reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.93 | Duties of Operator.

Effective:
April 16, 1993
Latest Legislation:
House Bill 365 - 119th General Assembly
Each operator shall do all of the following:
(A) Comply with sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code. For the purpose of that compliance, the act or omission of any officer, employee, or agent of an operator, while acting within the scope of his duties or employment, is deemed the act or omission of the operator.
(B) Establish and maintain any record, make any report, and provide any information and evidence the commission requires to administer and enforce sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code;
(C) Permit officers, employees, and agents of the commission to enter and inspect the operator's premises, and its intrastate pipe-line transportation; and inspect, examine, and copy its books, papers, records, contracts, and other relevant documents, as the commission requires to administer and enforce sections 4905.90 to 4905.96 of the Revised Code and the pipe-line safety code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.96 | Civil Action Against Operator.

Effective:
April 16, 1993
Latest Legislation:
House Bill 365 - 119th General Assembly
(A) Upon the written request of or order by the public utilities commission, the attorney general shall bring a civil action against an operator in the name of the state to enforce orders of the commission issued under section 4905.95 of the Revised Code, including orders assessing forfeitures under division (B)(1) of that section, and for other appropriate relief, including a temporary restraining order or a preliminary or permanent injunction. The action may be brought in the court of common pleas of Franklin county, the court of common pleas of any county in which venue is proper under the Rules of Civil Procedure, or the appropriate United States district court pursuant to 82 Stat. 720 (1968), 49 U.S.C.A. App. 1686. The action has precedence over all other civil actions in common pleas court.
(B) The attorney general shall file a certified copy of the order of the commission or decision of the supreme court affirming or modifying that order when the civil action to enforce that order or decision is brought in the court of common pleas. The order or decision is a mandate to the court of common pleas for execution of the order or decision. The issue of an operator's compliance with the order or decision shall be heard in a hearing before the court of common pleas.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4905 | Public Utilities Commission - General Powers › Section 4905.99 | Penalty.

