HB 333 — Enact the Airspace Protection Act

333 Page 15 As IntroducedReported by the House Transportation Committee this state, or by any political subdivision of this state, 408 except at such places and under such rules and regulations 409 governing and controlling the operation and maintenance of 410 aircraft as are adopted and promulgated amended by the 411 department in accordance with sections 119.01 to 119.13 of the 412 Revised Code.

433 (2) Fail to exhibit such license the certification or 434 document for inspection upon the demand of any passenger on such 435 aircraft, or fail to exhibit same for inspection upon the demand 436 of any peace officer, member or employee of the department of 437 transportation, or manager or person in charge of an airport or 438 landing field within this state, prior to taking off or upon 439 H.

333 Page 16 As IntroducedReported by the House Transportation Committee of any peace officer, member or employee of the department of 437 transportation, or manager or person in charge of an airport or 438 landing field within this state, prior to taking off or upon 439 landing said aircraft.

this division of this section is 465 inapplicable to the operation of military aircraft of the United 466 States, aircraft of a state, territory, or possession of the 467 United States, or aircraft licensed by a foreign country with 468 H.

333 Page 17 As IntroducedReported by the House Transportation Committee inapplicable to the operation of military aircraft of the United 466 States, aircraft of a state, territory, or possession of the 467 United States, or aircraft licensed by a foreign country with 468 which the United States has a reciprocal agreement covering the 469 operation of such aircraft;

492 (C) Whoever violates this section shall be fined not more 493 than five hundred dollars, imprisoned not more than six months, 494 orH. both.

495 Sec.

4561.31.

(A)(1)(A) Notwithstanding section 4561.01 of 496 the Revised Code, as used in sections 4561.31 to 4561.40 of the 497 H.

333 Page 18 As IntroducedReported Revisedby Code,the "airport"House meansTransportation anyCommittee airportor issuedboth. a commercial 498 operating certificate and a medical use heliport.

495 Sec.

4561.31.

(A)(1)(A) Notwithstanding section 4561.01 of 496 the Revised Code, as used in sections 4561.31 to 4561.40 of the 497 Revised Code, "airport" means any airport issued a commercial 498 operating certificate and a medical use heliport.

521 (2) No person shall substantially change, as determined by 522 the department, the height or location of any structure or 523 object of natural growth in this state, any part of which, as a 524 result of such change, will penetrate or is reasonably expected 525 to penetrate into or through any airport's clear zone surface, 526 horizontal surface, conical surface, primary surface, approach 527 surface, or transitional surface, and for which installation had 528 H.

333 Page 19 As IntroducedReported by the House Transportation Committee result of such change, will penetrate or is reasonably expected 525 to penetrate into or through any airport's clear zone surface, 526 horizontal surface, conical surface, primary surface, approach 527 surface, or transitional surface, and for which installation had 528 commenced or which was already installed prior to October 15, 529 1991, without first obtaining a permit from the department under 530 section 4561.34 of the Revised Code.

551 (D) Any (E) A person who receives shall apply for a permit 552 to install, erect, construct, establish, substantially change, 553 or substantially alter a structure or object of natural growth 554 fromH. an airport zoning board on or after October 15, 1991, under 555 Chapter 4563.

of the Revised Code when both of the following 556 apply:

557 H.

333 Page 20 As IntroducedReported (1)by The airport zoning board exists in the geographicalHouse 558Transportation areaCommittee offrom thean proposedairport installation,zoning erection,board construction,on 559 establishment, or alterationafter ofOctober the15, structure1991, orunder object555 ofChapter 5604563. natural growth.

of the Revised Code when both of the following 556 apply:

557 (1) The airport zoning board exists in the geographical 558 area of the proposed installation, erection, construction, 559 establishment, or alteration of the structure or object of 560 natural growth.

77.11 to 576 77.19, notified the federal aviation administration prior to 577 June 1, 1991, that the person proposes to construct, establish, 578 substantially change, or substantially alter a structure or 579 object of natural growth is not required to apply for a permit 580 from the department under sections 4561.30 to 4561.39 of the 581 Revised Code in connection with the construction, establishment, 582 substantial change, or substantial alteration of the structure 583 or object of natural growth either as originally proposed to the 584 federal aviation administration or as altered as the person or 585 the federal aviation administration considers necessary, 586 provided that the federal aviation administration, pursuant to 587 H.

