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(122nd General Assembly)(Amended Substitute Senate Bill Number 132)
AN ACT
To amend sections 303.211, 519.211, and 4921.11 and to
enact sections 4921.35 to 4921.40 of the Revised
Code to provide a new state certification system for household
goods moving companies in Ohio that generally eliminates
restrictions as to area of service;
to subject to that
certification system existing certificate holders and
certain previously exempt household goods moving companies;
and to authorize county and
township zoning of public utilities engaged in the business of
transporting persons or property, with certain exceptions.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1 . That sections 303.211, 519.211, and 4921.11
be amended and sections 4921.35, 4921.36, 4921.37, 4921.38,
4921.39, and 4921.40 of the Revised Code be enacted
to read as follows:
Sec. 303.211. (A) Except as otherwise provided
in division (B) or (C) of this section, sections 303.01 to
303.25 of the
Revised
Code do not confer any power on any board of county commissioners
or board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after the effective date of this amendment
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use. (d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as set forth in the applicable zoning
regulations, or the maximum allowable height of such a free-standing structure
as set forth in any applicable zoning regulations in effect immediately prior
to the effective date of this amendment October 31,
1996, or as those regulations subsequently are
amended. (ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to the effective date of this amendment
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 303.01 to 303.25 of the Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to the location,
erection, construction, reconstruction, change, alteration, removal, or
enlargement of a telecommunications
tower, but not with respect to the maintenance or use of such a tower or any
change or alteration that would not substantially increase the tower's
height. However, the power so conferred shall apply to a particular
telecommunications tower only upon the provision of a notice, in accordance
with division (B)(4)(a) of this
section, to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to county zoning regulations shall provide both
of the following by certified mail: (a) Written notice to the board of township trustees of the
township in which the tower is proposed to be constructed and to each owner of
property, as shown on the county auditor's current tax list, whose land is
contiguous to or directly across a street or roadway from the property on
which the tower is proposed to be constructed, stating all of the following in
clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, such board of township trustees or any such property owner may
give written notice to the board of county commissioners requesting that
sections 303.01 to 303.25 of the Revised Code apply to the proposed location
of the tower as
provided under division (B)(4)(a) of this section. If the notice to the board of township trustees or to a property owner is
returned unclaimed or refused, the person shall mail the notice by regular
mail. The failure of delivery of the notice does not invalidate the notice. (b) Written notice to the board of county commissioners of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of county commissioners receives notice from
the board of township trustees or a property owner under division
(B)(3)(a)(iii) of this section within the time
specified in that division or if a member of the board of county commissioners
makes an objection to the proposed location of the telecommunications tower
within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board of
county commissioners shall send the person proposing to construct the tower
written notice that the tower is subject to the power conferred by and in
accordance with division (B)(2) of this section. The notice shall be
sent no later than five
days after the earlier of the date the board first receives such a notice from
the board of township trustees or a property owner or the date upon which a
member of the board of county commissioners makes an objection. Upon the date
of mailing of the notice to the person, sections 303.01 to 303.25 of the Revised Code shall
apply to the tower. (b) If the board of county commissioners receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) sections 303.01 to 303.25 of the
Revised Code confer power on a board of
county commissioners or board of zoning appeals with respect to
the location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of county commissioners or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 303.01 to 303.25 of the Revised Code
confer no power on any county rural zoning
commission, board of county commissioners, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (D)(E) Sections 303.01 to 303.25 of the Revised Code do
not confer any power on any county rural
zoning commission, board of county commissioners, or board of
zoning appeals to prohibit the use of any land owned or leased by
an industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants.
(E)(F)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence, stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice.