Effective:
September 13, 2010
Latest Legislation:
Senate Bill 162 - 128th General Assembly
(A) Whoever violates section 4905.52 of the Revised Code shall be fined not less than fifty nor more than five hundred dollars.
(B) Whoever violates section 4905.56 of the Revised Code is guilty of a felony of the fifth degree.
(C) Whoever violates section 4905.74 of the Revised Code is guilty of a misdemeanor of the third degree.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.021 | Ad Hoc Member Requirement, Qualifications.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) For the purposes of this section and section 4906.022 of the Revised Code:
(1) "Immediate family member" means a person's:
(a) Spouse;
(b) Brother or sister of the whole, or of the half, blood, or by marriage;
(c) Children, including adopted children; and
(d) Parents.
(2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code.
(B) Whenever an application is made to the power siting board for a certificate or a material amendment to an existing certificate for a utility facility, the board shall include two voting ad hoc members to represent the interests of the residents of the area in which the utility facility is to be located.
(C)(1) The ad hoc members shall be:
(a) The chairperson of the board of township trustees of the township in which the utility facility is to be located or the chairperson's designee;
(b) The president of the board of county commissioners of the county in which the utility facility is to be located or the president's designee.
(2) If a utility facility is to be located in multiple townships, a single ad hoc member to represent the townships shall be chosen by a majority vote of all of the boards of township trustees of the townships in which the utility facility is to be located.
(3) If a utility facility is to be located in multiple counties, a single ad hoc member to represent the counties shall be chosen by a majority vote of all of the boards of county commissioners of the counties in which the utility facility is to be located.
(D)(1) No person shall serve as such an ad hoc member if the person:
(a) Is party to a lease agreement with, or has granted an easement to, the developer of a utility facility;
(b) Holds any other beneficial interest in a utility facility;
(c) Has an immediate family member who is party to a lease agreement with, or has granted an easement to, the developer of the utility facility;
(d) Has an immediate family member who holds any beneficial interest in a utility facility;
(e) Has an immediate family member who has intervened in the power siting board proceeding for which the ad hoc member is included.
(2) If, because of the application of division (D) of this section, an individual is unable to serve as such an ad hoc member, a new ad hoc member shall be appointed in accordance with division (C) of this section.
(E) A designee under division (C)(1) of this section shall be one of the following from the same political subdivision as the designator:
(a) Another elected official;
(b) A resident.
Last updated July 23, 2021 at 4:54 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.022 | Ad Hoc Member Designation.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) Voting ad hoc members of the power siting board under section 4906.021 of the Revised Code shall be designated not later than thirty days after a board of county commissioners or a board of township trustees receives notification that an application, for which an ad hoc member shall be included, has been found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's designee and is accepted by the board.
(B) The ad hoc members shall be designated in accordance with the requirements set forth in division (C) of section 4906.021 of the Revised Code.
Last updated July 23, 2021 at 4:46 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.023 | Limitation on Ad Hoc Member of Intervening Township or County.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
If a board of township trustees or board of county commissioners seeks to adopt a resolution to intervene in a power siting board case for which it is entitled to have a voting ad hoc member under section 4906.02 of the Revised Code, the member shall not vote on the resolution to intervene, unless the member designates another individual to serve as the ad hoc member.
A designee under this section shall meet the requirements of division (E) of section 4906.021 of the Revised Code.
Last updated July 23, 2021 at 4:46 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.024 | Ex Parte Communication Exemption and Requirements for Ad Hoc Members.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) A voting ad hoc member of the power siting board under section 4906.02 of the Revised Code shall be exempt from any limitations on ex parte communications.
(B) If such an ad hoc member communicates with a party, including any party who is an intervenor, to a board proceeding, the ad hoc member and the party shall disclose the following to the board:
(1) The date of the conversation;
(2) All participants in the conversation who are parties to the case.
Last updated July 23, 2021 at 4:49 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.025 | Ad Hoc Member Confidentiality Requirements.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
No present or former voting ad hoc member of the power siting board shall disclose or use, without appropriate authorization, information acquired in the course of official duties that is confidential because of either of the following:
(A) Statutory law;
(B) Notice the ad hoc member received designating the information as confidential and both of the following apply:
(1) The status of the proceedings, or the circumstances under which the information was received, warrants its confidentiality;
(2) Preserving its confidentiality is necessary to the proper conduct of governmental activities.
Last updated July 23, 2021 at 4:50 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.04 | Certificate Required for Construction of Major Utility Facility.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
No person shall commence to construct a major utility facility in this state without first having obtained a certificate for the facility. The replacement of an existing facility with a like facility, as determined by the power siting board, shall not constitute construction of a major utility facility. Such replacement of a like facility is not exempt from any other requirements of state or local laws or regulations. Any facility, with respect to which such a certificate is required, shall thereafter be constructed, operated, and maintained in conformity with such certificate and any terms, conditions, and modifications contained therein. A certificate may only be issued pursuant to Chapter 4906. of the Revised Code.
A certificate may be transferred, subject to the approval of the board, to a person who agrees to comply with the terms, conditions, and modifications contained therein.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.05 | Certificate Exemptions.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
No certificate is required for a major utility facility on which construction had already commenced on October 23, 1972, or within two years thereafter. This section does not exempt such a facility from any other requirements of state and local laws and regulations.
No certificate is required for any major utility facility already in operation on October 23, 1972, and the facility shall not be exempt from any applicable state or local laws or regulations. A certificate is required for any substantial addition to a facility already in operation. "Substantial addition" shall be defined by the power siting board.
Any electric generating plant and associated facilities, electric transmission line and associated facilities, or gas pipeline and associated facilities which is not a major utility facility is not exempt from state or local laws or regulations.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.07 | Public Hearing on Application.

