.  When any street, highway, or road, or a	233
portion thereofof any street, highway, or road, is vacated	234
pursuant to the provisions of any section of Chapters 5553.this	235
chapter or Chapter 5571. of the Revised Code, and the relocation	236
of any conduits, cables, wires, towers, poles, sewer lines, steam	237
lines, pipelines, gas and water lines, tracks, or other equipment	238
or appliances of any electric cooperative, railroad, or public	239
utility, whether owned privately or by any governmental authority,	240
located on, over, or under the portion of the street, highway, or	241
road affected by any suchthe vacation, isare not required for	242
purposes of the vacating authority, any affected electric	243
cooperative, railroad, or public utility company shall be deemed	244
to have a permanent easement in suchthe vacated portion of such	245
the street, highway, or road for the purpose of accessing,	246
maintaining, operating, renewing, reconstructing, and removing	247
saidthose utility facilities and for purpose of access to said	248
facilities. NothingThe permanent easement also confers a right of	249
ingress and egress to service and maintain those utility	250
facilities and a right to trim or remove any trees, shrubs, brush,	251
or other obstacles growing in or encroaching onto the permanent	252
easement that may affect the operation, use, or access to those	253
utility facilities.	254

Nothing in this section shall be construed to relieve an	255
owner of the right to mine coal who petitions for a proposed	256
improvement from the obligation to pay the relocation costs and	257
expenses of public utility or electric cooperative facilities as	258
provided in Chapter 5553.this chapter or Chapter 5571. of the	259
Revised Code.	260

As used in this section, "electric cooperative" has the same	261
meaning as in section 4928.01 of the Revised Code.	262

Sec. 5553.045. (A) As used in this section, "road" means a	263
road, or portion of a road, which is not used to calculate	264
distributions of the auto registration distribution fund under	265
division (E) of section 4501.04 of the Revised Code and, thus, is	266
not a road or portion of a road certified by the board of township	267
trustees to the director of transportation in accordance with that	268
division as mileage in the township used by and maintained for the	269
public.	270

(B) A board of township trustees may petition the board of	271
county commissioners to vacate a township road or a portion of a	272
township road by passing a resolution that requests the vacation	273
of the road or portion and includes a description of the general	274
route and termini of the road or portion. The township clerk shall	275
file a copy of the resolution with the board of county	276
commissioners and certify another copy to the county engineer.	277
Within thirty days after receipt of that copy of the resolution,	278
the engineer shall issue to the board of county commissioners a	279
written report similar in content to reports required under	280
section 5553.06 of the Revised Code. The failure of the engineer	281
to provide this report does not affect the actions required under	282
this section and does not invalidate the vacation of a road or	283
portion of a road under this section.	284

(C) Upon receipt of the copy of the township's resolution,	285
the board of county commissioners shall set a date for a public	286
hearing on the vacation of the road or portion of the road that is	287
not more than forty-five days after the date that the resolution	288
is filed with the board. The clerk of the board shall notify by	289
regular mail the landowners abutting the road or portion of the	290
road proposed to be vacated. That notice shall be sent at least	291
twenty days before the board's public hearing, shall state that	292
the board of township trustees has filed a resolution requesting	293
the vacation of the specified road or portion of the road under	294
this section, and shall inform the landowners of the time and	295
place of the public hearing on this issue. The notice shall be	296
mailed to the addresses of the abutting landowners as they appear	297
on the county auditor's current tax list or the county treasurer's	298
mailing list. Failure of the delivery of this notice to any	299
abutting landowner does not invalidate the vacation of a road or a	300
portion of a road under this section.	301

(D) After the public hearing, if the board of county	302
commissioners determines that the vacation of the road or portion	303
of the road would be for the public convenience or welfare, it	304
shall adopt a resolution by a majority vote declaring the road or	305
portion to be vacated and file a certified copy of the resolution	306
with the petitioner board of township trustees, the county	307
recorder, and the county engineer.	308

If the board of county commissioners fails to vote on the	309
issue of vacating the road or portion of the board within sixty	310
days after the township's resolution is filed with it, the road or	311
portion of the road specified in the resolution shall be deemed to	312
be vacated, and the petitioner board of township trustees shall	313
adopt another resolution describing the road or portion of the	314
road that has been vacated and explaining this vacation is by	315
action of this section. The board of township trustees shall file	316
a certified copy of that resolution with the board of county	317
commissioners, the county recorder, and the county engineer.	318