(2) As used in division (E)(F) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence; (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use. Sec. 519.211. (A) Except as otherwise provided in
division (B) or (C) of this section, sections 519.02 to 519.25
of the
Revised Code confer no power on any board of township trustees or
board of zoning appeals in respect to the location, erection,
construction, reconstruction, change, alteration, maintenance,
removal, use, or enlargement of any buildings or structures of
any public utility or railroad, whether publicly or privately
owned, or the use of land by any public utility or railroad, for
the operation of its business. (B)(1) As used in this division, "telecommunications tower" means
any
free-standing structure, or any structure to be attached to a building or
other
structure, that meets all of the following criteria: (a) The free-standing or attached structure is proposed to be
constructed on or after the effective date of this amendment
October 31, 1996. (b) The free-standing or attached structure is proposed to be
owned or principally used by a public utility engaged in the provision of
telecommunications services. (c) The free-standing or attached structure is proposed to be
located in an unincorporated area of a township, in an area zoned for
residential use. (d)(i) The free-standing structure is proposed to top at
a height that is greater than either the maximum allowable height of
residential
structures within the zoned area as
set forth in the applicable zoning regulations, or the maximum allowable
height of such a free-standing structure as set
forth in any applicable zoning regulations in effect immediately prior to
the effective date of this amendment October 31,
1996, or as those regulations subsequently are amended. (ii) The attached structure is proposed to top at
a height that is greater than either the height of the building or other
structure to which it is to be attached, or the maximum allowable height of
such an attached structure as set forth in any applicable zoning regulations
in effect immediately prior to the effective date of this amendment
October 31, 1996, or as those regulations
subsequently are amended. (e) The free-standing or attached structure is proposed to
have attached to it radio frequency transmission or reception equipment. (2) Sections 519.02 to 519.25 of the Revised Code confer power on a board of
township
trustees
or board of zoning appeals with respect to the location, erection,
construction, reconstruction, change, alteration, removal, or enlargement of a
telecommunications tower, but not with respect to the maintenance or use of
such a tower or any change or alteration that would not substantially increase
the tower's height. However, the power so conferred shall apply to a
particular telecommunications tower only upon the provision of a notice, in
accordance with division (B)(4)(a) of this section,
to the person proposing to construct the tower. (3) Any person who plans to construct a telecommunications tower
in an area subject to township zoning regulations shall provide both
of the following by certified mail: (a) Written notice to each owner of property, as shown on the
county auditor's current tax list, whose land is contiguous to or directly
across a street or roadway from the property on which the tower is proposed to
be constructed, stating all of the following in clear and concise language: (i) The person's intent to construct the tower; (ii) A description of the property sufficient to identify the
proposed location; (iii) That, no later than fifteen days after the date of mailing
of the notice, any such property owner may give written notice to the board of
township trustees requesting that sections 519.02 to 519.25 of the Revised Code apply to the
proposed location of the tower as provided under division
(B)(4)(a) of this section. If the notice to a property owner is returned unclaimed or refused, the
person shall mail the notice by regular mail. The failure of delivery of the
notice does not invalidate the notice. (b) Written notice to the board of township trustees of the
information specified in divisions (B)(3)(a)(i)
and (ii) of this section. The notice to the board also shall
include verification that the person has complied with division
(B)(3)(a) of this section. (4)(a) If the board of township trustees receives notice from a
property owner under division (B)(3)(a)(iii)
of this section within the time specified in that division or if a board
member makes an objection to the proposed location of the telecommunications
tower within fifteen days after the date of mailing of the notice sent under
division (B)(3)(b) of this section, the board shall
request that the clerk of the township send the person proposing to construct
the tower written notice that the tower is subject to the power conferred by
and in accordance with division (B)(2) of this section. The notice
shall be sent no later
than five days after the earlier of the date the board first receives such a
notice from a property owner or the date upon which a board member makes an