Effective:
September 10, 2012
Latest Legislation:
Senate Bill 315 - 129th General Assembly
(A) Upon the receipt of an application complying with section 4906.06 of the Revised Code, the power siting board shall promptly fix a date for a public hearing thereon, not less than sixty nor more than ninety days after such receipt, and shall conclude the proceeding as expeditiously as practicable.
(B) On an application for an amendment of a certificate, the board shall hold a hearing in the same manner as a hearing is held on an application for a certificate if the proposed change in the facility would result in any material increase in any environmental impact of the facility or a substantial change in the location of all or a portion of such facility other than as provided in the alternates set forth in the application.
(C) The chairperson of the power siting board shall cause each application filed with the board to be investigated and shall, not less than fifteen days prior to the date any application is set for hearing submit a written report to the board and to the applicant. A copy of such report shall be made available to any person upon request. Such report shall set forth the nature of the investigation, and shall contain recommended findings with regard to division (A) of section 4906.10 of the Revised Code and shall become part of the record and served upon all parties to the proceeding.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.08 | Parties - Testimony.

Effective:
April 7, 2004
Latest Legislation:
House Bill 133 - 125th General Assembly
(A) The parties to a certification proceeding shall include:
(1) The applicant;
(2) Each person entitled to receive service of a copy of the application under division (B) of section 4906.06 of the Revised Code, if the person has filed with the power siting board a notice of intervention as a party, within thirty days after the date the person was served with a copy of the application;
(3) Any person residing in a municipal corporation or county entitled to receive service of a copy of the application under division (B) of section 4906.06 of the Revised Code and any other person, if the person has petitioned the board for leave to intervene as a party within thirty days after the date of publication of the notice required by division (C) of section 4906.06 of the Revised Code, and if that petition has been granted by the board for good cause shown.
(B) The board, in extraordinary circumstances for good cause shown, may grant a petition, for leave to intervene as a party to participate in subsequent phases of the proceeding, that is filed by a person identified in division (A)(2) or (3) of this section that failed to file a timely notice of intervention or petition for leave to intervene, as the case may be.
(C) The board shall accept written or oral testimony from any person at the public hearing, but the right to call and examine witnesses shall be reserved for parties. However, the board may adopt rules to exclude repetitive, immaterial, or irrelevant testimony.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.09 | Record of Hearing.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
A record shall be made of the hearing and of all testimony taken. Rules of evidence, as specified by the power siting board, shall apply to the proceeding. The board may provide for the consolidation of the representation of parties having similar interests.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.101 | No Power Siting Board Certificate or Amendment in Restricted Area.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) For purposes of this section and sections 4906.102 and 4906.103 of the Revised Code, "material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code.
(B) The power siting board shall not grant a certificate for the construction, operation, and maintenance of, or material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, to be constructed in a restricted area of the unincorporated area of a county, as designated by that county's board of county commissioners under sections 303.58 and 303.59 of the Revised Code, if the utility facility is of a type prohibited in the restricted area.
Last updated July 23, 2021 at 4:50 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.102 | No Power Siting Board Certificate or Amendment Where Prohibited.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) The power siting board shall not grant a certificate for the construction, operation, and maintenance of, or a material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, to be constructed in the unincorporated area of a county, if the board of county commissioners of the county in which a utility facility is to be located has adopted a resolution prohibiting the construction of the utility facility as described in section 303.62 of the Revised Code.
(B) If the utility facility is to be located in multiple counties and less than all of the boards of county commissioners adopt a resolution prohibiting the construction of a utility facility, the power siting board shall modify the certificate or material amendment to exclude the area of each county whose board of county commissioners rejected the certificate or material amendment.
Last updated July 23, 2021 at 4:50 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.103 | No Power Siting Board Certificate or Amendment Where Limited.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
If a board of county commissioners has adopted a resolution which limits the boundaries of the proposed utility facility to a smaller geographic area of the county, completely within what was proposed by the applicant, as described in section 303.62 of the Revised Code, the power siting board shall not grant a certificate or material amendment that includes an area outside of the geographic area approved by the board of county commissioners of the county in which the utility facility is to be located.
Last updated July 23, 2021 at 4:51 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.105 | Report to the General Assembly.

