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Ohio Statutes, Title 49

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Title 49, Title 49. Public Utilities

34 chapters · 1,096 sections in this title.

All chapters in Title 491,096 Ch 4928, Chapter 4928 | Competitive Retail El…110 Ch 4905, Chapter 4905 | Public Utilities Comm…94 Ch 4909, Chapter 4909 | Public Utilities Comm…73 Ch 4907, Chapter 4907 | Public Utilities Comm…70 Ch 4951, Chapter 4951 | Street Railways And I…54 Ch 4955, Chapter 4955 | Tracks; Crossings52 Ch 4929, Chapter 4929 | Alternate Rate Plan F…47 Ch 4933, Chapter 4933 | Companies - Gas; Elec…45 Ch 4981, Chapter 4981 | Rail Development Comm…39 Ch 4957, Chapter 4957 | Elimination Of Crossings38 Ch 4961, Chapter 4961 | Special Powers Of Rai…37 Ch 4906, Chapter 4906 | Power Siting35 Ch 4903, Chapter 4903 | Public Utilities Comm…31 Ch 4913, Chapter 4913 | Public Utilities Comm…30

35 sections·Filtered byTitle 49✕Ch 4906✕

Ohio Rev. Code Ann. § 4906.01 Power siting definitions
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As used in Chapter 4906. of the Revised Code: (A) "Person" means an individual, corporation, business trust, association, estate, trust, or partnership or any officer, board, commission, department, division, or bureau of the state or a political subdivision of the state, or any …
Ohio Rev. Code Ann. § 4906.02 Power siting board organization
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(A)(1) There is hereby created within the public utilities commission the power siting board, composed of the chairperson of the public utilities commission, the director of environmental protection, the director of health, the director of development, the director of natural res…
Ohio Rev. Code Ann. § 4906.021 Ad hoc member requirement, qualifications
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(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) "Ma…
Ohio Rev. Code Ann. § 4906.022 Ad hoc member designation
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(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 membe…

Ohio Rev. Code Ann. § 4906.023 Limitation on ad hoc member of intervening township or county

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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…

Ohio Rev. Code Ann. § 4906.024 Ex parte communication exemption and requirements for ad hoc members

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(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,…

Ohio Rev. Code Ann. § 4906.025 Ad hoc member confidentiality requirements

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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 me…

Ohio Rev. Code Ann. § 4906.03 Powers and duties of power siting board

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The power siting board shall: (A) Require such information from persons subject to its jurisdiction as it considers necessary to assist in the conduct of hearings and any investigations or studies it may undertake; (B) Conduct any studies or investigations that it considers neces…

Ohio Rev. Code Ann. § 4906.04 Certificate required for construction of major utility facility

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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…

Ohio Rev. Code Ann. § 4906.05 Certificate exemptions

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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 certificat…

Ohio Rev. Code Ann. § 4906.06 Certificate application

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(A) An applicant for a certificate shall file with the office of the chairperson of the power siting board an application, in such form as the board prescribes, containing the following information: (1) A description of the location and of the major utility facility; (2) A summar…

Ohio Rev. Code Ann. § 4906.07 Public hearing on application

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(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 forty-five nor more than sixty days after such receipt, and shall conclude the proceeding as exp…

Ohio Rev. Code Ann. § 4906.08 Parties - testimony

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(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 interv…

Ohio Rev. Code Ann. § 4906.09 Record of hearing

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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.

Ohio Rev. Code Ann. § 4906.10 Basis for decision granting or denying certificate

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(A) The power siting board shall render a decision upon the record either granting or denying the application as filed, or granting it upon such terms, conditions, or modifications of the construction, operation, or maintenance of the major utility facility as the board considers…

Ohio Rev. Code Ann. § 4906.101 No power siting board certificate or amendment in restricted area

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(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, ope…

Ohio Rev. Code Ann. § 4906.102 No power siting board certificate or amendment where prohibited

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(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 o…

Ohio Rev. Code Ann. § 4906.103 No power siting board certificate or amendment where limited

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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…

Ohio Rev. Code Ann. § 4906.11 Opinion stating reason for decision

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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.

Ohio Rev. Code Ann. § 4906.12 Procedures of public utilities commission to be followed

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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.

Ohio Rev. Code Ann. § 4906.13 No local jurisdiction

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(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 cap…

Ohio Rev. Code Ann. § 4906.14 Joint proceedings

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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 st…

Ohio Rev. Code Ann. § 4906.20 Certificate required to construct certain wind farms

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(A) No person shall commence to construct an economically significant wind farm in this state without first having obtained a certificate from the power siting board. An economically significant wind farm with respect to which such a certificate is required shall be constructed, …

Ohio Rev. Code Ann. § 4906.201 Setback requirements

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(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 requ…

Ohio Rev. Code Ann. § 4906.21 Decommissioning plan for solar and wind generation required

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(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, …

Ohio Rev. Code Ann. § 4906.211 Decommissioning plan requirements and estimated costs

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(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 chos…

Ohio Rev. Code Ann. § 4906.212 Decommissioning estimated costs recalculation

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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

Ohio Rev. Code Ann. § 4906.22 Decommissioning performance bond required

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(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

Ohio Rev. Code Ann. § 4906.221 Decommissioning performance bond amount

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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

Ohio Rev. Code Ann. § 4906.222 Decommissioning performance bond update

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(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…

Ohio Rev. Code Ann. § 4906.30 No power siting board certificate or amendment for nonconformity

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(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 mai…

Ohio Rev. Code Ann. § 4906.31 Power siting board application provided to township and county

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(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 t…

Ohio Rev. Code Ann. § 4906.97 Notice and hearing of complaint

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(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 n…

Ohio Rev. Code Ann. § 4906.98 Prohibited acts

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(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…

Ohio Rev. Code Ann. § 4906.99 Penalty

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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.