objection. Upon the date of mailing of the notice to the person, sections
519.02 to 519.25 of the Revised Code shall apply to the tower. (b) If the board of township trustees receives no notice under
division (B)(3)(a)(iii) of this section
within the time prescribed by that division or no board member has an
objection as provided under division (B)(4)(a) of
this section within the time prescribed by that division, division
(A) of this section shall apply to the tower without exception. (C) sections 519.02 to 519.25 of the
Revised Code confer power on a board of
township trustees or board of zoning appeals with respect to the
location, erection, construction, reconstruction, change,
alteration, maintenance, removal, use, or enlargement of any
buildings or structures of a public utility engaged in the
business of transporting persons or property, or both, or
providing or furnishing such transportation service, over any
public street, road, or highway in this state, and with respect
to the use of land by any such public utility for the operation
of its business, to the extent that any exercise of such power
is reasonable and not inconsistent with Chapters 4901., 4903., 4905.,
4909., 4921., and 4923. of the
Revised Code. However, this division
confers no power on a board of township trustees or board of
zoning appeals with respect to a building or structure of, or
the use of land by, a person engaged in the transportation of
farm supplies to the farm or farm products from farm to market
or to food fabricating plants. (D) Sections 519.02 to 519.25 of the Revised Code confer no
power on any
township zoning
commission, board of township trustees, or board of zoning
appeals to prohibit the sale or use of alcoholic beverages in
areas where the establishment and operation of any retail
business, hotel, lunchroom, or restaurant is permitted. (D)(E) Sections 519.02 to 519.25 of the Revised Code do not
confer
any power on any township
zoning commission, board of township trustees, or board of zoning
appeals to prohibit the use of any land owned or leased by an
industrial firm for the conduct of oil or natural gas well
drilling or production activities or the location of associated
facilities or equipment when such oil or natural gas obtained by
the industrial firm is used for the operation of its own plants.
(E)(F)(1) Any person who plans to construct a
telecommunications tower within one hundred feet of a residential dwelling
shall provide a written notice to the owner of the residential dwelling and to
the person occupying the residence, if that person is not the owner of the
residence stating in clear and concise language the person's intent to
construct the tower and a description of the property sufficient to identify
the proposed location. The notice shall be sent by certified mail. If the
notice is returned unclaimed or refused, the person shall mail the notice by
regular mail. The failure of delivery does not invalidate the notice.
(2) As used in division (E)(F) of this
section: (a) "Residential dwelling" means a building used or intended to
be used as a personal residence by the owner, part-time owner, or lessee of
the
building, or any person authorized by such a person to use the building as a
personal residence; (b) "Telecommunications tower" has the same meaning as in
division (B)(1) of this section, except that
the proposed location of the free-standing or attached structure may be an
area
other than an unincorporated area of a township, in an area zoned for
residential use. Sec. 4921.11. (A) As used in this section, "motor
transportation company" has the same meaning as in section
4921.35 of the Revised Code. (B) No certificate of public convenience and
necessity shall be issued by the public utilities commission to
any motor transportation company until it has filed with the
commission a liability insurance certificate, policy, or bond
satisfactory to the commission, in such sum and with such
provisions as the commission deems necessary adequately to
protect the interests of the public, having due regard for the
number of persons and amount of property affected. Such
liability insurance certificate, policy, or bond shall insure
such company against loss sustained by reason of the death of or
injuries to persons and for loss of or damage to property
resulting from the negligence of such company. (C) No such certificate of public convenience and necessity
shall be issued to such a company until it has filed with the
commission a freight cargo insurance certificate, policy, or bond
which that the commission has determined to be adequate to
protect the
interests of the shipping public. Such freight cargo insurance
certificate, policy, or bond shall insure such company against
all loss, in excess of fifty one thousand dollars and within the
limits fixed
in such certificate, policy, or bond, sustained by reason of any
loss or damage to the property being transported. Such (D) A certificate, policy, or bond required by this
section shall provide that ten
days' notice in writing shall be given to the commission of
intention to cancel such insurance certificate, policy, or bond.