Effective:
June 30, 2021
Latest Legislation:
House Bill 128 - 134th General Assembly
The power siting board shall submit a report to the general assembly, not later than December 1, 2021, on whether the current requirements for the planning of the power transmission system and associated facilities investment in this state are cost effective and in the interest of consumers. The board shall hold at least one public meeting before completing the report. The board shall complete the report in consultation with JobsOhio and may consult with or request the assistance of PJM interconnection regional transmission organization, L.L.C., the independent market monitor for PJM interconnection regional transmission organization, L.L.C. and other interested stakeholders, such as transmission owners. The report may include any recommendations for legislative changes to ensure transmission planning is cost effective and in the interest of consumers, including recommendations regarding any of the following:
(A) Whether the definition of a major utility facility should include an electric transmission line of a design capacity at or above sixty-nine kilovolts and associated facilities the costs of which are recovered as a transmission asset by the transmission owners;
(B) Whether the criteria for an accelerated certificate application should be modified;
(C) Whether the certification process is sufficiently transparent;
(D) Whether the board should require the following for, or determine if the following apply to, a transmission project certification application:
(1) That alternative transmission projects were considered;
(2) That the project was competitively bid or compared to the results of a competitive bid;
(3) That the project has been considered in the context of the utility's larger transmission plan;
(4) That the project has been considered in the context of the regional transmission planning process of PJM interconnection regional transmission organization, L.L.C.;
(5) That the project could not have been deferred or redesigned to achieve the same operational result at a lower overall cost;
(6) That the project has provided historical information for an existing transmission project or information for a planned or proposed project.
Last updated May 19, 2021 at 10:06 AM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.11 | Opinion Stating Reason for Decision.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
In rendering a decision on an application for a certificate, the power siting board shall issue an opinion stating its reasons for the action taken.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.12 | Procedures of Public Utilities Commission to Be Followed.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
Sections 4903.02 to 4903.16 and 4903.20 to 4903.23 of the Revised Code shall apply to any proceeding or order of the power siting board under Chapter 4906. of the Revised Code, in the same manner as if the board were the public utilities commission under such sections.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.13 | No Local Jurisdiction.

Effective:
October 22, 2019
Latest Legislation:
House Bill 6 - 133rd General Assembly
(A) As used in this section and sections 4906.20 and 4906.98 of the Revised Code, "economically significant wind farm" means wind turbines and associated facilities with a single interconnection to the electrical grid and designed for, or capable of, operation at an aggregate capacity of five or more megawatts but less than fifty megawatts. The term excludes any such wind farm in operation on June 24, 2008. The term also excludes one or more wind turbines and associated facilities that are primarily dedicated to providing electricity to a single customer at a single location and that are designed for, or capable of, operation at an aggregate capacity of less than twenty megawatts, as measured at the customer's point of interconnection to the electrical grid.
(B) No public agency or political subdivision of this state may require any approval, consent, permit, certificate, or other condition for the construction or operation of a major utility facility or economically significant wind farm authorized by a certificate issued pursuant to Chapter 4906. of the Revised Code. Nothing herein shall prevent the application of state laws for the protection of employees engaged in the construction of such facility or wind farm nor of municipal regulations that do not pertain to the location or design of, or pollution control and abatement standards for, a major utility facility or economically significant wind farm for which a certificate has been granted under this chapter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.14 | Joint Proceedings.

Effective:
November 15, 1981
Latest Legislation:
House Bill 694 - 114th General Assembly
The power siting board, in the discharge of its duties under Chapter 4906. of the Revised Code, may make joint investigations, hold joint hearings within or without the state, and issue joint or concurrent orders in conjunction or concurrence with any official or agency of any state or of the United States, whether in the holding of such investigations or hearings, or in the making of such orders, the board is functioning under agreements or compacts between states or under the concurrent power of states to regulate interstate commerce, or as an agency of the United States, or otherwise. The board, in the discharge of its duties under Chapter 4906. of the Revised Code, may negotiate and enter into agreements or compacts with agencies of other states, pursuant to any consent of congress, for cooperative efforts in certificating the construction, operation, and maintenance of major utility facilities in accord with the purposes of such sections and for the enforcement of the respective state laws regarding such facilities.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.201 | Setback Requirements.