333 Page 21 As IntroducedReported by the House Transportation Committee or object of natural growth either as originally proposed to the 584 federal aviation administration or as altered as the person or 585 the federal aviation administration considers necessary, 586 provided that the federal aviation administration, pursuant to 587 C.F.R.

The rules shall provide that the department, upon a 609 determination that the height and location of a structure or 610 object of natural growth, as set forth in the permit 611 application, will be an obstruction, may grant a permit under 612 section 4561.34 of the Revised Code that includes a waiver from 613 fullH. compliance with the obstruction standards found in 14 614 C.F.R.

part 77.

The rules shall also provide that the department 615 shall base its what information shall be included in the 616 department's decision on whether to grant such a waiver on sound 617 H.

333 Page 22 As IntroducedReported aeronauticby principles,the asHouse setTransportation outCommittee full compliance with the obstruction standards found in F.A.A.14 614 C.F.R.

part 77.

The rules shall also provide that the department 615 shall base its what information shall be included in the 616 department's decision on whether to grant such a waiver on sound 617 aeronautic principles, as set out in F.A.A.

641 (1) A description of the structure or object of natural 642 growth for which the permit is sought, its location, and the 643 plannedH. date of commencement of installation;

644 (2) A statement explaining the need for the structure or 645 object;

646 H.

333 Page 23 As IntroducedReported (3)by A statement of the reasonsHouse whyTransportation theCommittee proposedplanned locationdate 647of iscommencement bestof suitedinstallation; for the structure or object;

644 (2) A statement explaining the need for the structure or 645 object;

646 (3) A statement of the reasons why the proposed location 647 is best suited for the structure or object;

669 (D) It is not necessary that ownership of, option for, or 670 other possessory right to a specific site be held by the 671 applicantH. before an application may be filed under this section.

672 (E) (C) If the department has reason to believe that any 673 person has or is commencing to install, erect, construct, 674 establish, or alter a structure or object of natural growth for 675 H.

333 Page 24 As IntroducedReported whichby a permit appears to be required under section 4561.31 of 676 the RevisedHouse Code,Transportation butCommittee concerningapplicant whichbefore noan application formay abe 677filed permit under sectionthis 4561.34section. of the Revised Code has been filed 678 or no permit issued, the department shall issue an order to such 679 person to appear before the department and show cause why a 680 permit need not be obtained.

672 (E) (C) If the department has reason to believe that any 673 person has or is commencing to install, erect, construct, 674 establish, or alter a structure or object of natural growth for 675 which a permit appears to be required under section 4561.31 of 676 the Revised Code, but concerning which no application for a 677 permit under section 4561.34 of the Revised Code has been filed 678 or no permit issued, the department shall issue an order to such 679 person to appear before the department and show cause why a 680 permit need not be obtained.

however, those findings and 701 recommendations are not binding on the departmentconduct its own 702 studyH. and review of the permit application concurrent with the 703 federal aviation administration's review.

Not later than 704 seventy-five days after the federal aviation administration 705 issues its final determination, the department shall grant the 706 H.

333 Page 25 As IntroducedReported permit,by deny the permit,House orTransportation grantCommittee astudy and review of the permit application concurrent with waiverthe from703 707federal obstructionaviation standards.administration's review.

Not later than 704 seventy-five days after the federal aviation administration 705 issues its final determination, the department shall grant the 706 permit, deny the permit, or grant a permit with waiver from 707 obstruction standards.

730 (a) Not later than five business days after the receipt of 731 theH. federal aviation administration's final determination, the 732 department shall contact the airport sponsor and request a 733 written decision, on official letterhead, as to the federal 734 aviation administration's determination of no hazard.

If the 735 H.

333 Page 26 As IntroducedReported airportby sponsor objects to the determinationHouse ofTransportation noCommittee hazard, the 736federal airportaviation sponsoradministration's withinfinal itsdetermination, writtenthe decision732 department shall listcontact the 737airport specificsponsor aeronauticaland impactsrequest thea obstruction733 wouldwritten havedecision, toon itsofficial 738letterhead, facilityas or to the navigablefederal airspace734 aviation administration's determination of theno airport.hazard.

If the 735 airport sponsor objects to the determination of no hazard, the 736 airport sponsor within its written decision shall list the 737 specific aeronautical impacts the obstruction would have to its 738 facility or to the navigable airspace of the airport.