If such a certificate, policy, or bond is canceled during its
term or lapses for any reason, the commission shall require such
the
company to replace such certificate, policy, or bond it with
another
certificate, policy, or bond fully complying with the
requirements of this section. In default of such replacement,
all operations under the certificate of public convenience and
necessity shall cease immediately, and further operations shall
not be conducted without the specific approval of the commission,
which may be given after the motor transportation company has
complied with this section. The commission shall not reinstate
such a certificate of public convenience and necessity until a
satisfactory insurance certificate, policy, or bond has been
filed. (E) To ensure minimum standards of protection of the
consumer's household goods, the commission may adopt
rules governing requirements for cargo insurance for motor
transportation companies engaged, for hire, in the business of
transporting household goods over a public highway in this
state. As used in this division, "household goods" has the same
meaning as in section 4921.35 Of the Revised Code. Sec. 4921.35. As used in sections 4921.35 to 4921.40 of
the Revised Code: (A) "Household goods" means
personal effects and property used or to be used in a dwelling,
excluding property
moving from a factory or store. (B) "Motor
transportation company" has the
same meaning as in section 4921.02 of the
Revised Code, except that
it includes any person otherwise exempted under
division (A)(2) of that section that is engaged, for hire, in
the business of transporting household goods over a public highway
in this state. (C) "Person" has the same meaning as in section 1.59 of the
Revised Code. Sec. 4921.36. Except as otherwise provided
in sections 4921.35 to 4921.40 of the
Revised Code, a motor transportation
company engaged, for hire, in the business of transporting
household goods over a public highway in this state: (A) Is subject to sections 4921.01 to 4921.32 of the
Revised Code and to all other
provisions of the Revised Code applicable to a motor
transportation company that is subject to sections 4921.01 to
4921.32 of the Revised Code, including sections
4506.22, 4511.78, 5502.01, 5503.02, and
5503.34 of the Revised Code; (B) Is not a public utility as defined in section 4911.02 of the
Revised Code. Sec. 4921.37. Notwithstanding any provision
of this chapter or Chapters 4901. to 4909. and 4923. of the
Revised Code to the contrary: (A) Not later than six
months after the effective date of this section, the public
utilities commission, in accordance with sections 4921.35 to
4921.40 of the Revised Code, shall establish by order
a certification system for motor transportation companies
engaged, for hire, in the business of
transporting household goods over a public highway in this
state. (B) Beginning on the effective date of the order of
the commission as initially issued under division
(A) of this section, no motor
transportation company shall engage,
for hire, in the business of transporting household goods over a
public highway in this state without first holding a valid
certificate issued by the public utilities commission pursuant
to sections 4921.35 to 4921.40 of the Revised Code. (C) No motor transportation company
engaged, for hire, in the business of transporting household goods over a
public highway in this state
shall fail to
comply with this section or the order
of the commission issued under this section. Sec. 4921.38. (A) The public utilities
commission shall approve an application for a certificate under
sections 4921.35 to 4921.40 of the
Revised Code and shall issue a
certificate, provided the applicant
submits to the commission a completed
application, on a form prescribed by the commission, that
is substantially the same as the application prescribed by
the commission pursuant to sections 4921.08 and 4921.09 of the
Revised
Code, and includes a
certification of all of the following by responsible officials
of the applicant: (1) The applicant's workers'
compensation coverage is current pursuant to Chapter 4123. of the
Revised Code. (2) The applicant's unemployment
compensation coverage is current pursuant to Chapter 4141. of the
Revised Code. (3) The applicant's financial responsibility
relating to cargo insurance requirements is in accordance with rules adopted
by the commission under section 4921.11
of the
Revised Code. (B) The commission shall
not approve any application that does not contain the proper
certifications required by this section. The commission may
revoke a certificate issued under division
(A) of this section if, after
at least fifteen days' advance notice to the certificate holder
of the basis for such action and providing the holder with an
opportunity for a hearing, the commission finds that the holder
is not in compliance with this chapter, or rules adopted or
orders issued thereunder. A certificate issued under division
(A) of this section is valid
for one year and is renewable annually. (C) The application fee