(E) Once the certified copies of the resolution declaring a	319
road or portion of a road vacated are filed as provided in	320
division (D) of this section, the board of township trustees, by	321
resolution, shall order the road or portion of the road vacated.	322
The vacated road or portion of the road shall pass, in fee, to the	323
abutting landowners subject to all of the following:	324

(1) A permanent easement as provided in section 5553.043 of	325
the Revised Code in, over, or under the road for the service	326
facilities, as defined in section 5553.042 of the Revised Code, of	327
a public utility or electric cooperative as defined in section	328
4928.01 of the Revised Code;	329

(2) The right of ingress or egress to service and maintain	330
those service facilities;	331

(3) The right to trim or remove any trees, shrubs, brush, or	332
other obstacles growing in or encroaching onto the permanent	333
easement that may affect the operation, use, or access to those	334
service facilities.	335

Sec. 5555.02.  The board of county commissioners may	336
construct a public road by laying out and building a new road, or	337
by improving, reconstructing, or repairing any existing public	338
road or part thereofof an existing public road by grading,	339
paving, widening, altering, straightening, vacating, changing the	340
direction, draining, dragging, graveling, macadamizing,	341
resurfacing, applying dust preventives, or by otherwise improving	342
the same, and, where an established road has been relocated, the	343
board may construct and maintain such connecting roads between the	344
old and new locations as will provide reasonable access thereto.	345
The board also may place a county road on nonmaintained status	346
pursuant to section 5541.05 of the Revised Code. The board may	347
purchase or lease, erect, and maintain automatic traffic signals	348
at such intersections of public highways outside municipal	349
corporations as are necessary for the protection of the public	350
traveling upon suchthose highways. Automatic traffic signals	351
shall not be placed at intersections of public highways on the	352
state highway system unless the board first obtains the approval	353
of the director of transportation.	354

This section does not apply to roads or highways on the state	355
highway system, except such portions as the board constructs under	356
plans and specifications approved by the director and under his	357
the director's supervision and inspection.	358

Sec. 5571.02.  The board of township trustees shall have	359
control of the township roads of its township and, except for	360
those township roads the board places on nonmaintained status	361
pursuant to section 5571.20 of the Revised Code, shall keep them	362
in good repair. The board of township trustees may, with the	363
approval of the board of county commissioners or the director of	364
transportation, may maintain or repair a county road, or	365
intercounty highway, or state highway within the limits of its	366
township.	367

In the maintenance and repair of roads, the board of township	368
trustees may proceed in any of the following methods:	369

(A) It may designate one of its number to have charge of the	370
maintenance and repair of roads within the township.	371

(B) It may divide the township into three road districts, in	372
which event each trustee shall have charge of the maintenance and	373
repair of roads within one of suchthose districts.	374

(C) It may appoint some competent person, not a member of the	375
board of township trustees, to have charge of maintenance and	376
repair of roads within the township, who shall be known as	377
"township highway superintendent" and shall serve at the pleasure	378
of the board of township trustees.	379

The method to be followed in each township shall be	380
determined by the board of township trustees by resolution entered	381
on its records.	382

Sec. 5571.08. TheExcept as provided in section 5571.20 of	383
the Revised Code, the board of township trustees shall cause all	384
the township roads within the township to be kept free from	385
obstruction by snow. The cost and expense thereof shall be paid	386
from the road funds of the township or from the funds allocated to	387
the township by section 5735.27 of the Revised Code.	388

Sec. 5571.12. TheExcept as provided in section 5571.20 of	389
the Revised Code, the board of township trustees shall cause the	390
graveled and unimproved public roads of the township to be	391
dragged. At the beginning of each fiscal half year, the board,	392
before making any other appropriations from the township road	393
fund, shall appropriate and set aside a sum sufficient to meet the	394
expense of dragging the graveled and unimproved public roads of	395
the township during the ensuing six months. SuchThat sum shall	396
not be used for any purpose other than that for which it was	397
appropriated.	398

