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| To enact section 1513.151 of the Revised Code to | 1 |
| provide immunity from liability for eligible | 2 |
| landowners who provide access to abandoned mine | 3 |
| lands located on the landowner's land for purposes | 4 |
| of reclamation. | 5 |
| Section 1. That section 1513.151 of the Revised Code be | 6 |
| enacted to read as follows: | 7 |
| Sec. 1513.151. (A) As used in this section: | 8 |
| (1) "Eligible landowner" means a landowner who provides | 9 |
| access to abandoned mine lands located on the landowner's land or | 10 |
| water resource, without charge or other consideration, for the | 11 |
| purpose of allowing the implementation of a reclamation project on | 12 |
| the abandoned mine lands. "Eligible landowner" does not include a | 13 |
| person that is or will become responsible under state or federal | 14 |
| law to reclaim the land or address water pollution existing or | 15 |
| emanating from the land as a result of past coal mining. | 16 |
| (2) "Landowner" means a person who holds a fee interest in | 17 |
| real property. | 18 |
| (3) "Reclamation project" means reclamation and any water | 19 |
| pollution abatement project associated with the reclamation | 20 |
| conducted in compliance with Chapters 1513. and 6111. of the | 21 |
| Revised Code and rules adopted under those chapters, as | 22 |
| applicable, on abandoned mine lands located on land owned by an | 23 |
| eligible landowner. | 24 |
| (4) "Reclamation project sponsor" means a person that | 25 |
| provides equipment, materials, or services at no cost or at cost | 26 |
| for a reclamation project. "Reclamation project sponsor" does not | 27 |
| include a person that is or will become responsible under state or | 28 |
| federal law to reclaim the land or address water pollution | 29 |
| existing or emanating from the land as a result of past coal | 30 |
| mining. | 31 |
| (5) "Reclamation project work area" means the portion of a | 32 |
| parcel of real property on which a reclamation project is | 33 |
| conducted. | 34 |
| (B) Except as provided in divisions (C) and (D) of this | 35 |
| section, an eligible landowner is immune from liability as | 36 |
| follows: | 37 |
| (1) For any injury to or damage suffered by a person working | 38 |
| under the direct supervision of the reclamation project sponsor | 39 |
| while the person is within the reclamation project work area; | 40 |
| (2) For any injury to or damage suffered by a third party | 41 |
| that arises out of or occurs as a result of an act or omission of | 42 |
| the reclamation project sponsor during the implementation of the | 43 |
| reclamation project; | 44 |
| (3) For any injury to or damage suffered by a third party | 45 |
| that arises out of or occurs as a result of the reclamation | 46 |
| project; | 47 |
| (4) For any pollution resulting from a reclamation project; | 48 |
| (5) For the operation, maintenance, or repair of any water | 49 |
| pollution abatement facility constructed or installed during a | 50 |
| reclamation project unless the eligible landowner negligently | 51 |
| damages or destroys the water pollution abatement facility or | 52 |
| denies access to the reclamation project sponsor who is | 53 |
| responsible for the operation, maintenance, or repair of the water | 54 |
| pollution abatement facility. | 55 |
| (C) The eligible landowner shall notify a project sponsor of | 56 |
| a known, latent, or dangerous condition located at a reclamation | 57 |
| project work area that is not the subject of the reclamation | 58 |
| project. The immunity established in division (B) of this section | 59 |
| does not apply to any injury, damage, or pollution resulting from | 60 |
| the eligible landowner's failure to notify the project sponsor of | 61 |
| such a known, latent, or dangerous condition. | 62 |
| (D) The immunity established in division (B) of this section | 63 |
| does not apply in both of the following circumstances: | 64 |
| (1) An injury to a person within the reclamation project work | 65 |
| area that results from an eligible landowner's acts or omissions | 66 |
| that are reckless or constitute gross negligence or willful or | 67 |
| wanton misconduct; | 68 |
| (2) An eligible landowner who engages in any unlawful | 69 |
| activities with respect to a reclamation project. | 70 |
| (E) The chief of the division of mineral resources management | 71 |
| shall adopt rules under Chapter 119. of the Revised Code that are | 72 |
| necessary to implement this section. | 73 |