for a certificate issued under this section shall be based on
the certificate holder's gross revenue, in the
prior year, for the intrastate transportation of household
goods. The commission shall establish, by order, ranges of
gross revenue and the fee for each range. The fees established by the
commission under this division shall be credited to the public utilities fund
and shall be used for the purposes of administering and enforcing sections
4921.35 to 4921.40 Of the Revised Code. The application fee shall be established so that the total fees collected
in fiscal year 1999 are no greater than one hundred twenty-five thousand
dollars. The application fee shall be established so that the total
fees collected for any other fiscal year are approximately the same as
the appropriations made for that fiscal year for the
administration of sections 4921.35 to 4921.40 of the
Revised
Code. In the event that the
total fees collected for a fiscal year exceed such
appropriations, the excess shall be used to reduce the amount of
the fees that would otherwise be established pursuant to this
section for the next fiscal year. Sec. 4921.39. (A) Each holder of a
certificate issued under sections 4921.35 to 4921.40 of
the Revised Code shall do all of the
following: (1) Make its current
certificate available for public inspection during normal
business hours; (2) Present each of its
customers with information, written in plain and clear language
and pursuant to a form prescribed by the commission,
outlining a consumer's rights; (3) Include its certificate number on all advertising,
written estimates, and contracts, pursuant to rules adopted by the
commission. (B) No motor
transportation company engaged, for hire, in the business of
transporting household goods over a public HIGHWAY in this state
shall violate or fail to perform a duty imposed by this chapter
or rules adopted thereunder, or an order of the commission
issued to secure compliance with this chapter or any rules
adopted thereunder. Sec. 4921.40. In accordance with section 4921.04 of the
Revised
Code, the public utilities
commission may adopt rules: (A) Providing for
binding estimates by motor transportation companies engaged, for
hire, in the business of transporting household goods over a
public HIGHWAY in this state; (B) Providing for
guaranteed-not-to-exceed estimates by such motor transportation
companies; (C) Requiring such motor
transportation companies to include their certificate number in
all advertising, written estimates, and contracts related to the
transportation of household goods
in this state; (D) As are necessary and
proper to carry out this chapter with respect to such motor
transportation companies. SECTION 2 . That existing sections
303.211, 519.211, and 4921.11 of the
Revised Code are hereby repealed.
SECTION 3 . A motor transportation company engaged, for hire, in
the business of transporting household goods over a public
highway in this state pursuant to a certificate issued prior to
the effective date of this act by the Public Utilities
Commission under sections 4921.01 to 4921.32 of the Revised Code
may continue to engage in such business under the terms and
conditions of the certificate as they apply to the certificate
holder, provided that the company files an application with the
Commission for a certificate in accordance with sections 4921.35
to 4921.40 of the Revised Code, as enacted by this act, not
later than one month after the effective date of the order
issued by the Commission under section 4921.37 of the Revised
Code, as enacted by this act. The company may continue to
engage in such business under its existing certificate only
until the later of the last day of that month or the effective
date of the Commission's approval or disapproval of the
company's application filed within that month. On the
applicable date, the company's existing certificate expires by
operation of law. Nothing in this section or in the terms or
conditions of an existing certificate affects the right of
another person to apply for, or the authority of the Commission
to grant to such person, as of the effective date of the order,
a certificate under section 4921.35 to 4921.40 of the Revised
Code, as enacted by this act.
SECTION 4 . A motor transportation company that was engaged, for
hire, in the business of transporting household goods over a
public highway in this state prior to the effective date of the
Commission's order issued under section 4921.37 of the Revised
Code, as enacted by this act, and that was exempt from
regulation by the Commission pursuant to division (A)(2) of
section 4921.02 of the Revised Code may continue to engage in
such business until the Commission acts upon its application,
provided that the company files an application with the
Commission for a certificate in accordance with section 4921.35
to 4921.40 of the Revised Code, as enacted by this act, not
later than 90 days after the effective date of the order issued
by the Commission under section 4921.37 of the Revised Code, as
enacted by this act.
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