Effective:
September 15, 2014
Latest Legislation:
House Bill 483 - 130th General Assembly
(A) An electric generating plant that consists of wind turbines and associated facilities with a single interconnection to the electrical grid that is designed for, or capable of, operation at an aggregate capacity of fifty megawatts or more is subject to the minimum setback requirements established in rules adopted by the power siting board under division (B)(2) of section 4906.20 of the Revised Code.
(B)(1) For any existing certificates and amendments thereto, and existing certification applications that have been found by the chairperson to be in compliance with division (A) of section 4906.06 of the Revised Code before the effective date of the amendment of this section by H.B. 59 of the 130th general assembly, September 29, 2013, the distance shall be seven hundred fifty feet instead of one thousand one hundred twenty-five feet.
(2) Any amendment made to an existing certificate after the effective date of the amendment of this section by H.B. 483 of the 130th general assembly, shall be subject to the setback provision of this section as amended by that act. The amendments to this section by that act shall not be construed to limit or abridge any rights or remedies in equity or under the common law.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.21 | Decommissioning Plan for Solar and Wind Generation Required.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) For the purposes of this section and sections 4906.21 to 4906.232 of the Revised Code:
(1) "Applicant" means an applicant for a certificate, or a material amendment to an existing certificate, from the power siting board to construct, operate, or maintain a utility facility, and includes any subsequent person to whom the certificate is transferred.
(2) "Material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code.
(B) At least sixty days prior to the commencement of construction of a utility facility, the applicant shall submit a comprehensive decommissioning plan for review and approval by the power siting board.
Last updated August 18, 2021 at 11:36 AM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.211 | Decommissioning Plan Requirements and Estimated Costs.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) The decommissioning plan submitted to the power siting board under section 4906.21 of the Revised Code shall be prepared by a professional engineer registered with the state board of registration for professional engineers and surveyors. The board may reject the engineer chosen by the applicant and to require the applicant to choose another qualified engineer.
(B) The plan shall contain the following:
(1) A list of all parties responsible for decommissioning;
(2) A schedule of decommissioning activities, not to extend beyond twelve months from the date the utility facility ceases operation;
(3) An estimate of the full costs of decommissioning the utility facility, including the proper disposal of all facility components and restoration of the land on which the facility is located to its pre-construction state. The estimate shall not take into account the salvage value of any materials from the facility.
Last updated July 23, 2021 at 4:51 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.212 | Decommissioning Estimated Costs Recalculation.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
The estimate of the total decommissioning costs of a utility facility, as described in division (B)(3) of section 4906.211 of the Revised Code, shall be recalculated every five years by an engineer retained by the applicant.
Last updated July 23, 2021 at 4:56 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.22 | Decommissioning Performance Bond Required.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) Prior to beginning construction, the applicant shall post a performance bond to ensure that funds are available for the decommissioning of the facility.
(B) The power siting board shall be the obligee of the bond.
Last updated July 23, 2021 at 4:52 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.221 | Decommissioning Performance Bond Amount.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
The performance bond required by section 4906.22 of the Revised Code shall be equal to the estimate of the costs of decommissioning included in the decommissioning plan described in section 4906.211 of the Revised Code.
Last updated July 23, 2021 at 4:57 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.222 | Decommissioning Performance Bond Update.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) The performance bond for the decommissioning of a utility facility shall be updated every five years, based on the most recent estimates, as described in section 4906.212 of the Revised Code.
(B) If the costs of decommissioning are greater in the most recent estimate than the costs of the immediately preceding estimate, the performance bond shall be increased proportionately.
(C) If the costs of decommissioning are lower in the most recent estimate than the costs of the immediately preceding estimate, the performance bond shall not be decreased.
Last updated July 23, 2021 at 4:53 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.30 | No Power Siting Board Certificate or Amendment for Nonconformity.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) For purposes of this section and section 4906.31 of the Revised Code, "material amendment" and "utility facility" have the same meanings as in section 303.57 of the Revised Code.
(B) The power siting board shall not grant a certificate for the construction, operation, and maintenance of, or a material amendment to an existing certificate for, a utility facility, either as proposed or as modified by the board, to be constructed in the unincorporated area of a county, if the facility has any of the following:
(1) A nameplate capacity exceeding that which was provided to that county's board of county commissioners under section 303.61 of the Revised Code;
(2) A geographic area that is not completely within the boundaries provided to that county's board of county commissioners under section 303.61 of the Revised Code or the limited boundaries provided by that county's board of county commissioners under section 303.62 of the Revised Code;
(3) A type of generation that is different than that which was provided to that county's board of county commissioners under section 303.61 of the Revised Code.
Last updated July 23, 2021 at 4:53 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.31 | Power Siting Board Application Provided to Township and County.

