130th Ohio General Assembly
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Am. S. B. No. 270  As Reported by the House Agriculture and Natural Resources Committee (Corrected Version)
As Reported by the House Agriculture and Natural Resources Committee (Corrected Version)

128th General Assembly
Regular Session
2009-2010
Am. S. B. No. 270


Senators Hughes, Miller, R. 

Cosponsors: Senators Goodman, Harris, Schiavoni, Strahorn, Turner, Cates 



A BILL
To establish a dam construction permit pilot program that, with respect to an eligible dam project, establishes permit fee and bonding requirements that are different from the permit fee and bonding requirements otherwise required under applicable law.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. (A) As used in this section, "eligible dam project" means a proposed upground reservoir that has an estimated construction cost exceeding forty million dollars.
(B) The Chief of the Division of Soil and Water Resources in the Department of Natural Resources shall select one eligible dam project for purposes of a dam construction permit pilot program. For purposes of the pilot program, divisions (C) and (D) of this section apply to the eligible dam project that is selected under this division. The eligible dam project shall comply with all applicable requirements established in Chapter 1521. of the Revised Code and rules adopted under it except as otherwise provided in divisions (C) and (D) of this section.
(C) The filing fee for an eligible dam project for purposes of division (B) of section 1521.06 of the Revised Code shall be determined by the Chief, but shall not exceed one per cent of the detailed cost estimate for the eligible dam project that is filed with and approved by the Chief. The fee charged under this division shall be charged notwithstanding the specific requirements regarding fees established in division (B) of section 1521.06 of the Revised Code.
(D)(1) The Chief may accept a surety bond or other security for an eligible dam project that is less than the surety bond or other security otherwise required under section 1521.061 of the Revised Code if the applicant for the permit demonstrates a lesser cost to mitigate a potential failure of the eligible dam project during construction or first filling of the eligible dam project. In addition, the Chief may accept incremental surety bond or other security amounts scheduled over the construction period of the eligible dam project if the applicant demonstrates that the incremental amounts are sufficient to mitigate a potential failure during different phases of construction. The Chief shall include the phased surety schedule as a term of the permit issued for the eligible dam project under Chapter 1521. of the Revised Code.
(2) If the eligible dam project cannot be filled to the normal operating pool level within one year after the approval of the completed construction, the bond or other security shall not be released until both of the following occur:
(a) The reservoir is filled to a normal operating pool level.
(b) Final approval is given by the Chief.
The bond or other security for the eligible dam project shall be released within thirty days after the approval of the Chief has been given.
(E) Within thirty days after the issuance of the construction permit for the eligible dam project that is the subject of the dam construction permit pilot program established under this section, the Chief shall submit a report to the General Assembly outlining the Chief's findings as to the efficacy of the pilot program established under this section. The report may include recommendations regarding statutory changes necessary for the effective regulation of dams in this state.
(F) This section expires upon the submission of the report under division (E) of this section.
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