In the absence of 757 such modification or unless it grants a waiver from compliance 758 with the obstruction standards, the department shall deny a 759 permit if it determines, in accordance with division (A) of this 760 section, that a proposed structure or object or a change to an 761 existing structure or object, as set forth in the application, 762 would be an obstruction to air navigation based upon the rules 763 adopted under section 4561.32 of the Revised Codethe proposed 764 installation, erection, construction, establishment, or 765 H.

333 Page 27 As IntroducedReported by the House Transportation Committee existing structure or object, as set forth in the application, 762 would be an obstruction to air navigation based upon the rules 763 adopted under section 4561.32 of the Revised Codethe proposed 764 installation, erection, construction, establishment, or 765 alteration that would allow the department to issue the permit.

Upon review of the 788 application, if the office determines that the facility 789 constitutes or will constitute an obstruction to air navigation, 790 it shall provide, in writing, this determination and either the 791 terms, conditions, and modifications that are necessary for the 792 applicant to eliminate the obstruction or a statement that 793 compliance with the obstruction standards may be waived, to the 794 power siting board under section 4906.03 or 4906.10 of the 795 H.

333 Page 28 As IntroducedReported by the House Transportation Committee terms, conditions, and modifications that are necessary for the 792 applicant to eliminate the obstruction or a statement that 793 compliance with the obstruction standards may be waived, to the 794 power siting board under section 4906.03 or 4906.10 of the 795 Revised Code, as appropriate.

(A) The department of transportation shall 821 not issue any permit under sections 4561.30 to 4561.39 of the 822 Revised Code this chapter that will result in the creation of an 823 obstruction to air navigation based upon the rules adopted under 824 section 4561.32 of the Revised Code, unless the department 825 H.

333 Page 29 As IntroducedReported by the House Transportation Committee not issue any permit under sections 4561.30 to 4561.39 of the 822 Revised Code this chapter that will result in the creation of an 823 obstruction to air navigation based upon the rules adopted under 824 section 4561.32 of the Revised Code, unless the department 825 waives compliance with the obstruction standards included in 826 those rules.

850 (B) A structure or object of natural growth is subject to 851 theH. laws and rules that are effective as of the issue date of 852 the permit for the structure's or object of natural growth's 853 installation, erection, construction, establishment, or 854 alteration.

However, any substantial change to the structure or 855 H.

333 Page 30 As IntroducedReported substantialby growth to the objectHouse ofTransportation naturalCommittee growth is subject to 856 the laws and rules that are effective as of the issue date of 852 the 857permit substantialfor changethe structure's or growthobject occurs.of natural growth's 853 installation, erection, construction, establishment, or 854 alteration.

However, any substantial change to the structure or 855 substantial growth to the object of natural growth is subject to 856 the laws and rules that are effective as of the date the 857 substantial change or growth occurs.

In addition to any other remedy provided by 879 law, the department of transportation or an airport sponsor may 880 institute in any court of competent jurisdiction an action to 881 prevent,H. restrain, correct, or abate any alleged violation or 882 threatened violation of sections 4561.30 to 4561.39 of the 883 Revised Code this chapter or any rule adopted or order issued 884 under themit.

The court may grant such relief as may be 885 H.

333 Page 31 As IntroducedReported necessary.by the House Transportation Committee prevent, restrain, correct, or abate any alleged violation or 882 threatened violation of sections 4561.30 to 4561.39 of the 883 Revised Code this chapter or any rule adopted or order issued 884 under themit.

The court may grant such relief as may be 885 necessary.

Whoever violates any provision of sections 907 4561.021 to 4561.13 of the Revised Code this chapter for which 908 no penalty otherwise is provided in the section that contains 909 the provision violated shall be fined not more than five hundred 910 dollars,H. imprisoned not more than ninety days, or both.

B.

No.

333 Page 32 As Reported by the House Transportation Committee dollars, imprisoned not more than ninety days, or both.

913 H.(A) "Airport" means any area of land or water designed and 914 set aside for the landing and taking off of aircraft, and for 915 that purpose possessing one or more hard surfaced runways of a 916 length of not less than three one thousand five eight hundred 917 feet, and designed for the storing, repair, and operation of 918 aircraft, and utilized or to be utilized in the interest of the 919 public for such purposes, and any area of land designed for such 920 purposes for which designs, plans, and specifications conforming 921 to the above requirements have been approved by the office of 922 aviation of the division of multi-modal planning and programs of 923 the department of transportation and for which not less than 924 seventy per cent of the area shown by such designs and plans to 925 constitute the total area has been acquired.

B.

No.