The board shall from time to time shall designate the roads	399
to be dragged and furnish suitable road drags, hones, scrapers, or	400
other tools, which shall be paid for out of the road fund. The	401
work of dragging the graveled and unimproved public roads of the	402
township, or of any road district thereofof the township, shall	403
be done under the supervision of one of the township trustees or	404
the township highway superintendent designated to have charge of	405
the maintenance and repair of roads as provided in section 5571.02	406
of the Revised Code. SuchThat trustee or superintendent shall	407
employ the necessary labor and teams at a price to be fixed by the	408
board. Bills for dragging shall be paid from the dragging fund	409
upon the order of the board.	410

Sec. 5571.20.  (A) Except as otherwise provided in division	411
(D) of this section, a board of township trustees by resolution	412
may place a graveled or unimproved township road under its	413
jurisdiction or any portion of such a road on nonmaintained	414
status. Upon adoption of such a resolution, the board is not	415
required to cause the road to be dragged at any time, or to cut,	416
destroy, or remove any brush, weeds, briers, bushes, or thistles	417
upon or along the road, or to remove snow from the road, or to	418
maintain or repair the road in any manner. The board, in its	419
discretion, may cause any of these actions to be performed on or	420
to a road that it has placed on nonmaintained status.	421

(B) A board may adopt a resolution under this section only if	422
the board finds that placing the road on nonmaintained status will	423
not unduly adversely affect the flow of motor vehicle traffic on	424
that road or on any other road located in the immediate vicinity	425
of that road as determined by the overall use of the road during	426
the preceding twenty-one years.	427

(C) A board may terminate the nonmaintained status of a	428
township road by adopting a resolution to that effect. If the	429
owner of land adjoining a road that has been placed on	430
nonmaintained status requests the board to terminate the	431
nonmaintained status of the road, the board, in its resolution	432
that terminates that nonmaintained status, may require the owner	433
to pay the costs of upgrading the road to locally adopted township	434
standards.	435

(D) A graveled road may not be placed on nonmaintained status	436
if any person resides in a residence adjacent to the road, the	437
road is the exclusive means for obtaining access to the residence,	438
and the residence is the person's primary place of residence.	439

Section 2. That existing sections 309.09, 5543.01, 5553.04,	440
5553.042, 5553.043, 5555.02, 5571.02, 5571.08, and 5571.12 of the	441
Revised Code are hereby repealed.	442

Section 3. That sections 1509.03 and 1509.06 of the Revised	443
Code as they result from Sub. H.B. 278 of the 125th General	444
Assembly contingently be amended to read as follows:	445

Sec. 1509.03.  The chief of the division of mineral resources	446
management shall adopt, rescind, and amend, in accordance with	447
Chapter 119. of the Revised Code, rules for the administration,	448
implementation, and enforcement of this chapter. The rules shall	449
include an identification of the subjects that the chief shall	450
address when attaching terms and conditions to a permit with	451
respect to a well and production facilities of a well that are	452
located within a municipal corporation or within a township that	453
has a population of more than fifteen thousand in the most recent	454
federal decennial census prior to the issuance of the permitan	455
urbanized area. The subjects shall include all of the following:	456

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

457

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

458

(C) Location of surface facilities of a well;

459

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

460

(E) Containment and disposal of drilling and production	461
wastes;	462

(F) Construction of access roads for purposes of the drilling	463
and operation of a well.	464

No person shall violate any rule of the chief adopted under	465
this chapter.	466

Any order issuing, denying, or modifying a permit or notices	467
required to be made by the chief pursuant to this chapter shall be	468
made in compliance with Chapter 119. of the Revised Code, except	469
that personal service may be used in lieu of service by mail.	470
Every order issuing, denying, or modifying a permit under this	471
chapter and described as such shall be considered an adjudication	472
order for purposes of Chapter 119. of the Revised Code.	473

Where notice to the owners is required by this chapter, the	474
notice shall be given as prescribed by a rule adopted by the chief	475
to govern the giving of notices. Such rule shall provide for	476
notice by publication except in those cases where other types of	477
notice are necessary in order to meet the requirements of the law.	478

The chief or the chief's authorized representative may at any	479
time enter upon lands, public or private, for the purpose of	480
administration or enforcement of this chapter, the rules adopted	481
or orders made thereunder, or terms or conditions of permits or	482
registration certificates issued thereunder and may examine and	483
copy records pertaining to the drilling, conversion, or operation	484
of a well for injection of fluids and logs required by division	485
(C) of section 1509.223 of the Revised Code. No person shall	486
prevent or hinder the chief or the chief's authorized	487
representative in the performance of official duties. If entry is	488
prevented or hindered, the chief or the chief's authorized	489
representative may apply for, and the court of common pleas may	490
issue, an appropriate inspection warrant necessary to achieve the	491
purposes of this chapter within the court's territorial	492
jurisdiction.	493