Effective:
October 11, 2021
Latest Legislation:
Senate Bill 52 - 134th General Assembly
(A) Not later than three days after an application for a certificate, or a material amendment to an existing certificate, for a utility facility is found to be in compliance with division (A) of section 4906.06 of the Revised Code by the chairperson of the power siting board or the chairperson's designee, is accepted by the power siting board, and the filing fee is paid by the applicant, the board shall provide a full and complete copy of the application to each board of trustees and each board of county commissioners of the townships or counties in which the facility is to be located.
(B) The copy of the application may be provided in any of the following formats:
(1) Paper copy;
(2) Electronic format;
(3) An electronic communication containing a link to the application, if posted on the board's web site.
Last updated July 23, 2021 at 4:53 PM
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.97 | Notice and Hearing of Complaint.

Effective:
April 7, 2004
Latest Legislation:
House Bill 133 - 125th General Assembly
(A) Upon a finding by the power siting board that there are reasonable grounds to believe that a person has violated a provision of section 4906.98 of the Revised Code, the board shall fix a time for hearing such complaint and shall notify the person. The notice shall be served not less than fifteen days before the date of hearing and shall state the matters that are the subject of the complaint. Parties to the complaint are entitled to be heard, to be represented by counsel, and to have process to enforce the attendance of witnesses.
(B) The power siting board by order or its chairperson, with written notice to the person and opportunity to respond, may require that any activity that is the subject of a complaint under division (A) of this section be suspended for the duration of the board's consideration of the complaint. Upon a showing by the party against which the complaint was filed that all matters have been addressed satisfactorily, the chairperson shall terminate the suspension.
(C) After notice and opportunity for hearing in accordance with division (A) of this section and upon a finding by the board that a person has violated a provision of section 4906.98 of the Revised Code, the board by order may assess a forfeiture of not more than five thousand dollars for each day of the violation, but the aggregate of forfeitures for a related series of violations shall not exceed one million dollars. In determining the amount of any forfeiture, the board shall consider all of the following:
(1) The gravity of the violation;
(2) The person's history of prior violations;
(3) The person's good faith efforts to comply and undertake corrective action;
(4) The person's ability to pay the forfeiture;
(5) The cost of the project;
(6) The effect of the forfeiture on the person's ability to continue as an applicant;
(7) Such other matters as justice requires.
(D) The attorney general, upon written request of the board, shall bring a civil action to recover any forfeiture assessed under division (C) of this section but not paid, or to seek other appropriate relief, including injunctive relief. The action shall be brought in the court of common pleas of Franklin county. The court shall give precedence to the action over all other cases.
(E) All forfeitures collected under division (C) or (D) of this section shall be deposited into the state treasury to the credit of the general revenue fund.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.98 | Prohibited Acts.

