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S. B. No. 270 As Reported by the Senate State and Local Government and Veterans Affairs CommitteeAs Reported by the Senate State and Local Government and Veterans Affairs Committee
|128th General Assembly|
Senators Hughes, Miller, R.
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, and to declare an emergency.
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
(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.
Section 2. This act is hereby declared to be an emergency
measure necessary for the immediate preservation of the public
peace, health, and safety. The reason for such necessity is that
the selection of an eligible dam project under this act is time
sensitive, and the timely enactment of this act is necessary in
order to ensure the selection of an appropriate eligible dam
project. Therefore, this act shall go into immediate effect.