The chief may issue orders to enforce this chapter, rules	494
adopted thereunder, and terms or conditions of permits issued	495
thereunder. Any such order shall be considered an adjudication	496
order for the purposes of Chapter 119. of the Revised Code. No	497
person shall violate any order of the chief issued under this	498
chapter. No person shall violate a term or condition of a permit	499
or registration certificate issued under this chapter.	500

Orders of the chief denying, suspending, or revoking a	501
registration certificate; approving or denying approval of an	502
application for revision of a registered transporter's plan for	503
disposal; or to implement, administer, or enforce division (A) of	504
section 1509.224 and sections 1509.22, 1509.222, 1509.223,	505
1509.225, and 1509.226 of the Revised Code pertaining to the	506
transportation of brine by vehicle and the disposal of brine so	507
transported are not adjudication orders for purposes of Chapter	508
119. of the Revised Code. The chief shall issue such orders under	509
division (A) or (B) of section 1509.224 of the Revised Code, as	510
appropriate.	511

As used in this section, "urbanized area" means an area where	512
a well or production facilities of a well are located within a	513
municipal corporation or within a township that has an	514
unincorporated population of more than five thousand in the most	515
recent federal decennial census prior to the issuance of the	516
permit for the well or production facilities.	517

Sec. 1509.06.  An application for a permit to drill a new	518
well, drill an existing well deeper, reopen a well, convert a well	519
to any use other than its original purpose, or plug back a well to	520
a different source of supply shall be filed with the chief of the	521
division of mineral resources management upon such form as the	522
chief prescribes and shall contain each of the following that is	523
applicable:	524

(A) The name and address of the owner and, if a corporation,	525
the name and address of the statutory agent;	526

(B) The signature of the owner or the owner's authorized	527
agent. When an authorized agent signs an application, it shall be	528
accompanied by a certified copy of the appointment as such agent.	529

(C) The names and addresses of all persons holding the	530
royalty interest in the tract upon which the well is located or is	531
to be drilled or within a proposed drilling unit;	532

(D) The location of the tract or drilling unit on which the	533
well is located or is to be drilled identified by section or lot	534
number, city, village, township, and county;	535

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

536

(F) The geological formation to be tested or used and the	537
proposed total depth of the well;	538

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

539

(H) If the well is for the injection of a liquid, identity of	540
the geological formation to be used as the injection zone and the	541
composition of the liquid to be injected;	542

(I) For an application for a permit to drill a new well, a	543
sworn statement that the applicant has provided notice of the	544
application to the owner of each occupied dwelling unit that is	545
located within five hundred feet of the surface location of the	546
well if the surface location will be less than five hundred feet	547
from the boundary of the drilling unit and more than fifteen	548
occupied dwelling units are located less than five hundred feet	549
from the surface location of the well, excluding any dwelling that	550
is located on real property all or any portion of which is	551
included in the drilling unit. The notice shall contain a	552
statement that an application has been filed with the division of	553
mineral resources management, identify the name of the applicant	554
and the proposed well location, include the name and address of	555
the division, and contain a statement that comments regarding the	556
application may be sent to the division. The notice may be	557
provided by hand delivery or regular mail. The identity of the	558
owners of occupied dwelling units shall be determined using the	559
tax records of the municipal corporation or county in which the	560
dwelling unit is located as of the date of the notice.	561

(J) A plan for restoration of the land surface disturbed by	562
drilling operations. The plan shall provide for compliance with	563
the restoration requirements of division (A) of section 1509.072	564
of the Revised Code and any rules adopted by the chief pertaining	565
to that restoration.	566

(K) A description by name or number of the county, township,	567
and municipal corporation roads, streets, and highways that the	568
applicant anticipates will be used for access to and egress from	569
the well site;	570

(L) Such other relevant information as the chief prescribes	571
by rule.	572

Each application shall be accompanied by a map, on a scale	573
not smaller than four hundred feet to the inch, prepared by an	574
Ohio registered surveyor, showing the location of the well and	575
containing such other data as may be prescribed by the chief. If	576
the well is or is to be located within the excavations and	577
workings of a mine, the map also shall include the location of the	578
mine, the name of the mine, and the name of the person operating	579
the mine.	580