Effective:
June 24, 2008
Latest Legislation:
House Bill 562 - 127th General Assembly
(A) No person shall construct a major utility facility or economically significant wind farm without first obtaining a certificate.
(B) No person shall construct, operate, or maintain a major utility facility or economically significant wind farm other than in compliance with the certificate the person has obtained.
(C) No person or economically significant wind farm shall fail to comply with any order issued pursuant to this chapter or with a suspension otherwise required under division (B) of section 4906.97 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4906 | Power Siting › Section 4906.99 | Penalty.

Effective:
April 7, 2004
Latest Legislation:
House Bill 133 - 125th General Assembly
Whoever willfully violates any provision of section 4906.98 of the Revised Code may be fined not less than one thousand dollars nor more than ten thousand dollars for each day of violation, or imprisoned for not more than one year, or both.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.01 | Definitions.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in sections 4907.01 to 4907.63 of the Revised Code:
(A) "Public utility" has the same meaning as in section 4905.02 of the Revised Code.
(B) "Telephone company," "street railway company," and "interurban railroad company" have the same meanings as in section 4905.03 of the Revised Code.
(C) "Railroad" has the same meaning as in section 4907.02 of the Revised Code.
(D) "Public highway" has the same meaning as in section 4921.01 of the Revised Code.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.02 | Railroad Defined.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
As used in Chapters 4901., 4903., 4905., 4907., 4909., and 4959. of the Revised Code, "railroad" includes any corporation, company, individual, or association of individuals, or its lessees, trustees, or receivers appointed by a court, which owns, operates, manages, or controls a railroad or part of a railroad as a common carrier in this state, or which owns, operates, manages, or controls any cars or other equipment used on such a railroad, or which owns, operates, manages, or controls any bridges, terminals, union depots, sidetracks, docks, wharves, or storage elevators used in connection with such a railroad, whether owned by such railroad or otherwise, and means and includes express companies, water transportation companies, freight-line companies, sleeping car companies, and interurban railroad companies, and all persons and associations of persons, whether incorporated or not, operating such agencies for public use in the conveyance of persons or property within this state. All duties required of, and penalties imposed upon, a railroad or an officer or agent thereof insofar as they are applicable, are required and imposed upon express companies, water transportation companies, and interurban railroad companies, and upon their officers and agents.
The public utilities commission has the power of supervision and control of express companies, water transportation companies, and interurban railroad companies to the same extent as railroads.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.03 | Regulation of Service.

Effective:
October 1, 1953
Latest Legislation:
Senate Bill 361 - 100th General Assembly
Regulation of service applicable to railroads shall include:
(A) The transportation of passengers and property between points within this state;
(B) The receiving, switching, delivering, storing, and handling of such property;
(C) All charges connected with divisions (A) and (B) of this section, including icing charges and mileage charges;
(D) All railroad companies, sleeping car companies, equipment companies, express companies, car companies, freight and freight-line companies, and all associations of persons, whether incorporated or otherwise, which do business as common carriers, upon or over a line of railroad within this state;
(E) A common carrier engaged in the transportation of passengers or property wholly by rail, partly by rail and partly by water, or wholly by water;
(F) The regulation of all other duties, services, practices, and charges of the railroad company, incident to the shipping and receiving of freight, which are proper subjects of regulation.
Such regulation shall not include or apply to the regulation of commerce with foreign nations, commerce among the several states, and commerce with the Indian tribes.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.04 | Exception.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
Chapters 4901., 4903., 4905., 4907., and 4909. of the Revised Code do not apply to street and electric railways engaged solely in the transportation of passengers within the limits of cities, or to other private railroads not doing business as common carriers.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.05 | Power to Confer With Commissioners of Other States.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission may confer on any matters relating to railroads by correspondence, by attending conventions, or otherwise, with the railroad commissioners of other states and with the interstate commerce commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.06 | Commission May Inquire Into Management of Railroads.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
The public utilities commission may inquire into the management of the business of any railroad, and shall keep itself informed as to the manner and method in which it is conducted. It may obtain from a railroad the information necessary to enable it to perform the duties and carry out the objects for which it was created.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.07 | Investigation Into Violations of the Interstate Commerce Law.