333 Page 32 As Introduced (A) "Airport" means any area of land or water designed and 914 set aside for the landing and taking off of aircraft, and for 915 that purpose possessing one or more hard surfaced runways of a 916 length of not less than three one thousand five eight hundred 917 feet, and designed for the storing, repair, and operation of 918 aircraft, and utilized or to be utilized in the interest of the 919 public for such purposes, and any area of land designed for such 920 purposes for which designs, plans, and specifications conforming 921 to the above requirements have been approved by the office of 922 aviation of the division of multi-modal planning and programs of 923 the department of transportation and for which not less than 924 seventy per cent of the area shown by such designs and plans to 925 constitute the total area has been acquired.

938 (C) "Airport hazard area" means any area of land adjacent 939 to an airport that has been declared to be an "airport hazard 940 area"H. by the office of aviation in connection with any airport 941 approach plan recommended by the officeas depicted on an 942 approved airport approach plan.

943 H.

333 Page 33 As IntroducedReported (D)by "Politicalthe subdivision"House meansTransportation Committee area" by the office of aviation in connection with any municipalairport 944941 corporation,approach township,plan orrecommended county.by the officeas depicted on an 942 approved airport approach plan.

943 (D) "Political subdivision" means any municipal 944 corporation, township, or county.

An obstruction of air space in an airport 969 hazard area rising to a height not in excess of forty feet above 970 the established elevation of the airport, or three feet for each 971 one hundred feet or fraction thereof its location is distant 972 from the nearest point in the perimeter of the airport, 973 H.

333 Page 34 As IntroducedReported by the House Transportation Committee hazard area rising to a height not in excess of forty feet above 970 the established elevation of the airport, or three feet for each 971 one hundred feet or fraction thereof its location is distant 972 from the nearest point in the perimeter of the airport, 973 whichever is greater, shall be prima facie reasonable.

997 Prior to initial zoning under this section, the procedures 998 set forth in sections 4563.05, 4563.06, and 4563.08 of the 999 RevisedH. Code for establishing the boundaries of the various 1000 zones and adopting the regulations therefor, shall be followed.

1001 "Approach area," "transitional area," "inner horizontal area," 1002 or "conical area," respectively, means any area of land adjacent 1003 H.

333 Page 35 As IntroducedReported toby anthe airportHouse andTransportation withinCommittee anRevised airportCode hazardfor area,establishing whichthe hasboundaries beenof 1004 declared to be an "approach area," "transitional area," "inner 1005 horizontal area," or "conical area" by the officevarious of1000 aviation,zones 1006and basedadopting upon the approachregulations plantherefor, forshall thebe airport.followed.

1001 "Approach area," "transitional area," "inner horizontal area," 1002 or "conical area," respectively, means any area of land adjacent 1003 to an airport and within an airport hazard area, which has been 1004 declared to be an "approach area," "transitional area," "inner 1005 horizontal area," or "conical area" by the office of aviation, 1006 based upon the approach plan for the airport.

In the event of conflict between any airport 1022 zoning regulations adopted under sections 4563.01 to 4563.21, 1023 inclusive, of the Revised Codethis chapter, and any other zoning 1024 regulations applicable to the same area, whether the conflict be 1025 with respect to the height of structures or objects of natural 1026 growth, the use of land, or any other matter, and whether such 1027 other regulations were adopted by the political subdivision 1028 which adopted the airport zoning regulations or by some other 1029 political subdivision, the limitation or requirement best 1030 calculatedH. to insure ensure safety shall govern.

1031 Sec.

4563.05.

Prior to initial zoning of any airport 1032 hazard area under sections 4563.01 to 4563.21, inclusive, of the 1033 H.

333 Page 36 As IntroducedReported Revisedby Codethis chapter, the airportHouse zoningTransportation boardCommittee whichcalculated is to 1034insure adoptensure thesafety regulations shall appointgovern. a commission, to be known as 1035 the airport zoning commission, to recommend the boundaries of 1036 the various zones to be established and the regulations to be 1037 adopted therefor.

1031 Sec.

4563.05.

Prior to initial zoning of any airport 1032 hazard area under sections 4563.01 to 4563.21, inclusive, of the 1033 Revised Codethis chapter, the airport zoning board which is to 1034 adopt the regulations shall appoint a commission, to be known as 1035 the airport zoning commission, to recommend the boundaries of 1036 the various zones to be established and the regulations to be 1037 adopted therefor.