The chief shall cause a copy of the weekly circular prepared	581
by the division to be provided to the county engineer of each	582
county that contains active or proposed drilling activity. The	583
weekly circular shall contain, in the manner prescribed by the	584
chief, the names of all applicants for permits, the location of	585
each well or proposed well, the information required by division	586
(K) of this section, and any additional information the chief	587
prescribes. In addition, the chief promptly shall transfer an	588
electronic copy or facsimile, or if those methods are not	589
available to a municipal corporation or township, a copy via	590
regular mail, of a drilling permit application to the clerk of the	591
legislative authority of the municipal corporation or to the clerk	592
of the township in which the well or proposed well is or is to be	593
located if the municipal corporation or township has a population	594
of more than fifteen thousand in the most recent federal decennial	595
census prior to the submission of the application, the legislative	596
authority of the municipal corporation or the board of township	597
trustees has asked to receive copies of such applications, and the	598
appropriate clerk has provided the chief an accurate, current	599
electronic mailing address or facsimile number, as applicable.	600

The chief shall not issue a permit for at least ten days	601
after the date of filing of the application for the permit unless,	602
upon reasonable cause shown, the chief waives that period or a	603
request for expedited review is filed under this section. However,	604
the chief shall issue a permit within twenty-one days of the	605
filing of the application unless the chief denies the application	606
by order.	607

An applicant may file a request with the chief for expedited	608
review of a permit application if the well is not or is not to be	609
located in a gas storage reservoir or reservoir protective area,	610
as "reservoir protective area" is defined in section 1571.01 of	611
the Revised Code. If the well is or is to be located in a coal	612
bearing township, the application shall be accompanied by the	613
affidavit of the landowner prescribed in section 1509.08 of the	614
Revised Code.	615

In addition to a complete application for a permit that meets	616
the requirements of this section and the permit fee prescribed by	617
this section, a request for expedited review shall be accompanied	618
by a separate nonrefundable filing fee of five hundred dollars.	619
Upon the filing of a request for expedited review, the chief shall	620
cause the county engineer of the county in which the well is or is	621
to be located to be notified of the filing of the permit	622
application and the request for expedited review by telephone or	623
other means that in the judgment of the chief will provide timely	624
notice of the application and request. The chief shall issue a	625
permit within seven days of the filing of the request unless the	626
chief denies the application by order. Notwithstanding the	627
provisions of this section governing expedited review of permit	628
applications, the chief may refuse to accept requests for	629
expedited review if, in the chief's judgment, the acceptance of	630
the requests would prevent the issuance, within twenty-one days of	631
their filing, of permits for which applications are pending.	632

A well shall be drilled and operated in accordance with the	633
plans, sworn statements, and other information submitted in the	634
approved application.	635

The chief shall issue an order denying a permit if the chief	636
finds that there is a substantial risk that the operation will	637
result in violations of this chapter or rules adopted under it	638
that will present an imminent danger to public health or safety or	639
damage to the environment, provided that where the chief finds	640
that terms or conditions to the permit can reasonably be expected	641
to prevent such violations, the chief shall issue the permit	642
subject to those terms or conditions, including, if applicable,	643
terms and conditions regarding subjects identified in rules	644
adopted under section 1509.03 of the Revised Code.	645

Each application for a permit required by section 1509.05 of	646
the Revised Code, except an application for a well drilled or	647
reopened for purposes of section 1509.22 of the Revised Code, also	648
shall be accompanied by a nonrefundable fee of two hundred fifty	649
dollars.	650

