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H. B. No. 41 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Representatives Foley, Driehaus, Ramos, Patterson, Rogers
A BILL
To amend section 1509.02 and to enact section 1509.39
of the Revised Code to authorize a political
subdivision to enact and enforce health and safety
standards for oil and gas drilling and
exploration.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1509.02 be amended and section
1509.39 of the Revised Code be enacted to read as follows:
Sec. 1509.02. There is hereby created in the department of
natural resources the division of oil and gas resources
management, which shall be administered by the chief of the
division of oil and gas resources management. The division has
sole and exclusive authority to regulate the permitting, location,
and spacing, installation, operation, maintenance, abandonment,
plugging, and site restoration of, disposal of waste from, and all
matters related to oil and gas wells and production operations
within the state that are necessary to protect the health and
safety of the public, property, and the environment, excepting
only those activities regulated under federal laws for which
oversight has been delegated to the environmental protection
agency and activities regulated under sections 6111.02 to 6111.029
of the Revised Code. The regulation of oil and gas activities is a
matter of general statewide interest that requires uniform
statewide regulation, and this chapter and rules adopted under it
constitute a comprehensive plan with respect to all aspects of the
locating, drilling, well stimulation, completing, and operating of
oil and gas wells within this state, including site construction
and restoration, permitting related to those activities, and the
disposal of wastes from those wells. In order to assist the
division in the furtherance of its sole and exclusive authority as
established in this section, the chief may enter into cooperative
agreements with other state agencies for advice and consultation,
including visitations at the surface location of a well on behalf
of the division. Such cooperative agreements do not confer on
other state agencies any authority to administer or enforce this
chapter and rules adopted under it. In addition, such cooperative
agreements shall not be construed to dilute or diminish the
division's sole and exclusive authority as established in this
section. Nothing in this section affects the authority granted to
the director of transportation and local authorities in section
723.01 or 4513.34 of the Revised Code, provided that the authority
granted under those sections shall not be exercised in a manner
that discriminates against, unfairly impedes, or obstructs oil and
gas activities and operations regulated under this chapter.
The chief shall not hold any other public office, nor shall
the chief be engaged in any occupation or business that might
interfere with or be inconsistent with the duties as chief.
All moneys collected by the chief pursuant to sections
1509.06, 1509.061, 1509.062, 1509.071, 1509.13, 1509.22, 1509.222,
1509.28, 1509.34, and 1509.50 of the Revised Code, ninety per cent
of moneys received by the treasurer of state from the tax levied
in divisions (A)(5) and (6) of section 5749.02 of the Revised
Code, all civil penalties paid under section 1509.33 of the
Revised Code, and, notwithstanding any section of the Revised Code
relating to the distribution or crediting of fines for violations
of the Revised Code, all fines imposed under divisions (A) and (B)
of section 1509.99 of the Revised Code and fines imposed under
divisions (C) and (D) of section 1509.99 of the Revised Code for
all violations prosecuted by the attorney general and for
violations prosecuted by prosecuting attorneys that do not involve
the transportation of brine by vehicle shall be deposited into the
state treasury to the credit of the oil and gas well fund, which
is hereby created. Fines imposed under divisions (C) and (D) of
section 1509.99 of the Revised Code for violations prosecuted by
prosecuting attorneys that involve the transportation of brine by
vehicle and penalties associated with a compliance agreement
entered into pursuant to this chapter shall be paid to the county
treasury of the county where the violation occurred.
The fund shall be used solely and exclusively for the
purposes enumerated in division (B) of section 1509.071 of the
Revised Code, for the expenses of the division associated with the
administration of this chapter and Chapter 1571. of the Revised
Code and rules adopted under them, and for expenses that are
critical and necessary for the protection of human health and
safety and the environment related to oil and gas production in
this state. The expenses of the division in excess of the moneys
available in the fund shall be paid from general revenue fund
appropriations to the department.
Sec. 1509.39. This chapter and rules adopted under it shall
not be construed to prevent a municipal corporation, county, or
township from enacting and enforcing health and safety standards
for the drilling and exploration for oil and gas, provided that
those standards are not less restrictive than this chapter and
rules adopted under it. A county or township shall not adopt or
enforce any ordinances, resolutions, rules, or requirements
relative to the minimum acreage requirements for drilling units;
minimum distances from which a new well or related production
facilities may be drilled or an existing well deepened, plugged
back, or reopened to a source of supply different from the
existing pool from boundaries of tracts, drilling units, or other
facilities or features specified in section 1509.021 or 1509.23 of
the Revised Code; or the restoration or plugging of an oil or gas
well.
Section 2. That existing section 1509.02 of the Revised Code
is hereby repealed.
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