All airport zoning regulations adopted under 1056 sections 4563.01 to 4563.21, inclusive, of the Revised Code this 1057 chapter shall be reasonable, and none shall impose any 1058 requirement or restriction which is not reasonably necessary to 1059 insure ensure the safety of aircraft in landing and taking off 1060 andH. air navigation, the safety of persons occupying or using the 1061 area, and the security of property thereon.

In determining what 1062 regulations are necessary, each political subdivision or airport 1063 zoning board shall consider, among other things, the character 1064 H.

333 Page 37 As IntroducedReported ofby the flyingHouse operationsTransportation expectedCommittee toand beair conductednavigation, at the 1065safety airport, the per cent of slopepersons oroccupying grade customarily used in 1066 descent or ascentusing of the aircraft1061 expectedarea, to use the airport 1067 with reference to their size, speed, and type, the naturesecurity of the 1068 terrain within the airport hazard area, the character of the 1069 neighborhood, and the uses to which the property tothereon. be zoned is 1070 put or is adaptable.

In determining what 1062 regulations are necessary, each political subdivision or airport 1063 zoning board shall consider, among other things, the character 1064 of the flying operations expected to be conducted at the 1065 airport, the per cent of slope or grade customarily used in 1066 descent or ascent of the aircraft expected to use the airport 1067 with reference to their size, speed, and type, the nature of the 1068 terrain within the airport hazard area, the character of the 1069 neighborhood, and the uses to which the property to be zoned is 1070 put or is adaptable.

In adopting or revising developing the plan, the 1085 office airport zoning commission shall consider, among other 1086 things, the size, type, and speed of aircraft expected to use 1087 the airport, the character of the flying operations expected to 1088 be conducted at the airport, the traffic pattern and regulations 1089 affecting flying operations at the airport, the location of 1090 public highways, the nature of the terrain, the height of 1091 existingH. structures and objects of natural growth above the 1092 level of the airport, and the possibility of lowering or 1093 removing existing obstructions.

The office airport zoning 1094 commission may obtain and consider information from and the 1095 H.

333 Page 38 As IntroducedReported opinionby ofthe anyHouse agencyTransportation ofCommittee theexisting federalstructures governmentand chargedobjects withof thenatural 1096growth promotion,above regulation,the or1092 controllevel of civilthe aeronauticsairport, asand to the 1097possibility approachesof necessarylowering toor safe1093 flyingremoving operationsexisting atobstructions. the airport.

The office airport zoning 1094 commission may obtain and consider information from and the 1095 opinion of any agency of the federal government charged with the 1096 promotion, regulation, or control of civil aeronautics as to the 1097 approaches necessary to safe flying operations at the airport.

All airport zoning regulations adopted under 1119 sections 4563.01 to 4563.21, inclusive, of the Revised Code,this 1120 chapter shall provide for the administration and enforcement of 1121 suchH. regulations.

The duties of any administrative agency 1122 designated pursuant to sections 4563.01 to 4563.21, inclusive, 1123 of the Revised Code,this chapter shall include that of issuing 1124 all permits under section 4563.12 of the Revised Code.

1125 H.

333 Page 39 As IntroducedReported Sec.by the House Transportation Committee such regulations.

The duties of any administrative agency 1122 designated pursuant to sections 4563.01 to 4563.21, inclusive, 1123 of the Revised Code,this chapter shall include that of issuing 1124 all permits under section 4563.12 of the Revised Code.

1125 Sec.

The first members of such board of appeals shall be so 1152 designatedH. that two shall serve for one year, two shall serve 1153 for two years, and one shall serve for three years.

1154 Sec.

4563.16.

Any person desiring to erect any structure, 1155 or increase the height of any structure, or permit the increases 1156 H.

333 Page 40 As IntroducedReported inby height of any object of natural growth, or otherwise use his 1157 the person'sHouse propertyTransportation inCommittee anydesignated mannerthat intwo conflictshall withserve airportfor 1158one zoningyear, regulationstwo adoptedshall underserve sections1153 4563.01for totwo 4563.21,years, 1159and inclusive,one ofshall theserve Revised Codethis chapter, may apply to the 1160 airport zoning board of appeals for athree varianceyears. from the zoning 1161 regulations in question.

1154 Sec.

4563.16.

Any person desiring to erect any structure, 1155 or increase the height of any structure, or permit the increases 1156 in height of any object of natural growth, or otherwise use his 1157 the person's property in any manner in conflict with airport 1158 zoning regulations adopted under sections 4563.01 to 4563.21, 1159 inclusive, of the Revised Codethis chapter, may apply to the 1160 airport zoning board of appeals for a variance from the zoning 1161 regulations in question.