The chief may order the immediate suspension of drilling,	651
operating, or plugging activities after finding that any person is	652
causing, engaging in, or maintaining a condition or activity that	653
in the chief's judgment presents an imminent danger to public	654
health or safety or results in or is likely to result in immediate	655
substantial damage to natural resources or for nonpayment of the	656
fee required by this section. The chief may order the immediate	657
suspension of the drilling or reopening of a well in a coal	658
bearing township after determining that the drilling or reopening	659
activities present an imminent and substantial threat to public	660
health or safety or to miners' health or safety. Before issuing	661
any such order, the chief shall notify the owner in such manner as	662
in the chief's judgment would provide reasonable notification that	663
the chief intends to issue a suspension order. The chief may issue	664
such an order without prior notification if reasonable attempts to	665
notify the owner have failed, but in such an event notification	666
shall be given as soon thereafter as practical. Within five	667
calendar days after the issuance of the order, the chief shall	668
provide the owner an opportunity to be heard and to present	669
evidence that the condition or activity is not likely to result in	670
immediate substantial damage to natural resources or does not	671
present an imminent danger to public health or safety or to	672
miners' health or safety, if applicable. In the case of activities	673
in a coal bearing township, if the chief, after considering	674
evidence presented by the owner, determines that the activities do	675
not present such a threat, the chief shall revoke the suspension	676
order. Notwithstanding any provision of this chapter, the owner	677
may appeal a suspension order directly to the court of common	678
pleas of the county in which the activity is located or, if in a	679
coal bearing township, to the reclamation commission under section	680
1513.13 of the Revised Code.	681

Section 4. That existing sections 1509.03 and 1509.06 of the	682
Revised Code as they result from Sub. H.B. 278 of the 125th	683
General Assembly are hereby contingently repealed.	684

Section 5. The amendment by this act of sections 1509.03 and	685
1509.06 of the Revised Code as they result from Sub. H.B. 278 of	686
the 125th General Assembly is contingent upon those sections	687
becoming law in the same form as they were passed by the Senate on	688
April 27, 2004, 150 Senate Journal 1769.	689

Section 6. If the amendment of sections 1509.03 and 1509.06	690
of the Revised Code by Sections 3, 4, and 5 of this act occurs,	691
those sections as amended by this act take effect on the effective	692
date of Sub. H.B. 278 of the 125th General Assembly or the	693
earliest date permitted by law, whichever is later.	694

Section 7. If any provision of section 1509.03 or 1509.06 of	695
the Revised Code, as those sections have been amended by this act,	696
or the application of those sections to any person or circumstance	697
is held invalid, the invalidity does not affect other provisions	698
or applications of those sections that can be given effect without	699
the invalid provision or application, and to this end the	700
provisions of those sections are severable.	701

Section 8. (A) There is hereby created the Oil and Gas	702
Advisory Council consisting of the Director of Natural Resources	703
and the Chief of the Division of Mineral Resources Management, or	704
their designees, as members ex officio and seven members to be	705
appointed by the Director. Of the appointed members, one shall	706
represent the interests of counties, one shall represent the	707
interests of municipal corporations, one shall represent the	708
interests of townships, one shall represent the interests of	709
owners of natural gas wells, one shall represent the owners of oil	710
wells, one shall represent the interests of contractors engaged in	711
drilling, fracturing, producing, or servicing oil and gas wells,	712
and one shall represent a statewide environmental advocacy	713
organization.	714

Not later than ninety days after the effective date of this	715
act, the Director shall make appointments to the Council.	716
Vacancies shall be filled in the manner provided for original	717
appointments.	718

The Director, or the Director's designee, shall serve as	719
chairperson of the Council. The Council shall select from among	720
its members a vice-chairperson and a secretary who shall make a	721
record of its proceedings. The Council shall meet at times that	722
the chairperson considers appropriate. A majority vote of the	723
members of the Council is necessary to take action on any matter.	724

Serving as a member of the Council does not constitute	725
holding a public office or position of employment under the laws	726
of this state and does not constitute grounds for removal of	727
public officers or employees from their offices or positions of	728
employment. Appointed members of the Council shall serve without	729
compensation for attending Council meetings.	730

The Council shall advise and assist the Chief in adopting	731
rules under section 1509.03 of the Revised Code identifying the	732
subjects to be addressed by the Chief when attaching terms and	733
conditions to permits for wells and production facilities of wells	734
that are located in specified areas. The Council shall cease to	735
exist when the rules are adopted.	736

(B) The enactment of this section is contingent on the	737
amendments to section 1509.03 of the Revised Code made by Sub.	738
H.B. 278 of the 125th General Assembly becoming law in the same	739
form as they were passed by the Senate on April 27, 2004, 150	740
Senate Journal 1769.	741

Section 9. This act is hereby declared to be an emergency	742
measure necessary for the immediate preservation of the public	743
peace, health, and safety. The reason for the necessity is that	744
immediate action is necessary to avoid the undue financial burden	745
on local governments to maintain roads that are no longer in	746
general use. Therefore, this act shall go into immediate effect.	747