Effective:
July 25, 1969
Latest Legislation:
House Bill 48 - 108th General Assembly
The public utilities commission may, and on complaint shall, investigate any freight rates on interstate traffic on railroads in this state. If in its opinion they are excessive, discriminatory, levied in violation of the interstate commerce law, or in conflict with the rulings, orders, or regulations of the interstate commerce commission, it shall present the facts to the railroad with the request to make such changes as the public utilities commission advises. If such changes are not made within a reasonable time, the public utilities commission shall apply by petition to the interstate commerce commission for relief.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.08 | Commission to Inquire Into Neglect or Violations of Laws.

Effective:
June 11, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
The public utilities commission shall inquire into any neglect or violation of the laws of this state by a railroad doing business in this state, by its officers, agents, or employees, or by any person operating a railroad. The commission shall enforce Chapters 4901., 4903., 4905., 4907., 4909., and 4959. of the Revised Code, as well as all other laws relating to railroads, and report violations thereof to the attorney general.
If, upon complaint or otherwise, the commission has reason to believe that a railroad or any officer, agent, or employee of a railroad has violated or is violating any law of this state, or if it has reason to believe that differences have arisen between citizens of the state and any railroad operating as a common carrier within this state, it shall examine into the matter.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.09 | Power of Commission to Regulate in Cases Not Designated.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
If, after hearing and investigation as provided by Chapters 4901., 4903., 4905., 4907., 4909., 4921., 4923., and 4925. of the Revised Code, the public utilities commission finds any charge, regulation, or practice affecting the transportation of passengers or property, or any service in connection therewith, not specifically designated, unreasonable or unjustly discriminatory, it may regulate it as provided by such chapters in such cases.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.10 | Commission May Make Examinations.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Upon demand, the public utilities commission, a public utilities commissioner, or any person employed by the commission for that purpose, may inspect the books and papers of a railroad and examine under oath any officer, agent, or employee of a railroad, in relation to any matter which is the subject of complaint and investigation. A person, other than one of the commissioners, who makes such demand shall produce his authority to make such inspection, under the hand of a commissioner, or of the secretary, and under the seal of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.11 | Commission May Require Production of Books and Papers.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
By order or subpoena served on a railroad as a summons is served in a civil action in the court of common pleas, the public utilities commission may require, at such time and place within this state as it designates, the production of books, papers, or accounts relating to any matter which is the subject of complaint or investigation, kept by such railroad in any office or place outside of this state, or verified copies thereof, in order that an examination of such books, papers, or accounts may be made by the commission or under its direction. Such subpoena may issue to a sheriff of any county of this state.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.12 | Forfeiture for Refusal to Comply With Subpoena.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
A railroad failing or refusing to comply within a reasonable time with an order or subpoena from the public utilities commission issued under section 4907.11 of the Revised Code shall forfeit and pay into the state treasury, for each day it so fails or refuses, not less than one hundred nor more than one thousand dollars, to be recovered in a civil action in the name of the commission.
2023 Ohio Revised Code › Title 49 | Public Utilities › Chapter 4907 | Public Utilities Commission - Railroad Powers › Section 4907.13 | Annual Statement Under Oath to Commission.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
Every railroad company, incorporated or doing business in this state, shall file with the public utilities commission a full and true statement of the affairs of such company relative to this state, covering the yearly period fixed by the commission. Such statement shall be made under oath of the proper officers of such company and shall be similar in character and detail to the annual report required to be made by railroad companies to the interstate commerce commission. If any such report is defective or erroneous, the public utilities commission may order it to be amended within a prescribed time. Such annual reports shall be preserved in the office of the public utilities commission, which commission may require specific answers to questions upon which it desires information.
A railroad company which violates this section is subject to the forfeiture provided in section 4905.12 of the Revised Code.