1178 (2) Any governing body of a political subdivision or any 1179 airport zoning board which is of the opinion that a that 1180 considers the administrative agency's decision of such an 1181 administrative agency is an improper application of airport 1182 zoningH. regulations of concern to such governing body or board, 1183 may.

1184 The appeal shall be made to the airport zoning board of 1185 appeals authorized to hear and decide appeals from the decisions 1186 H.

333 Page 41 As IntroducedReported by the House Transportation Committee zoning regulations of concern to such thegoverning administrativebody agency.or board, 1183 may.

1184 The appeal shall be made to the airport zoning board of 1185 appeals authorized to hear and decide appeals from the decisions 1186 of such the administrative agency.

1209 (D) The airport zoning board of appeals shall fix a 1210 reasonable time for the hearing of appeals that is not more than 1211 thirty days after the filing of the notice of appeal, give 1212 publicH. notice and due notice to the parties in interest, and 1213 decide the same within a reasonable time.

Upon the hearing any 1214 party may appear in person, by agent, or by attorney.

1215 (E) The airport zoning board of appeals, in conformity 1216 H.

333 Page 42 As IntroducedReported withby sectionsthe 4563.01House toTransportation 4563.21,Committee inclusive,public ofnotice theand Reviseddue 1217notice Codethisto chapter,the mayparties reverse,in affirminterest, whollyand or1213 partly,decide or 1218 modify, the order,same requirement,within decision,a orreasonable determinationtime. 1219 appealed from.

Upon the hearing any 1214 party may appear in person, by agent, or by attorney.

1215 (E) The airport zoning board of appeals, in conformity 1216 with sections 4563.01 to 4563.21, inclusive, of the Revised 1217 Codethis chapter, may reverse, affirm wholly or partly, or 1218 modify, the order, requirement, decision, or determination 1219 appealed from.

1241 Sec.H.

4906.10.

(A) The power siting board shall render a 1242 decision upon the record either granting or denying the 1243 application as filed, or granting it upon such terms, 1244 conditions, or modifications of the construction, operation, or 1245 maintenance of the major utility facility as the board considers 1246 H.

333 Page 43 As IntroducedReported appropriate.by the House Transportation Committee Sec.

4906.10.

(A) The power siting board shall render a 1242 decision upon the record either granting or denying the 1243 application as filed, or granting it upon such terms, 1244 conditions, or modifications of the construction, operation, or 1245 maintenance of the major utility facility as the board considers 1246 appropriate.

1265 (4) In the case of an electric transmission line or 1266 generating facility, that the facility is consistent with 1267 regional plans for expansion of the electric power grid of the 1268 electric systems serving this state and interconnected utility 1269 systems, that the facility will serve the interests of electric 1270 systemH. economy and reliability, and, in the case of an electric 1271 transmission line, that the facility must consider implementing 1272 cost-effective advanced transmission technologies to maximize 1273 the value, expand capacity, or improve the reliability of the 1274 facility;

1275 H.

333 Page 44 As IntroducedReported (5)by Thatthe House Transportation Committee system economy and reliability, and, in the case of an electric 1271 transmission line, that the facility willmust complyconsider withimplementing Chapters1272 3704.,cost-effective 1276advanced 3734.,transmission andtechnologies 6111.to maximize 1273 the value, expand capacity, or improve the reliability of the 1274 facility;

1275 (5) That the facility will comply with Chapters 3704., 1276 3734., and 6111.

1297 (8) That the facility incorporates maximum feasible water 1298 conservation practices as determined by the board, considering 1299 available technology and the nature and economics of the various 1300 alternatives.H.

1301 (B) If the board determines that the location of all or a 1302 part of the proposed facility should be modified, it may 1303 condition its certificate upon that modification, provided that 1304 the municipal corporations and counties, and persons residing 1305 H.

333 Page 45 As IntroducedReported therein, affected by the modificationHouse shallTransportation haveCommittee beenalternatives. given 1306 reasonable notice thereof.

1301 (B) If the board determines that the location of all or a 1302 part of the proposed facility should be modified, it may 1303 condition its certificate upon that modification, provided that 1304 the municipal corporations and counties, and persons residing 1305 therein, affected by the modification shall have been given 1306 reasonable notice thereof.