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S. B. No. 78 As IntroducedAs Introduced
129th General Assembly | Regular Session | 2011-2012 |
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Cosponsors:
Senators Tavares, Smith
A BILL
To amend section 1505.07 of the Revised Code to ban
the taking or removal of oil or natural gas from
and under the bed of Lake Erie.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1505.07 of the Revised Code be
amended to read as follows:
Sec. 1505.07. (A) Subject to the
limitation
limitations set
forth in
division (B) of this section and in section 1505.08 of
the Revised Code, the director of natural resources, with the
approval of the director of environmental protection, the attorney
general, and the governor, may issue permits and make leases to
parties making application for permission to take and remove sand,
gravel, stone, and other minerals or substances from and under the
bed of Lake Erie, either upon a royalty or rental basis, as
he
the
director of natural resources determines to be best for the state.
Permits shall be issued for terms of not less than one year nor
more than ten years, and leases shall be for a term of years or
until the economic extraction of the mineral or other substance
covered thereby has been completed. Such taking and removal shall
be within certain fixed boundaries that do not conflict with the
rights of littoral owners. Upon request from the holder of a
permit, it shall be canceled, but in the case of any permit or
lease, any equipment or buildings owned by the permittee or lessee
shall be held as security by the director of natural resources for
payment of all rentals or royalties due the state at the time of
cancellation.
(B) The director of natural resources shall not issue any
permit or make any lease under division (A) of this section to
take or remove oil or natural gas from and under the bed of Lake
Erie.
(C) No person shall remove sand, gravel, stone, or other
minerals or substances from and under the bed of Lake Erie without
first obtaining a permit or lease therefor from the director.
(D) The director
of natural resources may, in accordance with
Chapter 119. of the Revised Code, adopt, amend, and rescind rules
for the administration, implementation, and enforcement of this
section.
Section 2. That existing section 1505.07 of the Revised Code
is hereby repealed.
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